Minister of Social Development and Others v Phoenix Cash & Carry Pmb CC (189/06, 244/06)
Minister of Social Development and Others v Phoenix Cash & Carry Pmb CC (189/06, 244/06) [2007] ZASCA 26; [2007] 3 All SA 115 (SCA); 2007 (9) BCLR 982 (SCA) (27 March 2007)
The Supreme Court of Appeal held that the Department's tender process was flawed due to undue reliance on formality and vagueness in the bid conditions, particularly clause 17.10. The process failed to properly evaluate Phoenix's bid, which was manifestly superior in price and supported by sufficient evidence of financial resources. The technical committee treated each item of evidence as peremptory and excluded other reasonable means of proof, contrary to the intention of the tender conditions and the principles of fairness, competitiveness, and cost-effectiveness required by section 217 of…
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- Public Procurement
- Preferential Procurement Policy Framework Act
- Procedural Fairness
- Bid Conditions
- Judicial Review
- Constitutional Principles