Monkwe Dietetics Services (PTY) Ltd and Others v MEC Department of Education and Another (4663/2021) [2022] ZALMPPHC 12 (22 February 2022)

Monkwe Dietetics Services (PTY) Ltd and Others v MEC Department of Education and Another (4663/2021) [2022] ZALMPPHC 12 (22 February 2022)

The court found that the Department of Education's decision to exclude the applicants from further evaluation and disqualify them under the delivery vehicles and financial capacity criteria was unlawful and procedurally unfair. The Department introduced requirements not stipulated in the bid documents, such as prohibiting the listing of vehicles also listed by other bidders and demanding original letters from financial institutions as a mandatory requirement for scoring. These actions amounted to a deliberate disregard of relevant information and a distortion of the requirements necessary for a fair and transparent procurement process. The Department's arguments regarding non-compliance...

Citation
[2022] ZALMPPHC 12
Parties
Applicant: Monkwe Dietetics Services (PTY) Ltd; Applicant: Alljoy Trading Enterprise (PTY) Ltd; Applicant: Ekperechi Trading Projects (PTY) Ltd; Respondent: MEC: Department of Education; Respondent: Successful Bidders
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
22 February 2022
Case Number
4663/2021
Procedural Posture
Review Application / Judgment
Outcome
Application granted; Department's decision reviewed and set aside; bids remitted for re-evaluation; costs awarded to applicants.
Judges
Mangena
Legal Topics
Promotion of Administrative Justice Act, Public Procurement, Bid Evaluation, Procedural Fairness, Joinder, Costs Award
Administrative Law Civil Procedure Promotion of Administrative Justice Act Public Procurement Bid Evaluation Procedural Fairness Joinder Costs Award

Case Brief

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Parties

Monkwe Dietetics Services (PTY) Ltd

Applicant

Alljoy Trading Enterprise (PTY) Ltd

Applicant

Ekperechi Trading Projects (PTY) Ltd

Applicant

MEC: Department of Education

Respondent

Successful Bidders

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the Department of Education's decision to exclude the applicants from further evaluation and disqualify them under functionality criteria was lawful and reviewable.
  2. 2 Whether non-compliance with Rule 41A of the Uniform Rules and alleged non-joinder of successful bidders warranted dismissal of the application.
  3. 3 Whether the Department's evaluation process was procedurally fair and in accordance with the bid requirements.

Ratio Decidendi

The court found that the Department of Education's decision to exclude the applicants from further evaluation and disqualify them under the delivery vehicles and financial capacity criteria was unlawful and procedurally unfair. The Department introduced requirements not stipulated in the bid documents, such as prohibiting the listing of vehicles also listed by other bidders and demanding original letters from financial institutions as a mandatory requirement for scoring. These actions amounted to a deliberate disregard of relevant information and a distortion of the requirements necessary for a fair and transparent procurement process. The Department's arguments regarding non-compliance...

Court Disposition

Application granted; Department's decision reviewed and set aside; bids remitted for re-evaluation; costs awarded to applicants.

Orders

  • The decision to exclude the applicants from further evaluation and disqualify them for allocation of points under delivery vehicles and financial capacity criteria under functionality is reviewed and set aside.
  • The applicants' bids under Bid NO LDE/B52/2019/20 are remitted back to the Department for re-evaluation and adjudication within 90 days from the date of this order.