Tecmed (Pty) Ltd v Eastern Cape Provincial Tender Board and Others (451/98) [2000] ZASCA 54; 2001 (3) SA 735 (SCA) (29 September 2000)

Tecmed (Pty) Ltd v Eastern Cape Provincial Tender Board and Others (451/98) [2000] ZASCA 54; 2001 (3) SA 735 (SCA) (29 September 2000)

The Supreme Court of Appeal held that Tecmed did not comply with the tender submission deadline and that the Board failed to exercise its discretion regarding the late tender due to a misconception by its representative. Philips was not at fault and was entitled to have the award to Tecmed set aside. The ancillary orders referring the matter back to the Board and awarding costs were appropriate, except for the order restraining consideration of Tecmed's tender, which had become academic. Tecmed's arguments regarding the lapse of tenders and the Board's discretion were inconsistent and did not justify overturning the main order. The appeal was dismissed with costs.

Citation
[2000] ZASCA 54
Parties
Appellant: Tecmed (Pty) Ltd; Respondent: Eastern Cape Provincial Tender Board; Respondent: Eastern Cape Provincial Government; Respondent: Eastern Cape Provincial Department of Finance; Respondent: S A Philips (Proprietary) Limited
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
29 September 2000
Case Number
451/98
Procedural Posture
Civil Appeal / Appeal From the Eastern Cape High Court
Outcome
Appeal dismissed with costs.
Judges
Smalberger, Vivier, Olivier, Scott, Mpati
Legal Topics
Public Procurement, Late Tender Submission, Exercise of Discretion, Judicial Review
Administrative Law Civil Procedure Public Procurement Late Tender Submission Exercise of Discretion Judicial Review

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 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Tecmed (Pty) Ltd

Appellant

Eastern Cape Provincial Tender Board

Respondent

Eastern Cape Provincial Government

Respondent

Eastern Cape Provincial Department of Finance

Respondent

S A Philips (Proprietary) Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From the Eastern Cape High Court

Legal Issues

  1. 1 Whether the Board was entitled to consider Tecmed's late tender.
  2. 2 Whether the Board properly exercised its discretion under Regulation 7(6)(d).
  3. 3 Whether Philips was entitled to have the award to Tecmed set aside.

Ratio Decidendi

The Supreme Court of Appeal held that Tecmed did not comply with the tender submission deadline and that the Board failed to exercise its discretion regarding the late tender due to a misconception by its representative. Philips was not at fault and was entitled to have the award to Tecmed set aside. The ancillary orders referring the matter back to the Board and awarding costs were appropriate, except for the order restraining consideration of Tecmed's tender, which had become academic. Tecmed's arguments regarding the lapse of tenders and the Board's discretion were inconsistent and did not justify overturning the main order. The appeal was dismissed with costs.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.
  • The matter is referred back to the First Respondent to consider afresh tenders submitted in respect of the tender.