Mamlambo Construction (Pty) Ltd v Amathole District Municipality and Another (EL 294/2020) [2020] ZAECELLC 9 (12 June 2020)

Mamlambo Construction (Pty) Ltd v Amathole District Municipality and Another (EL 294/2020) [2020] ZAECELLC 9 (12 June 2020)

The applicant established a prima facie right to interim relief, as the reasons for its disqualification from the tender were inconsistent and unsubstantiated. The first respondent's failure to provide documentation and reasons was due to its own recalcitrance, not any fault of the applicant. The applicant was entitled to rely on new matter in its replying affidavit, given the lack of information at the time of launching the application. The contradictions in the adjudication process and the qualifications of the applicant's site agent supported the applicant's prospects of success in review. The applicant was also entitled to the record of decision and an interdict restraining...

Citation
[2020] ZAECELLC 9
Parties
Applicant: Mamlambo Construction (Pty) Ltd; Respondent: Amathole District Municipality; Respondent: Norland Construction (Pty) Ltd
Court
Eastern Cape High Court, East London Local Court
Jurisdiction
South Africa
Judgment Date
12 June 2020
Case Number
EL 294/2020
Procedural Posture
Urgent Application / Interim Interdict Pending Review
Outcome
Application granted: record to be furnished, interim interdict granted, costs awarded on attorney and client scale including two counsel.
Judges
Griffiths
Legal Topics
Tender Review, Interim Interdict, Municipal Procurement, Prima Facie Right, Costs Award
Administrative Law Civil Procedure Tender Review Interim Interdict Municipal Procurement Prima Facie Right Costs Award

Case Brief

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Parties

Mamlambo Construction (Pty) Ltd

Applicant

Amathole District Municipality

Respondent

Norland Construction (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Interim Interdict Pending Review

Legal Issues

  1. 1 Whether the applicant has established a prima facie right to interim relief pending review of the tender award.
  2. 2 Whether the applicant is entitled to an order compelling provision of the record relating to the tender award.
  3. 3 Whether the applicant is entitled to an interdict restraining implementation of the tender pending review.

Ratio Decidendi

The applicant established a prima facie right to interim relief, as the reasons for its disqualification from the tender were inconsistent and unsubstantiated. The first respondent's failure to provide documentation and reasons was due to its own recalcitrance, not any fault of the applicant. The applicant was entitled to rely on new matter in its replying affidavit, given the lack of information at the time of launching the application. The contradictions in the adjudication process and the qualifications of the applicant's site agent supported the applicant's prospects of success in review. The applicant was also entitled to the record of decision and an interdict restraining...

Court Disposition

Application granted: record to be furnished, interim interdict granted, costs awarded on attorney and client scale including two counsel.

Orders

  • The first respondent must, within 10 days, furnish the applicant with the full record pertaining to its decision to award the tender, including specified documents.
  • The first and second respondents are interdicted and restrained from taking any further steps in the implementation of the tender pending the outcome of review proceedings to be instituted by the applicant within 10 days.