Aveng, which was awarded the contract in 2013, lodged the claim earlier this year after Eskom refused to comply with the instruction of an independent adjudicator that it should hand over the disputed amount.
Eskom disputed liability for the payment, saying making it would contravene an agreement with Aveng that it was conditional on Treasury approval and compliance with the utility's internal corporate governance processes.But acting judge JJ Reyneke disagreed and ordered Eskom to pay Aveng R40,087,353.06, plus interest and the construction company's legal costs.
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