Jodan Construction (Pty) Ltd v Premier of the Northern Cape and Others (898/2016) [2016] ZANCHC 72 (19 December 2016)

Jodan Construction (Pty) Ltd v Premier of the Northern Cape and Others (898/2016) [2016] ZANCHC 72 (19 December 2016)

The court found that the committees responsible for evaluating the applicant's tender disregarded the qualifying word 'related' in the requirement to disclose interests in other companies, rendering their decision arbitrary and reviewable under the Promotion of Administrative Justice Act. However, the applicant failed to provide sufficient evidence regarding the nature of the other companies in which its directors held interests, making it impossible for the court to independently verify whether the tender was in fact responsive. Furthermore, the applicant did not demonstrate why it would be just and equitable to set aside the award to the third respondent, given the significant financial...

Citation
[2016] ZANCHC 72
Parties
Applicant: Jodan Construction (Pty) Ltd; Respondent: Premier Northern Cape Province; Respondent: Member of the Executive Council for the Northern Cape Department of Roads and Public Works; Respondent: Down Touch Investments (Pty) Ltd
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
19 December 2016
Case Number
898/2016
Procedural Posture
Review Application / Judgment on Review Application After Interim Interdict
Outcome
Application for review and declaratory relief dismissed. Costs awarded as specified.
Judges
Olivier J, Mamosebo J
Legal Topics
Tender Review, Promotion of Administrative Justice Act, Interpretation of Procurement Documents, Just and Equitable Remedy, Declaratory Relief, Costs Award
Administrative Law Civil Procedure Commercial and Corporate Tender Review Promotion of Administrative Justice Act Interpretation of Procurement Documents Just and Equitable Remedy Declaratory Relief +1 more

Case Brief

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Parties

Jodan Construction (Pty) Ltd

Applicant

Premier Northern Cape Province

Respondent

Member of the Executive Council for the Northern Cape Department of Roads and Public Works

Respondent

Down Touch Investments (Pty) Ltd

Respondent

Procedural Posture

Review Application / Judgment on Review Application After Interim Interdict

Legal Issues

  1. 1 Whether the disqualification of the applicant's tender as non-responsive was lawful and rational.
  2. 2 Whether the committees correctly interpreted the requirement to disclose interests in 'related' companies.
  3. 3 Whether the award of the tender to the third respondent should be set aside as just and equitable.

Ratio Decidendi

The court found that the committees responsible for evaluating the applicant's tender disregarded the qualifying word 'related' in the requirement to disclose interests in other companies, rendering their decision arbitrary and reviewable under the Promotion of Administrative Justice Act. However, the applicant failed to provide sufficient evidence regarding the nature of the other companies in which its directors held interests, making it impossible for the court to independently verify whether the tender was in fact responsive. Furthermore, the applicant did not demonstrate why it would be just and equitable to set aside the award to the third respondent, given the significant financial...

Court Disposition

Application for review and declaratory relief dismissed. Costs awarded as specified.

Orders

  • The application for the relief set out in paragraphs 4, 4A and 4B of the amended notice of motion is dismissed.
  • The applicant and the second respondent are ordered to pay the third respondent’s costs in the application, including the costs of 19 May 2016, jointly and severally, the one to pay the other to be absolved pro tanto.