R2 billion water tender dispute heads to High Court

A major legal showdown in the Pietermaritzburg High Court this week could have a massive impact on KwaZulu-Natal’s water crisis.

Base Major Construction has turned to the court after losing out on a tender process for a crucial water works project, claiming that its bid was R2bn less than the company who was awarded the contract.

The contract to improve water supply to regions in eThekwini and uMdoni municipality was given to rival company, Icon Construction, which put in a bid of R7 billion , and the matter has raised questions about decision-making processes within the tendering system.

The showdown comes as KZN, particularly eThekwini Municipality, grapples with a dire water crisis, with many households going without water for protracted periods.

The court has scheduled a hearing for 11 March which comes amid rising tensions relating to the provision of essential water supplies.

As the province faces crippling challenges, driven by deteriorating infrastructure and an escalating demand for water, this legal clash takes on critical significance.

Base Major Construction are challenging the disqualification of their bid, asserting that it was undermined by unsubstantiated claims regarding essential deficiencies, including a shortage of skilled personnel. The firm vehemently maintains that its teams are fully qualified and that all documentation was duly submitted, in line with tender requirements.

In response to the unfolding legal drama, Siyabonga Maphumulo, spokesperson for uMngeni-uThukela Water, acknowledged the sensitive nature of the situation.

“As you know that the matter is before court, we would choose not to comment at this point. We would make our submission in court in due time,” he stated, further elevating the anticipation surrounding the upcoming court proceedings.

The contentious infrastructure project is designed to facilitate the transfer of water from the uMkhomazi River to the existing Umgeni system, a critical component in overcoming the long-term water supply challenges faced by the Durban and Pietermaritzburg regions. Presently, these areas are beleaguered by a combination of obsolete infrastructure, financial hurdles, and growing residential demand.

Alongside its legal manoeuvres, Base Major Construction has highlighted concerns over the transparency of the procurement process. The firm is particularly dissatisfied with the insufficient clarity regarding the outcomes of their appeals against the disqualification of their bid. This ongoing legal battle underscores the pressing necessity for stringent governance standards and adherence to procurement protocols—especially in public sector undertakings affecting vital infrastructure.

As the court date approaches, the ramifications of this dispute could extend far beyond the parties involved. The resolution of this case holds the potential to substantially influence the communities that depend on improved access to water in KwaZulu-Natal, a matter that remains urgent and pivotal.