BCB Cable Jointing CC v Ampcor Khanyisa (Pty) Ltd and Others (4709/2021) [2023] ZAWCHC 89; [2023] 3 All SA 81 (WCC) (5 May 2023)

BCB Cable Jointing CC v Ampcor Khanyisa (Pty) Ltd and Others (4709/2021) [2023] ZAWCHC 89; [2023] 3 All SA 81 (WCC) (5 May 2023)

The court found that the applicant failed to provide a full and reasonable explanation for the eight-month delay in instituting review proceedings, with significant periods unexplained and the remainder inadequately justified. The applicant’s reliance on alleged fraud was unsupported by admissible evidence and did not obviate the need for condonation. The City’s supply chain management policy was valid at the time of the tender award, as the invalidity of the 2017 regulations did not retrospectively affect the policy. The tender process, including pricing evaluation and committee constitution, complied with the applicable legal and policy requirements. The grounds advanced for setting...

Citation
[2023] ZAWCHC 89
Parties
Applicant: BCB Cable Jointing CC; Respondent: Ampcor Khanyisa (Pty) Ltd; Respondent: The City of Cape Town; Respondent: The City Manager, City of Cape Town
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
5 May 2023
Case Number
4709/2021
Procedural Posture
Review Application / Final Judgment After Opposed Review Application
Judges
J Cloete
Legal Topics
Tender Review, Delay Institution of Proceedings, Preferential Procurement, Condonation, Fraud in Tender Process, Quorum Requirements
Administrative Law Civil Procedure Tender Review Delay Institution of Proceedings Preferential Procurement Condonation Fraud in Tender Process Quorum Requirements

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 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

BCB Cable Jointing CC

Applicant

Ampcor Khanyisa (Pty) Ltd

Respondent

The City of Cape Town

Respondent

The City Manager, City of Cape Town

Respondent

Procedural Posture

Review Application / Final Judgment After Opposed Review Application

Legal Issues

  1. 1 Whether the applicant's delay in instituting review proceedings should be condoned.
  2. 2 Whether the City’s supply chain management policy is invalid due to the invalidity of the 2017 Preferential Procurement Regulations.
  3. 3 Whether the tender award to Ampcor Khanyisa (Pty) Ltd should be set aside on grounds of fraud, pricing, procedural irregularities, or lack of quorum.

Ratio Decidendi

The court found that the applicant failed to provide a full and reasonable explanation for the eight-month delay in instituting review proceedings, with significant periods unexplained and the remainder inadequately justified. The applicant’s reliance on alleged fraud was unsupported by admissible evidence and did not obviate the need for condonation. The City’s supply chain management policy was valid at the time of the tender award, as the invalidity of the 2017 regulations did not retrospectively affect the policy. The tender process, including pricing evaluation and committee constitution, complied with the applicable legal and policy requirements. The grounds advanced for setting...