Matlafalang Trainning CC and Another v MEC: Free State, Department of Public Works and Another (5412/2008) [2008] ZAFSHC 136 (11 December 2008)

Matlafalang Trainning CC and Another v MEC: Free State, Department of Public Works and Another (5412/2008) [2008] ZAFSHC 136 (11 December 2008)

The court found that the applicants established a prima facie right to review the tender award, as they scored the highest points and no objective criteria were advanced to justify awarding the contract to another tenderer. The respondent's assertion that the applicants' tender was non-compliant did not throw serious doubt on the applicants' case, given the ambiguity in the scope of the program and the requirements. The court held that, absent interim relief, the contract would likely be executed before the review could be heard, resulting in irreparable harm and rendering the review academic. The balance of convenience favoured the applicants, and no suitable alternative remedy was...

Citation
[2008] ZAFSHC 136
Parties
Applicant: Matlafalang Training CC; Applicant: Learners International CC; Respondent: MEC: Free State Department of Public Works; Respondent: Katushya Security Services (Pty) Limited
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
11 December 2008
Case Number
5412/2008
Procedural Posture
Urgent Application / Interim Interdict Pending Review Application
Outcome
Interim interdict granted suspending execution of the contract pending review.
Judges
C.H.G. Van der Merwe
Legal Topics
Interim Interdict, Tender Review, Preferential Procurement Policy Framework Act, Administrative Action, Irreparable Harm
Administrative Law Civil Procedure Interim Interdict Tender Review Preferential Procurement Policy Framework Act Administrative Action Irreparable Harm

Case Brief

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Parties

Matlafalang Training CC

Applicant

Learners International CC

Applicant

MEC: Free State Department of Public Works

Respondent

Katushya Security Services (Pty) Limited

Respondent

Procedural Posture

Urgent Application / Interim Interdict Pending Review Application

Legal Issues

  1. 1 Whether the applicants are entitled to an interim interdict suspending execution of the contract pending review.
  2. 2 Whether the award of the tender complied with the Preferential Procurement Policy Framework Act and the Constitution.
  3. 3 Whether the applicants' tender was wrongly excluded from consideration.

Ratio Decidendi

The court found that the applicants established a prima facie right to review the tender award, as they scored the highest points and no objective criteria were advanced to justify awarding the contract to another tenderer. The respondent's assertion that the applicants' tender was non-compliant did not throw serious doubt on the applicants' case, given the ambiguity in the scope of the program and the requirements. The court held that, absent interim relief, the contract would likely be executed before the review could be heard, resulting in irreparable harm and rendering the review academic. The balance of convenience favoured the applicants, and no suitable alternative remedy was...

Court Disposition

Interim interdict granted suspending execution of the contract pending review.

Orders

  • The award and execution of the contract under proposal 19: Security training for 137 participants is suspended pending finalisation of the review application to be launched by the applicants.
  • The applicants are ordered to launch the review application within 30 days from the date of this order.