CSC Joint Venture has won its Neckartal Dam court case compeling the Government to stop any work on the construction of the dam.
A joint venture between Italian, Kuwaiti and South African dam construction companies, CSC had lost the multi-billion dollar tender to the Italian firm Salini Costruttori S.p.A .
A High Court bench made up of Judge President Petrus Damaseb, Dave Smuts and Shafimana Ueitele made a ruling in favour of CSC Joint Venture today in Windhoek.
The judgment ordered Government through the Tender Board to restart the process.
The High Court has also ordered Government to pay the legal costs of the case, “The respondents being the Namibian Government, the Tender Board of Namibia, the Ministry of Agriculture, Water and Forestry, the Ministry of Finance and Salini - are directed to pay the applicant's legal costs, jointly and severally, the one paying the other to be absolved. These costs are to include those of the instructed legal counsels, and one instructing counsel,” Judge Smuts said when he read out the judgment.
“The application brought by CSC Joint Venture to review the tender award for the construction of the Neckartal Dam is successful. The decision of the Tender Board of Namibia to allocate the tender for the Neckartal Dam construction project to the Italian dam construction firm Salini Costruttori S.p.A is hereby set aside with costs,” the judgment read by Judge Smuts says.
“We accordingly make the following order that the decision by the Tender Board of Namibia to award the tender for the construction of the Neckartal Dam project and Phase One of the bulk water supply project under Tender Number F1/18/2-1/2012 to the fourth respondent (Salini) is set aside,” Judge Smuts further said.