Razzmatazz Civil (Pty) Ltd v Independent Development Trust and Others (4691/2017) [2018] ZAFSHC 50 (19 April 2018)

Razzmatazz Civil (Pty) Ltd v Independent Development Trust and Others (4691/2017) [2018] ZAFSHC 50 (19 April 2018)

The court found that the applicant had locus standi as an unsuccessful bidder whose bid was excluded for not meeting the functionality threshold, not for non-responsiveness. The tender evaluation process was conducted according to objective and pre-defined criteria, and all bidders were treated equally. The applicant failed to submit a mandatory bank rating confirmation, and the first respondent was not obliged to request missing documents or treat the applicant differently. The evaluation method was lawful, rational, and consistent with constitutional and statutory requirements. There were no exceptional circumstances justifying judicial substitution of the tender award. The application...

Citation
[2018] ZAFSHC 50
Parties
Applicant: Razzmatazz Civil (Pty) Ltd; Respondent: The Independent Development Trust; Respondent: The Minister: Government of the Republic of South Africa: Department of Public Works; Respondent: Reder Construction CC
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
19 April 2018
Case Number
4691/2017
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs, including costs of two counsel for the first respondent and costs for the third respondent.
Judges
Naidoo, Mathebula
Legal Topics
Public Procurement, Tender Review, Promotion of Administrative Justice Act, Locus Standi, Fairness in Administrative Action
Administrative Law Civil Procedure Public Procurement Tender Review Promotion of Administrative Justice Act Locus Standi Fairness in Administrative Action

Case Brief

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Parties

Razzmatazz Civil (Pty) Ltd

Applicant

The Independent Development Trust

Respondent

The Minister: Government of the Republic of South Africa: Department of Public Works

Respondent

Reder Construction CC

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the applicant had legal standing to seek review of the tender award.
  2. 2 Whether the tender evaluation process was fair, objective, and lawful.
  3. 3 Whether the applicant's bid was correctly excluded for failing to meet the functionality threshold.

Ratio Decidendi

The court found that the applicant had locus standi as an unsuccessful bidder whose bid was excluded for not meeting the functionality threshold, not for non-responsiveness. The tender evaluation process was conducted according to objective and pre-defined criteria, and all bidders were treated equally. The applicant failed to submit a mandatory bank rating confirmation, and the first respondent was not obliged to request missing documents or treat the applicant differently. The evaluation method was lawful, rational, and consistent with constitutional and statutory requirements. There were no exceptional circumstances justifying judicial substitution of the tender award. The application...

Court Disposition

Application dismissed with costs, including costs of two counsel for the first respondent and costs for the third respondent.

Orders

  • The application is dismissed.
  • The applicant is ordered to pay the costs of the first respondent inclusive of two counsel as well as costs of the third respondent.