Johannesburg - The court case between Eskom and Westinghouse has taken another turn in the South Gauteng High Court.

Judge Carelse has dismissed the review application by Westinghouse against Eskom and Areva with costs.

READ: Westinghouse in court again on Eskom tender

Westinghouse Electric Belgium earlier withdew an urgent application where it alleged that Eskom was in contempt of a court order granted, by consent of the parties on 5 September2014.

Eskom re-iterated in a statement issued at the time that it had provided Westinghouse Electric Belgium, through its attorneys Webber Wentzel, all the relevant documents leading up to and forming the basis of Eskom’s decision to award the tender for the steam generator replacement at the Koeberg nuclear power station.

Court order

This information was first provided as part of Eskom’s answering affidavit on 1 September 2014 and resulted in Westinghouse Electric Belgium withdrawing its interim interdict application.

Further documentation was provided on 4 September 2014, 10 September 2014 and on 14 and 15 October.
 
"Over 600 documents have been provided to Westinghouse Electric Belgium’s attorneys, Webber Wentzel. In the spirit of cooperation, but without believing that it was in any way forced to do so by a court order, Eskom provided additional documents that did not form part of the court order," Eskom said.

"When Westinghouse’s attorneys made relentless demands for more confidential and commercially sensitive information, some of which did not even relate to the Eskom decision on 15 August 2014, Eskom resisted this high-handed approach, which it viewed as constituting an abuse of court process."

Remains satisfied

According to Eskom "the high-handed and personalised nature of the Westinghouse Electric Belgium approach is unfortunate".

"At no point did Eskom or its representatives seek to undermine an order of the court or act in a manner that demonstrated contempt," said Eskom.

The power utility said it remained satisfied with the integrity of its procurement process.