Metro Projects CC and Another v Klerksdorp Local Municipality and Others (602/2002)
Metro Projects CC and Another v Klerksdorp Local Municipality and Others (602/2002) [2003] ZASCA 91; [2004] 1 All SA 504 (SCA); 2004 (1) SA 16 (SCA) (22 September 2003)
The Supreme Court of Appeal found that the tender process was fundamentally unfair. A municipal official allowed the ninth respondent to augment its tender after the closing date and concealed this from the decision-making committee. The committee was misled into believing that the augmented offer was the original tender. This deception undermined the fairness and transparency required by law and prejudiced all other tenderers. The court held that the process lost its essential attribute of fairness, as mandated by the Local Government Transition Act and the Promotion of Administrative Justic…
Source excerpt
- Fair Tender Procedure
- Promotion Of Administrative Justice Act
- Preferential Procurement Policy Framework Act
- Local Government Transition Act
- Municipal Tender Award
- Procedural Fairness