Renaissance Security & Cleaning Services CC v Rustenburg Local Municipality and Another (1140/07) [2007] ZANWHC 40 (10 August 2007)

Renaissance Security & Cleaning Services CC v Rustenburg Local Municipality and Another (1140/07) [2007] ZANWHC 40 (10 August 2007)

The court found that the applicant failed to establish a reasonable prospect of success in a review of the tender award. The Municipality's practice of confirming price validity after the 90-day period was logical and did not render the process irregular. The reference to a three-year contract was a mistake, which the Municipality could rectify with the second respondent's consent; the functus officio rule did not prevent this. The applicant's previous unsatisfactory performance, evidenced by multiple incidents and written complaints, justified rejection of its bid under clause 38(1)(d) of the SCM Policy. The Municipality was entitled to consider factors beyond the scoring system,...

Citation
[2007] ZANWHC 40
Parties
Applicant: Renaissance Security & Cleaning Services CC; Respondent: Rustenburg Local Municipality; Respondent: White Leopard Security Services CC
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
10 August 2007
Case Number
1140/07
Procedural Posture
Urgent Application / Application for Interim Interdict Pending Review
Outcome
Application dismissed with costs.
Judges
A A Landman
Legal Topics
Tender Review, Interim Interdict, Promotion of Administrative Justice Act, Supply Chain Management Policy
Administrative Law Civil Procedure Tender Review Interim Interdict Promotion of Administrative Justice Act Supply Chain Management Policy

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Renaissance Security & Cleaning Services CC

Applicant

Rustenburg Local Municipality

Respondent

White Leopard Security Services CC

Respondent

Procedural Posture

Urgent Application / Application for Interim Interdict Pending Review

Legal Issues

  1. 1 Whether the tender awarded to the second respondent was irregular due to expiry of the bid period.
  2. 2 Whether the contract duration awarded exceeded the advertised period and was ultra vires.
  3. 3 Whether the Municipality acted irregularly by awarding the tender to the second highest scorer despite the applicant's higher score.

Ratio Decidendi

The court found that the applicant failed to establish a reasonable prospect of success in a review of the tender award. The Municipality's practice of confirming price validity after the 90-day period was logical and did not render the process irregular. The reference to a three-year contract was a mistake, which the Municipality could rectify with the second respondent's consent; the functus officio rule did not prevent this. The applicant's previous unsatisfactory performance, evidenced by multiple incidents and written complaints, justified rejection of its bid under clause 38(1)(d) of the SCM Policy. The Municipality was entitled to consider factors beyond the scoring system,...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.