Maximum Profit Recovery (Pty) Ltd v Bela-Bela Local Municipality and Others (8965/2022)
Maximum Profit Recovery (Pty) Ltd v Bela-Bela Local Municipality and Others (8965/2022) [2023] ZALMPPHC 41 (11 April 2023)
The court found that the tender process was unlawful on three main grounds: (1) the tenders were not opened in public, violating mandatory requirements and undermining transparency as required by Section 217 of the Constitution and PAJA; (2) the functionality criterion requiring a chartered accountant was irrational and irrelevant to the purpose of the tender, as previously held in similar cases; and (3) there was no evidence that the Fifth Respondent was tax compliant at the time of the award, which was a compulsory requirement. The court rejected the Respondents' preliminary defences, findi…
Source excerpt
- Municipal Tender Review
- Promotion Of Administrative Justice Act
- Constitutional Invalidity
- Public Procurement
- Tax Compliance
- Irrational Tender Criteria