Khuduga N.O and Others v The Free State Development Corporation and Others (A214/2017) [2018] ZAFSHC 18 (22 February 2018)

Khuduga N.O and Others v The Free State Development Corporation and Others (A214/2017) [2018] ZAFSHC 18 (22 February 2018)

The Court held that the compulsory briefing session was a valid and peremptory requirement of the tender process. The Appellants' failure to attend rendered their proposals non-responsive, and considering their bid would undermine the principle of equal treatment among bidders. The procurement process was conducted in accordance with statutory and internal requirements, and there was no evidence of procedural unfairness or grounds to set aside the award. The ancillary relief sought, including an interim interdict and disclosure of information, was rendered irrelevant by the finding that the Appellants' bid was non-compliant. The appeal was dismissed with costs.

Citation
[2018] ZAFSHC 18
Parties
Appellant: Richard Khuduga N.O.; Appellant: Martha Paulina Khuduga N.O.; Appellant: Lynnzay Precethy Wymers N.O.; Respondent: The Free State Development Corporation; Respondent: Registrar of Deeds, Free State Province; Respondent: Botlokwa Holdings; Respondent: Thoko Alice Malembe; Respondent: Alice Malembe N.O.; Respondent: Lebohang Samuel Moleko N.O.
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
22 February 2018
Case Number
A214/2017
Procedural Posture
Civil Appeal / Appeal Against Dismissal of Review Application and Ancillary Relief
Outcome
Appeal dismissed with costs.
Judges
Loubser, Jordaan, Molitsoane
Legal Topics
Tender Process, Procedural Fairness, Interim Interdict, Preferential Procurement, Legitimate Expectation, Review of Administrative Action
Administrative Law Civil Procedure Commercial and Corporate Tender Process Procedural Fairness Interim Interdict Preferential Procurement Legitimate Expectation +1 more

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Parties

Richard Khuduga N.O.

Appellant

Martha Paulina Khuduga N.O.

Appellant

Lynnzay Precethy Wymers N.O.

Appellant

The Free State Development Corporation

Respondent

Registrar of Deeds, Free State Province

Respondent

Botlokwa Holdings

Respondent

Thoko Alice Malembe

Respondent

Alice Malembe N.O.

Respondent

Lebohang Samuel Moleko N.O.

Respondent

Procedural Posture

Civil Appeal / Appeal Against Dismissal of Review Application and Ancillary Relief

Legal Issues

  1. 1 Whether the tender process conducted by the First Respondent was procedurally fair and lawful.
  2. 2 Whether the failure of the Appellants to attend the compulsory briefing session rendered their tender non-responsive.
  3. 3 Whether the Appellants are entitled to have the tender award set aside and the property registered in their name.

Ratio Decidendi

The Court held that the compulsory briefing session was a valid and peremptory requirement of the tender process. The Appellants' failure to attend rendered their proposals non-responsive, and considering their bid would undermine the principle of equal treatment among bidders. The procurement process was conducted in accordance with statutory and internal requirements, and there was no evidence of procedural unfairness or grounds to set aside the award. The ancillary relief sought, including an interim interdict and disclosure of information, was rendered irrelevant by the finding that the Appellants' bid was non-compliant. The appeal was dismissed with costs.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.