Only two of 17 residences at UFH to be built
ONLY two of 17 residences at the University of Fort Hare will be built pending the re-adjudication of the remaining phases of the R400million contract.
This remains so even after further costly legal skirmishes between competing contractors for the tender.
In the latest skirmish, joint venture (JV) Asag/Isondlo, which originally won the contract, failed in its application for leave to appeal a judgment in March that effectively prohibited it from proceeding with the final three phases of the four-phase contract.
Its competition, failed bidder Equicent, had brought a counter-application, asking the court to declare the JV had effectively abandoned its right to appeal because it had agreed in writing to unreservedly implement the order.
In terms of the law, if one of the parties unequivocally conveys its intention to be bound by a judgment, it abandons its right to appeal.
Judge Judith Roberson declared the JV had indeed abandoned its right to appeal and consequently, in the same breath, dismissed JV’s application for leave to appeal.
The JV had written two letters to Equicent in March confirming it had instructed its principal agent and all sub-contractors to cease work on all but two buildings in compliance with Roberson’s original order.
However, just a few days later, it submitted its application for leave to appeal her order.
It is envisaged the student village will consist of 17 much-needed new residential buildings at UFH accommodating 2 046 students, a student centre, a parking area and walkways.
It has been described as the largest infrastructural development project ever undertaken by UFH.
Asag/Isondlo indicated to the Daily Dispatch last month it regarded the court ruling as a temporary setback until the re-evaluation of the remaining part of the tender was completed.
“We remain confident in terms of the quality and pricing of our submission and look forward to a fast and efficient resolution,” it said.