City wants suit over Waterfront desalination plant dismissed
The City of Cape Town has asked the Western Cape High Court to dismiss legal action launched against it by the company that built a desalination plant at the V&A Waterfront, reports News24.
Quality Filtration Systems (QFS) is suing the city for alleged breach of contract valued at more than R50m, plus damages, over a plant it was commissioned to build at the height of Cape Town's drought.
QFS claimed the City had 'deliberately or negligently' withheld information about sewage contamination of seawater in tender information in November 2017 for the building of the desalination plant at the Waterfront.
In responding court papers, the city said although QFS had written to the city in May to cancel its contract and to notify the city of its intention to launch legal action for damages, the company had failed to write to the municipal manager to tell him this. This was in contravention of the Legal Proceedings against Certain Organs of State Act (Legal Proceedings Act) and meant that the company was therefore barred from taking legal action against the city.
The city asked the court to dismiss QFS' application with costs, including the cost of two counsel.
QFS claims the city had been aware that the seawater in the uptake area was contaminated by sewage and that it was also aware that the tender specifications were inadequate to purify seawater contaminated by sewage.
The city has denied this.
It said the information in the tender document about raw seawater quality was to give an indication only of the water quality on those days when it had been sampled.
QFS has said as a direct result of the city's 'misrepresentation', it suffered damages of R58.4m.
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