
ordered to pay Estate Construction P13.7 million Court of Appeal have dealt a heavy blow on the cash strapped Kweneng District Council (KwDC) by upholding the decision of the High Court that they must pay Estate Construction (Pty) Ltd an outstanding P13.7 million for the construction of the Molepolole Bus Terminal. Delivering the judgment Justice Craig Telfer Howie on behalf of other two judges said KwDC is obliged to pay the sum certified by their resident engineer and that there are limited grounds on which a certificate can be contested. KwDC had accused the engineer of negligence or even collusion with Estate Construction which Court of Appeal said is a serious allegation against a professional person and that they did not include that in the pleaded defence. “Given the serious, if not remarkable, discrepancies in the council’s various allegations to which I have referred, coupled with its failure to provide any explanation for its letter of 5 of august 2016 which avoids the admissions in it, I have no hesitation in reaching the conclusion that the defence stated in the pleas is not bona fide. It follows that the order for summary judgment is unassailable,” said Justice Howie. Estate Construction…