certain buildings within a 12 month timeframe. It would operate a textile division and a garment division. From the project turnover which would reach US$146.10 million in year 5, it is clear a large operation was intended. This is enforced by what is stated under the heading Namibia Investment’ that a fully integrated textile mill in ‘Ramatex excess of US$100 million would be operational with 3 years from the commencement of business. Further, employment would be created on a vast scale starting with 3000 employees in year 1, rising to 8000 in year 3 and peaking at 10601 in year 5. Human resources development was specified over a 5 year period. Ramatex undertook that at least 50% of the water usage would be recycled and that it would be used in an environmentally friendly dyeing process. There may be other matters that need to be specified but it is not necessary for purposes of this judgment to attempt to stipulate a full list of the matters that formed part of the of ‘schedule operations’. Suffice to say Ramatex undertook to invest a substantial amount to establish and operate a textile mill or complex which would employ thousands of Namibians and conduct its operations in an environmentally friendly manner. The aforesaid of operations’ thus formed part of the and ‘schedule conditions of the lease agreement but did so expressly and contained obligations that Ramatex undertook to comply with. If for any reasons they could not do so, they would be able to refer the matter to the City for renegotiation in terms of the clause already quoted relating to unforeseen occurrences. Repudiation The City relied, in the alternative to the tacit term or condition which I have
certain buildings within a 12 month timeframe. It would operate a textile division and a garment division. From the project turnover which would reach US$146.10 million in year 5, it is clear a large operation was intended. This is enforced by what is stated under the heading ‘Ramatex Namibia Investment’ that a fully integrated textile mill in excess of US$100 million would be operational with 3 years from the commencement of business. Further, employment would be created on a vast scale starting with 3000 employees in year 1, rising to 8000 in year 3 and peaking at 10601 in year 5. Human resources development was specified over a 5 year period. Ramatex undertook that at least 50% of the water usage would be recycled and that it would be used in an environmentally friendly dyeing process. There may be other matters that need to be specified but it is not necessary for purposes of this judgment to attempt to stipulate a full list of the matters that formed part of the ‘schedule of operations’. Suffice to say Ramatex undertook to invest a substantial amount to establish and operate a textile mill or complex which would employ thousands of Namibians and conduct its operations in an environmentally friendly manner. The aforesaid ‘schedule of operations’ thus formed part of the and conditions of the lease agreement but did so expressly and contained obligations that Ramatex undertook to comply with. If for any reasons they could not do so, they would be able to refer the matter to the City for renegotiation in terms of the clause already quoted relating to unforeseen occurrences. Repudiation The City relied, in the alternative to the tacit term or condition which I have