8 December 2021
MAJORO BEGS SOUTH AFRICAN HIGH COURT
AFTER MISSING DEADLINE
Prime Minister Dr Moeketsi Majoro’s handling of the Frazer Solar litigation matter has taken a new turn that has seen him reduced to begging. On 1 December 2021, Dr Majoro commenced new proceedings in the South African High Court in which he begs the Court to give him more time and another chance to rectify his own mistake in failing to meet the deadline to file the set aside application to challenge Frazer Solar’s €50 million arbitration award.
As Frazer Solar informed the Court on 22 October 2021 and made public on 28 October 2021, Dr Majoro missed the key deadline to file GOL’s set aside application to challenge Frazer Solar’s €50 million arbitration award and hence was now precluded by law from doing so. At the time Frazer Solar stated that Dr Majoro had scored an own goal, sunk his own case and was handing Frazer Solar victory. It now appears, 6 weeks later, that Dr Majoro has finally realised that Frazer Solar was correct and that he has indeed made a serious and fatal mistake. As the time limit has clearly elapsed, he has no other choice but to beg the Court to give him more time and another chance.
The International Arbitration Act gives a party 3 months in which to apply to have an arbitral award set aside after they have received notification of it. Dr Majoro admits in his affidavit that he had received more than 3 months’ notice. Therefore, by his own admission he is out of time. This leaves Dr Majoro no choice but to beg the Courts to waive the time bar and give him a second chance.
A spokesperson for Frazer Solar said:
“Dr Majoro shows once again that he has a complete disregard for the rule of law and disrespect for the judicial process. He appears to think he is above the law and that normal rules and processes don’t apply to him.
However, legal processes including time limits are to be adhered to, this is the basis of our legal system: you can’t board a train once it’s left the station. Dr Majoro’s belated realisation of his own fatal error and desperate attempt to get sympathy from the Court is highly unlikely to be successful.”
Notes to Editors
In January 2020, an independent arbitrator ruled in Frazer Solar’s favour concerning a series of contractual breaches committed by the Kingdom of Lesotho, related to a renewable energy project developed by the company. Lesotho was ordered to pay Frazer Solar €50 million in damages but failed to do so.
Consequently, in May 2021, Frazer Solar’s lawyers commenced a worldwide enforcement action against assets held by the Kingdom.