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South Africa decisions
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Cochrane Projects (Pty) Ltd v Kouga Local Municipality and Another (1962/2018) [2019] ZAECGHC 54 (7 May 2019)
A tender review failed after the court held the bid was non-responsive for not complying with clause F.2.12 and that the PAJA review was out of time.
Zikhulise Cleaning Maintenance and Transport CC v The Chairman: Investigating Committee of the Construction Industry Development and Others (61574/14) [2017] ZAGPPHC 1108 (8 November 2017)
The court held that the Construction Industry Development Board (CIDB) is empowered by statute to regulate all participants in construction-related procurement, irrespective of their registration status. The Act, Regulations, and Code of Conduct make no distinction between registered and unregistered contractors regarding the applicability of the code. Regulation 27A explicitly extends the code's application to all participants from application for registration through to project completion and beyond. The court found that the CIDB's jurisdiction is not limited to periods of registration and…
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Group Ywo Trading Enterprise CC v Construction Industry Development Board (44681/08) [2009] ZAGPPHC 124 (5 August 2009)
The court held that the respondent was not entitled to impose both a fine and a suspension simultaneously under Regulation 29(20), as the regulation intended a choice between the two sanctions. The use of 'or' in the regulation was interpreted as providing alternatives, not cumulative powers. The extension of the sanction to other entities and persons was found to be unreasonable and unwarranted, as companies and close corporations are distinct legal entities from their members or directors. The court concluded that while the finding of guilt was not challenged, the punishment imposed was ult…
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