Raubex Joint Venture and Others v MEC, Department of Public Works, Roads and Transport, Mpumalanga (76485/15) [2015] ZAGPPHC 790 (18 November 2015)

Raubex Joint Venture and Others v MEC, Department of Public Works, Roads and Transport, Mpumalanga (76485/15) [2015] ZAGPPHC 790 (18 November 2015)

The court found that the applicants were properly disqualified on functionality grounds, having failed to achieve the minimum score required by the tender documents and regulations. The evaluation criteria, including locality, were clearly specified and objectively applied. The applicants had agreed to be bound by the terms and conditions of the tender and did not challenge these until after their unsuccessful bid. The court held that the process complied with the Preferential Procurement Policy Framework Act and relevant regulations, and that no procedural unfairness or irrationality was established. The application was dismissed with costs.

Citation
[2015] ZAGPPHC 790
Parties
Applicant: Raubex Joint Venture; Applicant: Raubex Building (Pty) Ltd; Applicant: Raubex Construction (Pty) Ltd; Respondent: MEC, Department of Public Works, Roads and Transport, Mpumalanga Province; Respondent: Head of the Department of Public Works, Roads and Transport, Mpumalanga; Respondent: Clear Choice Builders (Pty) Ltd; Respondent: C PRO JV KJM Business Enterprise; Respondent: Base Major Construction (Pty) Ltd; Respondent: Stefanutti Stocks (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
18 November 2015
Case Number
76485/15
Procedural Posture
Urgent Application / Judgment on Urgent Review Application
Outcome
Application dismissed with costs, including costs of two counsel.
Judges
P.M. Mabuse
Legal Topics
Public Procurement, Tender Review, Preferential Procurement Policy Framework Act, Functionality Criteria, Procedural Fairness
Administrative Law Civil Procedure Public Procurement Tender Review Preferential Procurement Policy Framework Act Functionality Criteria Procedural Fairness

Case Brief

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Parties

Raubex Joint Venture

Applicant

Raubex Building (Pty) Ltd

Applicant

Raubex Construction (Pty) Ltd

Applicant

MEC, Department of Public Works, Roads and Transport, Mpumalanga Province

Respondent

Head of the Department of Public Works, Roads and Transport, Mpumalanga

Respondent

Clear Choice Builders (Pty) Ltd

Respondent

C PRO JV KJM Business Enterprise

Respondent

Base Major Construction (Pty) Ltd

Respondent

Stefanutti Stocks (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Judgment on Urgent Review Application

Legal Issues

  1. 1 Whether the decision to award the tender to the third respondent was lawful and rational.
  2. 2 Whether the applicants were properly disqualified on functionality grounds.
  3. 3 Whether the inclusion and application of locality as a functionality criterion was lawful and objective.

Ratio Decidendi

The court found that the applicants were properly disqualified on functionality grounds, having failed to achieve the minimum score required by the tender documents and regulations. The evaluation criteria, including locality, were clearly specified and objectively applied. The applicants had agreed to be bound by the terms and conditions of the tender and did not challenge these until after their unsuccessful bid. The court held that the process complied with the Preferential Procurement Policy Framework Act and relevant regulations, and that no procedural unfairness or irrationality was established. The application was dismissed with costs.

Court Disposition

Application dismissed with costs, including costs of two counsel.

Orders

  • The application is dismissed with costs, including costs consequent upon the employment of two counsel.