Cement giant PPC in US$72k dispute

Cement manufacturer PPC has been accused of failing to deliver 330 tonnes of cement to Erksales Hardware despite allegedly receiving full payment for the consignment last year.

Erksales Hardware has approached the High Court seeking compensation, becoming the second company after Tri Oceans Investments to pursue legal action against PPC this year over cement reportedly paid for but not delivered.

PPC and its employee, Nicole Botha, are cited as the first and second respondents in the case.

According to the claim, Erksales Hardware purchased 11 truckloads of cement, each weighing 30 tonnes, through a PPC sales representative last year. The company alleges that the consignment was never delivered.

The cement is valued at US$72,600 at current market prices.

The dispute, registered under case number HCBC835/26, is set to return to the High Court on November 6, when Justice Bongani Ndhlovu is expected to hear Erksales Hardware's application to have the matter reinstated.

The initial application for recompense was dismissed after Botha opposed it, prompting Erksales Hardware to seek reinstatement.

A court notice issued on October 14 confirmed the date of the upcoming hearing but did not specify the reasons for the initial dismissal or detail the respondents' arguments.

The November hearing will determine whether the dismissed case should be reinstated. If the application succeeds, PPC Zimbabwe and Botha will be required to respond to the claims in subsequent proceedings, with hearing dates to be determined by the court.

In July this year, Tri Oceans Investments also took PPC to court over a similar alleged non-delivery dispute. The parties eventually agreed to settle the matter out of court.

The allegations against PPC and Botha have not been determined by the High Court.