Down Touch Investments (Pty) Ltd and Another v MEC: Provincial Government of the Gauteng Province: Department of Roads and Transport (2096/2022)
Down Touch Investments (Pty) Ltd and Another v MEC: Provincial Government of the Gauteng Province: Department of Roads and Transport (2096/2022) [2022] ZAGPJHC 65 (7 February 2022)
The court found that the Department's disqualification of the Consortium's bid was unlawful as it was based on an unsubstantiated suspicion of collusion, without affording the Consortium an opportunity to make representations as required by procurement regulations. The Department's attempt to introduce a new ground for disqualification (non-certification of the B-BBEE certificate) at a late stage was impermissible, as administrative fairness requires that only the reasons originally provided be considered. The court distinguished the OUTA decision, noting that the present matter involved admi…
Source excerpt
- Tender Disqualification
- Collusive Trading
- B Bbee Certificate Requirement
- Interim Interdict
- Procurement Regulations
- Just Administrative Action