Easypay (Pty) Ltd v Mangaung Metropolitan Municipality and Others (1111/2013) [2013] ZAFSHC 44 (4 April 2013)

Easypay (Pty) Ltd v Mangaung Metropolitan Municipality and Others (1111/2013) [2013] ZAFSHC 44 (4 April 2013)

The court found that the applicant had established a prima facie right to procedural fairness in the tender process, as the objective facts indicated that Centlec failed to provide sufficient technical information in time for the applicant to prepare for the required presentation and demonstration. The disqualification of the applicant was not clearly justified by the tender conditions, and there was no evidence that non-attendance at the presentation constituted an automatic ground for disqualification. The applicant would suffer irreparable harm if the tender process continued and a contract was awarded before the review could be heard, as its rights would be rendered academic. The...

Citation
[2013] ZAFSHC 44
Parties
Applicant: Easypay (Pty) Ltd; Respondent: Mangaung Metropolitan Municipality; Respondent: Centlec (SOC) Ltd; Respondent: Municipal Manager of the Mangaung Metropolitan Municipality; Respondent: Itron Metering Solution South Africa (Pty) Ltd; Respondent: Smartech Technology (Pty) Ltd; Respondent: Robs Investment Holding (Pty) Ltd; Respondent: Cigicell (Pty) Ltd; Respondent: Dajo Technologies (Pty) Ltd
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
4 April 2013
Case Number
1111/2013
Procedural Posture
Urgent Application / Interim Interdict Pending Review
Outcome
Interim interdict granted; applicant's non-compliance with forms and service condoned; costs awarded against the second respondent.
Judges
J.P. Daffue
Legal Topics
Interim Interdict, Procedural Fairness, Public Procurement, Audi Alteram Partem, Review of Tender Award
Administrative Law Civil Procedure Interim Interdict Procedural Fairness Public Procurement Audi Alteram Partem Review of Tender Award

Case Brief

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Parties

Easypay (Pty) Ltd

Applicant

Mangaung Metropolitan Municipality

Respondent

Centlec (SOC) Ltd

Respondent

Municipal Manager of the Mangaung Metropolitan Municipality

Respondent

Itron Metering Solution South Africa (Pty) Ltd

Respondent

Smartech Technology (Pty) Ltd

Respondent

Robs Investment Holding (Pty) Ltd

Respondent

Cigicell (Pty) Ltd

Respondent

Dajo Technologies (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Interim Interdict Pending Review

Legal Issues

  1. 1 Whether the applicant was entitled to procedural fairness in the tender process.
  2. 2 Whether the disqualification of the applicant was lawful and reviewable.
  3. 3 Whether the requirements for an interim interdict were met.

Ratio Decidendi

The court found that the applicant had established a prima facie right to procedural fairness in the tender process, as the objective facts indicated that Centlec failed to provide sufficient technical information in time for the applicant to prepare for the required presentation and demonstration. The disqualification of the applicant was not clearly justified by the tender conditions, and there was no evidence that non-attendance at the presentation constituted an automatic ground for disqualification. The applicant would suffer irreparable harm if the tender process continued and a contract was awarded before the review could be heard, as its rights would be rendered academic. The...

Court Disposition

Interim interdict granted; applicant's non-compliance with forms and service condoned; costs awarded against the second respondent.

Orders

  • The application is considered as urgent in terms of Rule 6(12) and applicant's non-compliance with forms and service is condoned.
  • Pending finalisation of Part B of this application, the First, Second and Third Respondents are interdicted and restrained from any furtherance of the evaluation and/or adjudication process in respect of Bid Number: RFP12/2012 for pre-paid electricity vending services, or executing and/or fulfilling and/or giving...