Esorfranki Pipelines (Pty) Ltd and Another v Mopani District Municipality and Others (40/13)
Esorfranki Pipelines (Pty) Ltd and Another v Mopani District Municipality and Others (40/13) [2014] ZASCA 21; [2014] 2 All SA 493 (SCA) (28 March 2014)
The Supreme Court of Appeal found that the tender process conducted by the Mopani District Municipality was unlawful due to non-compliance with bid specifications, fraudulent misrepresentations, and fronting by the joint venture. The municipality acted with bias and failed to ensure a fair process. The contract concluded pursuant to the unlawful award was declared void ab initio. The court held that a just and equitable remedy under PAJA required setting aside the contract and ordering the Department of Water Affairs to oversee remedial work and completion of the project through a new tender…
Source excerpt
- Promotion Of Administrative Justice Act
- Public Procurement
- Fronting And Fraud
- Review Of Tender Award
- Costs Award
- Constitutional Principle Of Legality