Gautrain water ingress ruling
MURRAY & ROBERTS HOLDINGS LIMITED
(Incorporated in the Republic of South Africa)
Registration number 1948/029826/06
JSE Share Code: MUR
ADR Code: MURZY
ISIN Code: ZAE000073441
(“Murray & Roberts” or the “Company”)
GAUTRAIN WATER INGRESS RULING
An arbitration award has been made in the dispute between the Gauteng Provincial
Government (“Province”) and the Bombela Concession Company (“Bombela”), relating to
the interpretation of the specification for the amount of ground water contractually allowed to
drain into the Gautrain tunnel over a specified period of time.
This has been a complex arbitration process and this complexity is reflected in the
Arbitration Tribunal’s (“the Tribunal”) award. Overall, the Tribunal supported Province’s
interpretation of the water ingress specification.
The Tribunal ruled that, in certain parts of the Gautrain tunnel, the non-compliance with
specification could be settled through financial compensation and in other parts of the
Gautrain tunnel, additional works (as yet unspecified) will be required in order to meet this
specification. Any additional works will be carried out by the Bombela Civil Joint Venture
(“BCJV”), of which Murray & Roberts has a 45% shareholding, together with Bouygues
(45%) and SPG (10%).
The way forward will now be agreed between Bombela, BCJV and the Province.
It is important to emphasise that the Tribunal’s award specifically records that “the
functionality and safe operation of the system is not threatened by the inflow of water into the
tunnel”. Therefore all Gautrain services will continue to operate normally pending decisions
regarding the extent and nature of possible additional work, as well as other commercial
arrangements to be agreed between Bombela and the Province.
Bedfordview
27 November 2013
Sponsor: Deutsche Securities (SA) Proprietary Limited
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