Mamlambo Construction (Pty) Ltd v Amathole District Municipality and Another (EL 294/2020) [2020] ZAECELLC 12 (12 June 2020)

Mamlambo Construction (Pty) Ltd v Amathole District Municipality and Another (EL 294/2020) [2020] ZAECELLC 12 (12 June 2020)

The court found that the applicant was entitled to the record of decision as conceded by the first respondent. The applicant had established a prima facie right to interim relief pending review, based on contradictions in the reasons for disqualification and the qualifications and experience of its proposed site agent. The lack of information was due to the first respondent's failure to provide documentation, not any fault of the applicant. The court exercised its discretion to consider new matter raised in the replying affidavit, given the circumstances. The applicant's disqualification appeared spurious, especially as its tender was the lowest and the adjudication process raised...

Citation
[2020] ZAECELLC 12
Parties
Applicant: Mamlambo Construction (Pty) Ltd; Respondent: Amathole District Municipality; Respondent: Norland Construction (Pty) Ltd
Court
Eastern Cape High Court, East London Local Court
Jurisdiction
South Africa
Judgment Date
12 June 2020
Case Number
EL 294/2020
Procedural Posture
Urgent Application / Application for Interim Interdict and Record Disclosure Pending Review
Outcome
Application granted: record disclosure and interim interdict pending review; costs awarded on attorney and client scale including two counsel.
Judges
R E Griffiths
Legal Topics
Tender Review, Interim Interdict, Municipal Procurement, Prima Facie Right, Costs Award
Administrative Law Civil Procedure Tender Review Interim Interdict Municipal Procurement Prima Facie Right Costs Award

Case Brief

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Parties

Mamlambo Construction (Pty) Ltd

Applicant

Amathole District Municipality

Respondent

Norland Construction (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Application for Interim Interdict and Record Disclosure Pending Review

Legal Issues

  1. 1 Whether the applicant is entitled to the record of decision relating to the tender award.
  2. 2 Whether the applicant has established a prima facie right to interim interdict pending review.
  3. 3 Whether new matter raised in the replying affidavit should be considered.

Ratio Decidendi

The court found that the applicant was entitled to the record of decision as conceded by the first respondent. The applicant had established a prima facie right to interim relief pending review, based on contradictions in the reasons for disqualification and the qualifications and experience of its proposed site agent. The lack of information was due to the first respondent's failure to provide documentation, not any fault of the applicant. The court exercised its discretion to consider new matter raised in the replying affidavit, given the circumstances. The applicant's disqualification appeared spurious, especially as its tender was the lowest and the adjudication process raised...

Court Disposition

Application granted: record disclosure and interim interdict pending review; costs awarded on attorney and client scale including two counsel.

Orders

  • The first respondent must, within 10 days, furnish the applicant with the full record pertaining to its decision to award the tender, including specified documents.
  • The first and second respondents are interdicted and restrained from taking any further steps in the implementation of the tender pending the outcome of review proceedings to be instituted by the applicant within 10 days.