Special Investigating Unit v Vigario Consulting (Pty) Ltd and Others (MP07/2023) [2023] ZAST 11 (13 October 2023)

Special Investigating Unit v Vigario Consulting (Pty) Ltd and Others (MP07/2023) [2023] ZAST 11 (13 October 2023)

The Tribunal found that the SIU failed to make out a case for the legality review. The procurement of PPE by the Department of Health, Mpumalanga, was conducted under an approved deviation consistent with Treasury regulations and instructions applicable during the Covid-19 emergency. The SIU did not establish that the procurement failed to comply with the requirements of TNI 3/2020/21, nor did it show that the prices exceeded prescribed maximums or that Vigario was not properly registered. The SIU also failed to properly investigate and disclose relevant documents, and its case was not substantiated in the founding affidavit. The Tribunal concluded that the procurement was not irregular...

Citation
[2023] ZAST 11
Parties
Applicant: Special Investigating Unit; Respondent: Vigario Consulting (Pty) Ltd; Respondent: Safarmex Medical Logistics (Pty) Ltd; Respondent: Department Of Health, Mpumalanga
Court
Special Tribunal
Jurisdiction
South Africa
Judgment Date
13 October 2023
Case Number
MP07/2023
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs on the attorney and client scale, including costs of two counsel where employed.
Judges
L T Modiba
Legal Topics
Legality Review, Public Procurement, Emergency Procurement, Deviation From Procurement Policy, Costs Order
Administrative Law Civil Procedure Legality Review Public Procurement Emergency Procurement Deviation From Procurement Policy Costs Order

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Parties

Special Investigating Unit

Applicant

Vigario Consulting (Pty) Ltd

Respondent

Safarmex Medical Logistics (Pty) Ltd

Respondent

Department Of Health, Mpumalanga

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the Mpumalanga Department of Health complied with applicable procurement laws and regulations when procuring PPE from Vigario Consulting.
  2. 2 Whether the deviation from standard procurement procedures was lawful under Treasury regulations and instructions.
  3. 3 Whether the SIU made out a case for a legality review and the setting aside of the contract.

Ratio Decidendi

The Tribunal found that the SIU failed to make out a case for the legality review. The procurement of PPE by the Department of Health, Mpumalanga, was conducted under an approved deviation consistent with Treasury regulations and instructions applicable during the Covid-19 emergency. The SIU did not establish that the procurement failed to comply with the requirements of TNI 3/2020/21, nor did it show that the prices exceeded prescribed maximums or that Vigario was not properly registered. The SIU also failed to properly investigate and disclose relevant documents, and its case was not substantiated in the founding affidavit. The Tribunal concluded that the procurement was not irregular...

Court Disposition

Application dismissed with costs on the attorney and client scale, including costs of two counsel where employed.

Orders

  • The application is dismissed with costs on the attorney and client scale, inclusive of the costs of two counsel where so employed.