Lohan Civil- Tebogo Joint Venture and Anders v Mangaung Plaaslike Munisipaliteit and Anders (508/2009) [2009] ZAFSHC 46 (6 April 2009)

Lohan Civil- Tebogo Joint Venture and Anders v Mangaung Plaaslike Munisipaliteit and Anders (508/2009) [2009] ZAFSHC 46 (6 April 2009)

The court found that both the Bid Adjudication Committee and the Municipal Manager failed to comply with statutory and regulatory requirements by not awarding the tender to the applicant, who had achieved the highest score. The reasons advanced for deviating from the recommendation were either irrelevant, unfounded,...

Source-derived case information.

Citation
[2009] ZAFSHC 46
Parties
Applicant: Lohan Civil-Tebogo Joint Venture; Applicant: Lohan Civil (Pty) Ltd; Applicant: Lekhobolo Agnes Nelly Kwagile N.O.; Applicant: Aobakwe Koa McNatly Noko N.O.; Applicant: Sebusang Agnes Matoase N.O.; Respondent: Mangaung Plaaslike Munisipaliteit; Respondent: Munisipale Bestuurder: Mangaung Plaaslike Munisipaliteit; Respondent: Die Voorsitter: Bod Beoordelings Komitee Mangaung Plaaslike Munisipaliteit; Respondent: Die Bod Beoordelings Komitee Mangaung Plaaslike Munisipaliteit; Respondent: Moeletsi-Peter JV; Respondent: Peter Contractors (Pty) Ltd; Respondent: Moeletsi Trading CC
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
6 April 2009
Case Number
508/2009
Procedural Posture
Review Application / Final Judgment After Hearing on Merits
Outcome
Application for review granted; decisions of the Bid Adjudication Committee and Municipal Manager set aside and remitted for reconsideration.
Judges
Van Zyl, R
Legal Topics
Municipal Supply Chain Management, Preferential Procurement, Judicial Review, Promotion of Administrative Justice Act, Tender Award, Objective Criteria
Administrative Law Civil Procedure Municipal Supply Chain Management Preferential Procurement Judicial Review Promotion of Administrative Justice Act Tender Award Objective Criteria

Source-derived case record

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 4 Authorities cited 16 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Lohan Civil-Tebogo Joint Venture

Applicant

Lohan Civil (Pty) Ltd

Applicant

Lekhobolo Agnes Nelly Kwagile N.O.

Applicant

Aobakwe Koa McNatly Noko N.O.

Applicant

Sebusang Agnes Matoase N.O.

Applicant

Mangaung Plaaslike Munisipaliteit

Respondent

Munisipale Bestuurder: Mangaung Plaaslike Munisipaliteit

Respondent

Die Voorsitter: Bod Beoordelings Komitee Mangaung Plaaslike Munisipaliteit

Respondent

Die Bod Beoordelings Komitee Mangaung Plaaslike Munisipaliteit

Respondent

Moeletsi-Peter JV

Respondent

Peter Contractors (Pty) Ltd

Respondent

Moeletsi Trading CC

Respondent

Procedural Posture

Review Application / Final Judgment After Hearing on Merits

Legal Issues

  1. 1 Whether the Bid Adjudication Committee and Municipal Manager lawfully deviated from the recommendation to award the tender to the highest scoring bidder.
  2. 2 Whether the reasons for awarding the tender to the fourth respondent were reasonable, justifiable, and properly recorded.
  3. 3 Whether relevant considerations were ignored or irrelevant considerations taken into account in the tender award process.

Ratio Decidendi

The court found that both the Bid Adjudication Committee and the Municipal Manager failed to comply with statutory and regulatory requirements by not awarding the tender to the applicant, who had achieved the highest score. The reasons advanced for deviating from the recommendation were either irrelevant, unfounded, or based on materially incorrect facts, and were not properly recorded as required. The absence of adequate information regarding the applicant's experience and capacity, due to deficiencies in the evaluation process, meant that the decision-makers did not have all relevant facts before them. Consequently, the decisions were not rationally connected to the information...

Court Disposition

Application for review granted; decisions of the Bid Adjudication Committee and Municipal Manager set aside and remitted for reconsideration.

Orders

  • The decisions of the Bid Adjudication Committee and Municipal Manager to award tender T0807 to the fourth respondent are reviewed and set aside.
  • The matter is remitted to the Bid Adjudication Committee and Municipal Manager for reconsideration de novo, with directions to supplement the evaluation report as indicated in the judgment.