Phakoe Building Construction v Tsilo Star Construction (CCA/0044/2019) [2023] LSHC 11 (13 March 2023)

Phakoe Building Construction v Tsilo Star Construction (CCA/0044/2019) [2023] LSHC 11 (13 March 2023)

The Tender Panel lawfully exercised its discretion in disqualifying Phakoe's irregular bid and awarding the tender to Ts’ilo Star Construction (Pty) Ltd. No valid complaint was lodged with the Procurement Unit, thus the PPAD lacked jurisdiction to entertain the appeal. The contract was fully performed, rendering the application moot.

Citation
[2023] LSHC 11
Parties
Applicant: Phakoe Building Construction; 1st Respondent: Ts’ilo Star Construction (Pty) Ltd; 2nd Respondent: Procurement Unit-Ministry of Public Works and Transport; 3rd Respondent: Minister of Public Works and Industry; 4th Respondent: The Attorney General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
13 March 2023
Case Number
CCA/0044/2019
Procedural Posture
Judicial Review / Judgment
Outcome
Application dismissed with costs
Legal Topics
Tender Process, Jurisdiction of Procurement Bodies, Mootness, Review of Administrative Action
Source Language
English
Public Procurement Administrative Law Tender Process Jurisdiction of Procurement Bodies Mootness Review of Administrative Action

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Phakoe Building Construction

Applicant

Ts’ilo Star Construction (Pty) Ltd

1st Respondent

Procurement Unit-Ministry of Public Works and Transport

2nd Respondent

Minister of Public Works and Industry

3rd Respondent

The Attorney General

4th Respondent

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Tender Panel acted lawfully in declining the Evaluation Team's recommendation and awarding the tender to Ts’ilo Star Construction (Pty) Ltd
  2. 2 Whether there was a pending complaint justiciable before the Public Procurement Advice Division (PPAD) at the time the contract was concluded
  3. 3 Whether the contract should be reviewed and set aside or declared unlawful given the circumstances

Ratio Decidendi

The Tender Panel lawfully exercised its discretion in disqualifying Phakoe's irregular bid and awarding the tender to Ts’ilo Star Construction (Pty) Ltd. No valid complaint was lodged with the Procurement Unit, thus the PPAD lacked jurisdiction to entertain the appeal. The contract was fully performed, rendering the application moot.

Court Disposition

Application dismissed with costs

Orders

  • The application is dismissed with costs.