Latest news with #WesternCapeHighCourt
IOL News
5 days ago
- IOL News
Court ruling exposes systemic failures in tackling gender-based violence in Belhar
Judge Mas-Udah Pangarker said the judgment should send out a strong message that rape and gratuitous violence are not taken lightly by the courts. Image: File A man's failed appeal against his life sentence has flecked open the injustices his estranged wife suffered following a drug-fuelled rape and gender-violence attack, which brought the woman within inches of losing her life. The judgment recently made in the Western Cape High Court, again shone the spotlight on the beleaguered Belhar police station, where the victim - in a critically bruised and bloodied state - was left without help for more than two hours while attempting to report the crime. In handing down judgment, Judge Mas-Udah Pangarker said the judgment should send out 'a strong message that rape and gratuitous violence of the nature that the complainant faced, as do so many other women and children, are not taken lightly by the courts'. Judge Pangarker ordered that the current station commander at Belhar SAPS investigate the circumstances and reasons why the complainant, who cannot be named, was not promptly assisted on or about October 15, 2019. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ The estranged couple are parents of two minor children who now are in the care of family after the father was jailed and the mother, regretfully, finds herself back on the streets having again succumbed to her drug addiction. Enquiries to SAPS had not been answered by deadline. Judge Pangarker said the court had 'stepped beyond the traditional role as the appeal court because of the horror of the (man's) actions and the abject failure of police assistance when it was so desperately needed'. In the judgment, the judge ordered that after the station commander writes a report after their investigation and submit it to the Director of Public Prosecutions (DPP), which should in turn then provide training to the personnel and police officers at Belhar police station on the proper and expeditious handling of rape, sexual offences and gender-based violence offences, and the treatment of victims and complainants of such offences. Judge Pangarker said the DPP may, if it deems necessary, enlist the assistance of the Commission for Gender Equality in respect of such training. 'The court was also concerned as to whether the complainant had received the necessary counselling for the trauma she suffered. Far too often victims of crime and women and children in particular, regretfully fall through the cracks of an overburdened criminal justice system when it comes to post-trial attention and ongoing counselling. We were gratified to be informed through the diligence of counsel for the State, that the complainant had received some counselling. '(The woman) of her own volition, expressed to the court that she hoped that this matter may help other victims of gender-based violence and rape, as she wished her story and experience to be heard. To the extent that we have taken this unusual approach to the matter, we hope that this judgment sends out a strong message that rape and gratuitous violence of the nature that the complainant faced, as do so many other women and children, are not taken lightly by the courts,' said Judge Pangarker. The conduct of the community, who ignored the woman's first plea for help when she approached a neighbour for assistance, was also lamented by Judge Pangarker. 'This brings me to the surrounding community and neighbours whose conduct featured in the trial. The first neighbour, who notwithstanding a desperate plea from a visibly bleeding and bludgeoned complainant who begged her for help, simply refused to assist her, explaining that she did not wish to become involved in what she regarded to be no more than a domestic squabble. 'Such attitudes may not be isolated and given the high and pervasive levels of violence in the Western Cape, some community members fear for their lives when aiding injured persons. Needless to state, the broader fight against gender-based violence is compromised by such complex realities. Moreover, the real fears harboured by neighbours and other community members and the reality of violence should not be underestimated nor ignored,' said Pangarker. Ilitha Labantu spokesperson, Siyabulela Monakali, said the judgment must serve as more than a footnote in legal history. 'Ilitha Labantu strongly condemns both the heinous gender-based violence perpetrated against the survivor and the gross negligence displayed by the Belhar police station. That a woman, bruised, traumatised, and seeking help, was made to sit in agony for over two hours without assistance reflects a staggering failure of duty by law enforcement. These are not just procedural oversights; they represent deep institutional shortcomings that routinely fail survivors of gender-based violence in South Africa. 'The survivor in this matter was doubly victimised, first by her estranged husband in a violent and brutal assault, and then by the very system meant to protect her. Such injustice is a direct consequence of a lack of urgency, care, and accountability within some arms of our criminal justice system,' said Monakali. He added that they do not believe a single round of training and an internal investigation are sufficient to remedy what has occurred. 'Training without enforcement, oversight, and a shift in institutional culture is inadequate. What happened at Belhar SAPS is not an isolated incident, it is symptomatic of a broader national crisis in policing responses to GBV,' said Monakali. He said the organisation over the past five years have proactively worked to close these gaps by offering GBV sensitisation and response training to SAPS stations across the Western Cape. Monakali said to date, Ilitha Labantu has capacitated nearly 100 police stations across various districts, recognising that many officers are not adequately trained to deal with the complexities of GBV-related cases. These trainings, accepted voluntarily by the police stations, are offered free of charge, and is done as part of their commitment to building a justice system that works for survivors. 'Survivors of gender-based violence are consistently encouraged by government, civil society, and the broader public to report incidents to the police as a vital step toward justice and protection. However, incidents such as the one at Belhar police station severely undermine those efforts. When survivors are met with delays, indifference, or secondary victimisation at the very institutions meant to support them, it discourages others from coming forward.'
IOL News
6 days ago
- Business
- IOL News
Eskom ordered to cough up R1 billion in costs after cancelled Koeberg project
Eskom loses court bid to fend off R1bn payment after cancelling a contract. Image: Supplied Eskom has been ordered to pay close to R1 billion to French nuclear contractor Framatome, after the Western Cape High Court found the utility refused to pay damages after it cancelled a contract to install steam generators at Koeberg nuclear power station. The ruling stems from a 2014 agreement Eskom originally concluded with Areva, which was later ceded to Framatome. The deal covered the design, manufacture and installation of six replacement steam generators – three for each unit at Koeberg. Framatome, which has been in operation for 60 years, was contracted to supply and install two sets of three replacement steam generators, one set to be installed in each of the reactor buildings at units 1 and 2 at Koeberg during separate planned outages of these units. These installations were meant to take place during a scheduled maintenance outage, which kept getting postponed. Two months after the outage was finally scheduled to happen, 'Eskom informed Framatome that it would not be continuing with the steam generator replacement,' the judgement said. As a result of the cancellation of the deal, Eskom's project manager 'acknowledged that Eskom's decision to postpone the work constituted a compensation event,' the judgment read. Although the project manager had acknowledged that Eskom's cancellation triggered compensation, he determined that the value of compensation was nil. The entire matter then went to arbitration, where the adjudicator ordered that Eskom must pay compensation for cancelling the contract, including for storing equipment, as well as implementation activities, which work had been wasted by Eskom delaying the date of the planned maintenance outage. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ After some back and forth between the parties and the adjudicator, during which the parties didn't agree on costs, 'Eskom made it clear that it had no intention of providing the adjudicator with any further information or participating any further in the adjudication process,' the ruling read. As a result, the adjudicator issued a determination of the damages amount, and Eskom decided to take the issue to the Western Cape High Court, arguing that the amount in damages was not determined by the date it was due – voiding his determination. In defending Eskom's legal action, Framatome argued that none of the arbitration proceedings were improper, nor was the adjudicator abusing his power. The Judge ruled that 'there is no basis to set aside the decisions of the adjudicator which are valid and binding. In terms of the parties' contract Eskom was obliged to comply therewith.' Eskom, it found, had to comply with its contractual obligations. The court found that Framatome was entitled to the full amount it sought. In addition to the R1bn payment, Eskom had to pay interest and costs. IOL
The Citizen
7 days ago
- Business
- The Citizen
No fines or penalties over Koeberg delays, Eskom says
The two disputes stem from the Steam Generator Replacement Project of Unit 2 at Koeberg Nuclear Power Station. Eskom has sought to clarify that two contractual disputes with Framatome, the contractor for the Steam Generator Replacement Project at the Koeberg nuclear power station, are being addressed through agreed resolution processes. The two disputes stem from the Steam Generator Replacement Project of Unit 2 at Koeberg Nuclear Power Station, which has now seen significant progress, following problems that contributed to a bout of stage 3 load shedding in March. Steam generators Framatome had taken over the contract to supply and install replacement generators at the power plant's two reactor buildings from Areva NP in 2018. The recent Long-Term Operation (LTO) programme for Unit 2 included the replacement of three steam generators, extensive inspections, and refuelling activities, ensuring continued safe and efficient performance. ALSO READ: Koeberg Unit 2 back online, but what caused the 'unplanned' trip? Eskom needed to replace the plant's six steam generators – three in each of its two units – to prolong its life by another 20 years. Media reports Eskom issued a statement on 21 July, following media reports, that the utility had been ordered by the high court to pay more than R1 Billion to Framatome over delays to the Steam Generator Replacement Project at Koeberg. According to reports, the Western Cape High Court agreed with the findings of an adjudicator who investigated the delays two and a half years ago, ruling that Eskom was at fault for the stoppage of work and had to pay for breaching its contract. Disputes The utility's spokesperson, Daphne Mokwena, said the two disputes were adjudicated between December 2022 and February 2023. Mokwena said in accordance with the contract, disputes are first referred to adjudication and, if not resolved, to arbitration. 'As Eskom was not satisfied with the adjudicator's decisions, the two matters were escalated to arbitration as per the agreed process. The arbitration was held from June to July 2025, and a decision is expected in the last quarter of Eskom's financial year. ALSO READ: Load shedding: Hiccup in Eskom's power plans 'Recent media reports appear to have mixed separate legal processes. To clarify, no new payments are currently due, and all actions taken by Eskom have been in line with the applicable legal and contractual procedures,' Mokwena said. Disagreement Mokwena added that although Eskom disagreed with the adjudicator's decisions, the utility complied with the requirement to implement the outcome and made payments in the interim. 'All payments had been made by March 2024 as part of standard contract processes—not as penalties or fines. At the same time, in March 2023, Eskom approached the Cape High Court to have the adjudicator's decisions set aside due to procedural irregularities.' Mokwena said the court only delivered its judgment on 17 July 2025, over a year late. 'Eskom is currently reviewing the judgment to determine the appropriate next steps. We encourage the public and media to trust the integrity of this process. Eskom is following the proper legal channels to resolve these matters responsibly, and we remain committed to transparency and accountability throughout. 'Most importantly, despite these disputes, the core technical work, replacing the steam generators on Koeberg Unit 2, has been completed. This is a major milestone that contributes to the safe and extended operation of the power station, helping to ensure energy security for the country,' Mkowena said. Eskom stated that it anticipates a decision on the arbitration hearing in the last quarter of its financial year. Koeberg Koeberg's units 1 and 2 have undergone life extension exercises. In July last year, the National Nuclear Regulator (NNR) granted Eskom a licence to continue operating Koeberg Nuclear Power Station Unit 1 until 21 July 2044. As a result, Koeberg Unit 1 is expected to contribute over 930MW to the grid for another 20 years,' Mokwena said. ALSO READ: Eskom takes action after breach of online vending system
IOL News
21-07-2025
- Business
- IOL News
Eskom to pay R1 billion penalty over Koeberg steam generator dispute
Eskom has been ordered to pay French company Framatome almost R1 billion by the Western Cape High Court in a contractual dispute over the replacement of steam generators at the Koeberg Power Station. Image: Supplied Power utility Eskom must pay French nuclear power company Framatome nearly R1 billion in a contractual dispute over the replacement of steam generators at the Koeberg Nuclear Power Station. Eskom hauled the company formerly known as Areva to the Western Cape High Court to challenge adjudicator Peter Ramsden's decisions on the merits and the quantum delivered in December 2022 and March 2023, respectively. The entity's contention was that both decisions were beyond his jurisdiction and failed to apply the rules of natural justice. Eskom complained that Ramsden failed to take into account its submissions, issue a reasoned decision and decide the issues that he was required to decide. Video Player is loading. 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Next Stay Close ✕ In addition, Eskom stated that the adjudicator failed to receive and take into account its response to Framatome's amended claim as well as its submissions when determining the quantum. Eskom was also unhappy that the adjudicator accepted the amounts in the company's amended claim without having enquired into the supporting documents or the details of the claim, failed to issue a reasoned decision and/or follow the procedure he laid down by himself. The dispute dates back to 2014 when the parties concluded an agreement to replace the steam generators at Koeberg. In terms of the contract, Framatome work included the supply and installation of two sets of three replacement steam generators, with one set to be installed in each of the reactor buildings at units one and two at Koeberg during their separate planned outages. The work of replacing the steam generators can only be performed during maintenance and refuelling outages when the power station is offline and the outages are planned in advance and around Eskom's operational requirements. Eskom had scheduled the outage dates and planned to replace the steam generators but then twice postponed for a later date. The power utility then informed Framatome that it would not be continuing with the steam generator replacement work during one of the outages. However, the company notified Eskom of an event which required it to notify the power supplier of such an event and that it required compensation after the postponement. This was acknowledged by the project manager. Eskom then unsuccessfully approached the adjudicator, claiming that both decisions were unenforceable as contractual obligations and need not be complied with as he exceeded his powers. It later filed an application for several declarators, which acting Judge Renata Williams dismissed with costs on Thursday. Framatome succeeded in its counter-application and Eskom was ordered to pay the company €35,288,582 (about R729 million) exclusive of value-added tax (VAT) and subject to the price adjustment for inflation pursuant to secondary option clause of the contract. Payment is also pursuant to certain clauses of the contract, interest thereon calculated at the London Interbank Offered Rate applicable at the time for amounts due in other currencies Additionally, Eskom must pay Framatome more than R256.6m exclusive of VAT and subject to the price adjustment for inflation pursuant to secondary option clause of the contract and pursuant to certain clauses including interest. The power utility was also ordered to pay the costs of Framatome's counter application including the costs of the company's France-based attorneys. 'There is no basis to set aside the decisions of the adjudicator which are valid and binding. In terms of the parties' contract Eskom was obliged to comply therewith,' acting Judge Williams ruled. Eskom spokesperson Daphney Mokwena did not respond to requests for comment on Saturday. Cape Times
IOL News
19-07-2025
- Business
- IOL News
Eskom faces R1 billion penalty in high-stakes Koeberg steam generator dispute
Eskom has been ordered to pay French company Framatome almost R1 billion by the Western Cape High Court in a contractual dispute over the replacement of steam generators at the Koeberg Power Station. Image: Supplied Power utility Eskom must pay French nuclear power company Framatome nearly R1 billion in a contractual dispute over the replacement of steam generators at the Koeberg Power Station. Eskom hauled the company formerly known as Areva to the Western Cape High Court to challenge adjudicator Peter Ramsden's decisions on the merits and the quantum delivered in December 2022 and March 2023, respectively. The entity's contention was that both decisions were beyond his jurisdiction and failed to apply the rules of natural justice. On the merits, Eskom complained that Ramsden failed to take into account its submissions, issue a reasoned decision and decide the issues that he was required to decide. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad loading In addition, Eskom also stated that the adjudicator failed to receive and take into account its response to Framatome's amended claim as well as its submissions when determining the quantum. Eskom was also unhappy that the adjudicator accepted the amounts in the company's amended claim without having enquired into the supporting documents or the details of the claim, failed to issue a reasoned decision and/or follow the procedure he laid down by himself. The dispute dates back to 2014 when the parties concluded an agreement to replace the steam generators at Koeberg. In terms of the contract, Framatome work included the supply and installation of two sets of three replacement steam generators, with one set to be installed in each of the reactor buildings at units one and two at Koeberg during their separate planned outages. The work of replacing the steam generators can only be performed during maintenance and refuelling outages when the power station is offline and the outages are planned in advance and around Eskom's operational requirements. Eskom had scheduled the outage dates and planned to replace the steam generators but then twice postponed for a later date. The power utility then informed Framatome that it would not be continuing with the steam generator replacement work during one of the outages. However, the company notified Eskom of an event which required it to notify the power supplier of such an event and that it required compensation after the postponement. This was acknowledged by the project manager. Eskom then unsuccessfully approached the adjudicator, claiming that both decisions were unenforceable as contractual obligations and need not be complied with as he exceeded his powers. It later filed an application for several declarators, which acting Judge Renata Williams dismissed with costs on Thursday. Framatome succeeded in its counter-application and Eskom was ordered to pay the company €35,288,582 (about R729 million) exclusive of value-added tax (VAT) and subject to the price adjustment for inflation pursuant to secondary option clause of the contract. Payment is also pursuant to certain clauses of the contract, interest thereon calculated at the London Interbank Offered Rate applicable at the time for amounts due in other currencies Additionally, Eskom must pay Framatome more than R256.6m exclusive of VAT and subject to the price adjustment for inflation pursuant to secondary option clause of the contract and pursuant to certain clauses including interest. The power utility was also ordered to pay the costs of Framatome's counter application including the costs of the company's France-based attorneys. 'There is no basis to set aside the decisions of the adjudicator which are valid and binding. In terms of the parties' contract Eskom was obliged to comply therewith,' acting Judge Williams ruled. Eskom spokesperson Daphney Mokwena did not respond to requests for comment on Saturday.
