Sonasethu General Engineering Services CC v Ntinga O.R Tambo Development Agency Soc.Ltd (448/2019) [2019] ZAECMHC 46 (15 August 2019)

Sonasethu General Engineering Services CC v Ntinga O.R Tambo Development Agency Soc.Ltd (448/2019) [2019] ZAECMHC 46 (15 August 2019)

The applicant failed to demonstrate compliance with the statutory and regulatory requirements for meat inspection and classification services at the time of tender submission and thereafter. The necessary certificates and proof of qualified personnel were not provided, either with the bid or in subsequent correspondence. The applicant's assignee status was not substantiated, and the assignment letter did not refer to the applicant. The respondent was entitled and obliged to investigate compliance and cancel the contract upon discovering non-compliance. The contract awarded to the applicant was invalid due to material non-compliance with the Meat Safety Act, regulations, and bid...

Citation
[2019] ZAECMHC 46
Parties
Applicant: Sonasethu General Engineering Services CC; Respondent: Ntinga O.R. Tambo Development Agency SOC Ltd
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
15 August 2019
Case Number
448/2019
Procedural Posture
Review Application / Final Judgment on Merits
Outcome
Application dismissed with costs.
Judges
Jolwana
Legal Topics
Public Procurement, Meat Safety Act Compliance, Preferential Procurement Policy Framework Act, Tender Specification Noncompliance, Contract Invalidity
Administrative Law Commercial and Corporate Public Procurement Meat Safety Act Compliance Preferential Procurement Policy Framework Act Tender Specification Noncompliance Contract Invalidity

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 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Sonasethu General Engineering Services CC

Applicant

Ntinga O.R. Tambo Development Agency SOC Ltd

Respondent

Procedural Posture

Review Application / Final Judgment on Merits

Legal Issues

  1. 1 Whether the applicant complied with statutory and regulatory requirements for meat inspection and classification services at the time of tender submission.
  2. 2 Whether the respondent lawfully cancelled the contract awarded to the applicant for non-compliance with bid specifications and statutory requirements.
  3. 3 Whether the contract awarded to the applicant is valid in light of non-compliance with the Meat Safety Act and related regulations.

Ratio Decidendi

The applicant failed to demonstrate compliance with the statutory and regulatory requirements for meat inspection and classification services at the time of tender submission and thereafter. The necessary certificates and proof of qualified personnel were not provided, either with the bid or in subsequent correspondence. The applicant's assignee status was not substantiated, and the assignment letter did not refer to the applicant. The respondent was entitled and obliged to investigate compliance and cancel the contract upon discovering non-compliance. The contract awarded to the applicant was invalid due to material non-compliance with the Meat Safety Act, regulations, and bid...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed.
  • The applicant is ordered to pay the costs of this application, including costs of the hearings on 14 February 2019 and 21 February 2019.