Sanyathi Civil Engineering & Construction (Pty) Ltd and Another v eThekwini Municipality and Others, Group Five Contruction (Pty) Ltd v eThekwini Municipality and Others (KZP)
Sanyathi Civil Engineering & Construction (Pty) Ltd and Another v eThekwini Municipality and Others, Group Five Contruction (Pty) Ltd v eThekwini Municipality and Others (KZP) [2011] ZAKZPHC 45; 2012 (1) BCLR 45 (KZP); [2012] 1 All SA 200 (KZP) (24 October 2011)
The court found that eThekwini Municipality's tender process was fundamentally unlawful, as it was based on invalid regulations and a tender notice that conflicted with the mandatory requirements of the PPPFA. The allocation of only 70 points for price, instead of the statutorily required 90, rendered the process ultra vires and contaminated all subsequent decisions. The court rejected the respondents' argument that the irregularity was merely formal, holding that the defect was foundational and could not be cured by subsequent compliance or discretion. The conduct of eThekwini officials, inc…
Source excerpt
- Public Procurement
- Preferential Procurement Policy Framework Act
- Municipal Supply Chain Management
- Procedural Fairness
- Bias In Tender Awards
- Remedies Under Paja