SEDCO, LILAWU’S E5M TENDER BATTLE

MBABANE – Lilawu Construction (Pty) Ltd has come out guns blazing against SEDCO in the matter where the two are embroiled in a legal battle over the release of workshop units’ keys.

The construction company has submitted that the Small Enterprises Development Company (SEDCO) was made aware as early as March 2018 of their stance regarding the release of keys of the units in Pigg’s Peak.

SEDCO had awarded Lilawu a E5 927 927.99 tender for the construction of the eight workshop units at Pigg’s Peak. Lilawu is now allegedly refusing to hand over the keys to the workshops and to relinquish the construction site claiming that SEDCO owes it over E300 000.

Liability

SEDCO, which is denying liability, has since instituted legal proceedings against Lilawu. According to SEDCO, the respondent breached an agreement the parties had as it failed to meet the completion dates. This resulted in SEDCO terminating the construction contract.
The government parastatal is seeking an order declaring that the conduct of Lilawu to withhold the workshop keys and refusal to relinquish possession of the construction site at Pigg’s Peak was malicious and unlawful.

The applicant (SEDCO) is further seeking an order directing Lilawu to relinquish possession of the construction site and to forthwith release and/or handover the keys for the workshop. The veracity of these allegations is yet to be tested in court.
SEDCO is represented by Mluleki Ndlangamandla of MLK Ndlangamandla Attorneys while Lilawu, which is opposing the application, is represented by Musa Shongwe of Simelane Shongwe Attorneys.

Lilawu has submitted that SEDCO wants to portray as if the termination of the building contract was a consequence of their failures.
Concerns
“It is submitted that the delays in the project cannot be attributed to Lilawu Construction. I submit that the respondent raised numerous concerns in the project but same were not attended to by the applicant,” read the court papers in part.

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