Amandla GCF Construction CC and Another v Municipality Manager of Saldanha Bay Municipalityand Others (3563/2018) [2018] ZAWCHC 77; 2018 (6) SA 63 (WCC) (22 June 2018)

Amandla GCF Construction CC and Another v Municipality Manager of Saldanha Bay Municipalityand Others (3563/2018) [2018] ZAWCHC 77; 2018 (6) SA 63 (WCC) (22 June 2018)

The court held that section 62 of the Municipal Systems Act does not confer any discretion on the Municipality or its officials to extend the statutory 21-day period for lodging an appeal. The language and structure of section 62 indicate a legislative intent for appeals to be dealt with swiftly and within fixed timeframes. The Municipal Manager acted ultra vires in extending the appeal period, and the subsequent appeal and award to the second respondent were invalid. The court rejected arguments that constitutional principles of fairness or inherent powers could override the statutory deadline, emphasizing that fairness must be balanced for all parties and that statutory certainty is...

Citation
[2018] ZAWCHC 77
Parties
Applicant: Amandla GCF Construction CC; Applicant: Khubeka Construction CC; Respondent: Municipality Manager of Saldanha Bay Municipality; Respondent: Martin and East (Pty) Ltd; Respondent: Executive Mayor of the Saldanha Bay Municipality; Respondent: Saldanha Bay Municipality
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
22 June 2018
Case Number
3563/2018
Procedural Posture
Review Application / Final Judgment on Review
Outcome
Application for review granted; extension of appeal period and subsequent award set aside; costs awarded to applicants.
Judges
N P Boqwana
Legal Topics
Municipal Tender Awards, Statutory Time Limits, Ultra Vires, Internal Appeals, Preferential Procurement
Administrative Law Civil Procedure Municipal Tender Awards Statutory Time Limits Ultra Vires Internal Appeals Preferential Procurement

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Parties

Amandla GCF Construction CC

Applicant

Khubeka Construction CC

Applicant

Municipality Manager of Saldanha Bay Municipality

Respondent

Martin and East (Pty) Ltd

Respondent

Executive Mayor of the Saldanha Bay Municipality

Respondent

Saldanha Bay Municipality

Respondent

Procedural Posture

Review Application / Final Judgment on Review

Legal Issues

  1. 1 Whether the Municipal Manager was authorised to extend the statutory 21-day appeal period under section 62(1) of the Municipal Systems Act.
  2. 2 Whether the appeal lodged by the second respondent outside the 21-day period was valid and could be considered.
  3. 3 Whether the Mayor's decision to award the tender to the second respondent was lawful.

Ratio Decidendi

The court held that section 62 of the Municipal Systems Act does not confer any discretion on the Municipality or its officials to extend the statutory 21-day period for lodging an appeal. The language and structure of section 62 indicate a legislative intent for appeals to be dealt with swiftly and within fixed timeframes. The Municipal Manager acted ultra vires in extending the appeal period, and the subsequent appeal and award to the second respondent were invalid. The court rejected arguments that constitutional principles of fairness or inherent powers could override the statutory deadline, emphasizing that fairness must be balanced for all parties and that statutory certainty is...

Court Disposition

Application for review granted; extension of appeal period and subsequent award set aside; costs awarded to applicants.

Orders

  • The First Respondent's decision to extend the period for appeals under section 62 of the Municipal Systems Act is reviewed and set aside.
  • The Third Respondent's decision to award the tender to the Second Respondent is reviewed and set aside.