China Jiangsu Loses Once Again

Goitsemodimo Kaelo | Monday June 15, 2020 16:26

 

On Friday, Lobatse High Court’s Justice Ranier Busang hammered another nail on the coffin for China Jiangsu by dismissing its review application and in turn awarding government costs of application up to and including the date of judgement.

China Jiangsu had filed a review of PPADB’s decision to award the tender to rival company, Zhengtai Group Botswana (Pty) Ltd.

The parties have been involved in a bitter legal battle after PPADB backed out of an initial decision to award the tender to China Jiangsu following advice from the Directorate of Intelligence and Security (DIS) that the latter was a threat to national security.

Prior to this judgement, the Chinese company had launched an unsuccessful bid to stay the conclusion of the contract between the Ministry of Land Management and Water Sanitation and Zhengtai Group Botswana (Pty) Ltd through an urgent interdict application.

When delivering her judgement on Friday, Justice Busang said the only matter left for determination was in relation to costs of the application because in terms of Section 105 of the PPADB Act, the court could not grant the contract to the Applicant even if grounds for review exist.

She said as it is, a contract has already been concluded.

“It is also not clear on the China Jiangsu’s submissions when it realised that the ship has sailed away from the port and the contribution of the government to its sailing, which justifies an order for costs against them,” reasoned Busang.

Busang added that any order for costs should be justified in law and in facts.

She stated that the court would only make an order for costs against the government if the blame leading to the discontinuation, withdrawal and termination of the proceedings can be placed on the government’s doorstep.

Busang also ordered that costs should be agreed or taxed.