Aventino Ecotroopers Joint Venture and Others v MEC for the Department of Roads and Transport, Gauteng Province and Others [2023] ZAGPPHC 330; 28395/2022 (15 May 2023)

Aventino Ecotroopers Joint Venture and Others v MEC for the Department of Roads and Transport, Gauteng Province and Others [2023] ZAGPPHC 330; 28395/2022 (15 May 2023)

The court found that the applicants failed to prove that the tenders had lapsed, as the Supply Chain Management Bid Evaluation Committee Charter permitted extension notices only to those who passed the last stage of evaluation. The applicants' submissions regarding the necessity of notifying all bidders were...

Source-derived case information.

Citation
[2023] ZAGPPHC 330
Parties
Applicant: Aventino Ecotroopers Joint Venture; Applicant: All Afrika Group (Pty) Ltd; Applicant: Ecotroopers Construction (Pty) Ltd; Respondent: MEC for the Department of Roads and Transport, Gauteng Province; Respondent: Vea Road Maintenance and Civils (Pty) Ltd; Respondent: Lubocon Civils CC
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
15 May 2023
Case Number
28395/2022
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs, including costs of two counsels and wasted costs for specified dates.
Judges
Makhoba
Legal Topics
Public Procurement, Preferential Procurement Policy Framework Act, Bid Disqualification, Joinder of Parties, Tender Validity Period, Review of Administrative Action
Administrative Law Civil Procedure Commercial and Corporate Public Procurement Preferential Procurement Policy Framework Act Bid Disqualification Joinder of Parties Tender Validity Period +1 more

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Parties

Aventino Ecotroopers Joint Venture

Applicant

All Afrika Group (Pty) Ltd

Applicant

Ecotroopers Construction (Pty) Ltd

Applicant

MEC for the Department of Roads and Transport, Gauteng Province

Respondent

Vea Road Maintenance and Civils (Pty) Ltd

Respondent

Lubocon Civils CC

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the tenders in question had lapsed prior to their award to the second and third respondents.
  2. 2 Whether the applicants were unlawfully disqualified from the tender process.
  3. 3 Whether the awards were made in conflict with section 2(1)(f) of the Preferential Procurement Policy Framework Act.

Ratio Decidendi

The court found that the applicants failed to prove that the tenders had lapsed, as the Supply Chain Management Bid Evaluation Committee Charter permitted extension notices only to those who passed the last stage of evaluation. The applicants' submissions regarding the necessity of notifying all bidders were incorrect. The court held that the applicants remained properly disqualified due to the unresolved allegations of fraud and criminal conduct, and that the validity of the disqualification should have been challenged and set aside before seeking substitution relief. The non-joinder of subcontractors did not affect the proceedings, as they did not have a direct legal interest. The...

Court Disposition

Application dismissed with costs, including costs of two counsels and wasted costs for specified dates.

Orders

  • The application is dismissed.
  • The applicants are ordered to pay the first, second and third respondents' costs, including costs consequent upon the employment of two counsels.