ANC Minister’s attempt to stop private power production at Clanwilliam defeated due to false testimony

by | Mar 22, 2024

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The High Court has dismissed Water and Sanitation Minister Senzo Mchunu’s application to halt the operations of Clackson Power on the hydroelectric plant at Clanwilliam Dam

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The High Court has dismissed Water and Sanitation Minister Senzo Mchunu’s application to halt the operations of an independent power producer (IPP) at Clanwilliam Dam. This decision comes amidst revelations of false testimony by the department’s chief director of engineering services, Aloious Muwengwa Chaminuka, casting doubt on the validity of the proceedings.

Clackson Power, holding a National Energy Regulations of South Africa (Nersa) license valid until March 2028 for the dam’s hydropower plant, faced Mchunu’s legal challenge. The power purchase agreement (PPA) between Clackson Power and the Cederberg Municipality has been in place since May 1998, with the company selling all generated power to the municipality.

Mchunu argued that the dam wall-raising project, aiming to increase water yields by 70 million cubic meters per year, required termination of Clackson Power’s operations agreement. Despite letters requesting cessation of operations, Clackson Power maintained its right to occupy the property and continue its business under existing agreements.

The court, led by Judge DC Joubert, focused on the authority of Mchunu’s deponent, Chaminuka, who falsely claimed to be the Director-General of the DWS. Joubert deemed the proceedings unauthorized due to this false representation, dismissing the case and highlighting the lack of explanation or apology for the misrepresentation.

This development adds to the legal challenges surrounding the Clanwilliam Dam project, with construction group Raubex previously seeking explanations for the award of tenders related to the project. The dismissal underscores the importance of proper authorization and transparency in legal proceedings, particularly in contentious infrastructure projects like Clanwilliam Dam

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