The Constitutional Court held that SASSA must pay reasonable fees for RAiN’s further work under the April 2021 order and consider appointing RAiN under a deviation process.
D F S Flemingo SA (Pty) Ltd v Airports Company South Africa Ltd and Others (70057/2009) [2012] ZAGPPHC 66 (17 May 2012)
Court
North Gauteng High Court, Pretoria
Case number
70057/2009
Judge
Phatudi
The court found that the consideration of the unsolicited 12.5% additional rental offer by the successful bidder was not disclosed to other bidders and was outside the parameters of the ITB. This constituted an irrelevant consideration and rendered the process procedurally unfair and non-transparent, contrary to the requirements of section 217 of the Constitution and the Promotion of Administrative Justice Act. The court held that the tender award was improper and irregular, and that the decision to award the tender to the second respondent must be set aside. The applicant was entitled to cos…
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)
Court
Supreme Court of Appeal
Case number
189/06, 244/06
Judges
Scott, Cloete, Heher, Cachalia, Theron
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…
