Cochrane Projects (Pty) Ltd v Kouga Local Municipality and Another (1962/2018) [2019] ZAECGHC 54 (7 May 2019)

Cochrane Projects (Pty) Ltd v Kouga Local Municipality and Another (1962/2018) [2019] ZAECGHC 54 (7 May 2019)

The court found that the applicant was provided with adequate and comprehensible reasons for the disqualification of its bid by the first respondent in correspondence dated 21 August and 20 September 2017. The applicant's repeated requests for further reasons were unreasonable and did not delay the commencement of the 180-day period for instituting review proceedings under PAJA. The application was launched outside the prescribed period, and the applicant failed to provide a reasonable explanation for the delay. The court held that the applicant's bid was non-responsive due to non-compliance with clause F.2.12 of the tender conditions, which required submission of a main tender strictly...

Citation
[2019] ZAECGHC 54
Parties
Applicant: Cochrane Projects (Pty) Ltd; Respondent: Kouga Local Municipality; Respondent: Yonke Imihla Building Solutions CC t/a JB Fencing & Civils
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
7 May 2019
Case Number
1962/2018
Procedural Posture
Review Application / Final Judgment on Review Application
Outcome
Application dismissed with costs, including costs of the interdict application.
Judges
Roberson
Legal Topics
Promotion of Administrative Justice Act, Public Procurement, Tender Non Responsiveness, Delay in Review, Bid Specification Bias, Construction Industry Regulation
Administrative Law Civil Procedure Commercial and Corporate Promotion of Administrative Justice Act Public Procurement Tender Non Responsiveness Delay in Review Bid Specification Bias +1 more

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 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Cochrane Projects (Pty) Ltd

Applicant

Kouga Local Municipality

Respondent

Yonke Imihla Building Solutions CC t/a JB Fencing & Civils

Respondent

Procedural Posture

Review Application / Final Judgment on Review Application

Legal Issues

  1. 1 Whether the applicant's review application was instituted within the time period prescribed by section 7(1) of PAJA.
  2. 2 Whether the reasons provided by the first respondent for disqualifying the applicant's bid were adequate and comprehensible.
  3. 3 Whether the applicant's bid was non-responsive due to non-compliance with material tender conditions, specifically clause F.2.12.

Ratio Decidendi

The court found that the applicant was provided with adequate and comprehensible reasons for the disqualification of its bid by the first respondent in correspondence dated 21 August and 20 September 2017. The applicant's repeated requests for further reasons were unreasonable and did not delay the commencement of the 180-day period for instituting review proceedings under PAJA. The application was launched outside the prescribed period, and the applicant failed to provide a reasonable explanation for the delay. The court held that the applicant's bid was non-responsive due to non-compliance with clause F.2.12 of the tender conditions, which required submission of a main tender strictly...

Court Disposition

Application dismissed with costs, including costs of the interdict application.

Orders

  • The application is dismissed with costs, including the costs of the interdict application.