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South Africa Case Law

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Administrative Law [2021] ZAECPEHC 41

Halifax Group (Pty) Ltd v Mandela Bay Development Agency (1998/2021)

Halifax Group (Pty) Ltd v Mandela Bay Development Agency (1998/2021) [2021] ZAECPEHC 41 (12 August 2021)

Court
Eastern Cape High Court, Port Elizabeth
Case number
1998/2021
Judge
Govindjee

The applicant failed to comply with the material requirements of the tender by not amending the bills of quantities as stipulated in the addenda, resulting in a material deviation that rendered its bid non-responsive under the Preferential Procurement Policy Framework Act and the CIDB Standard. The Bid Evaluation Committee was entitled to disqualify the bid at stage 3, and the timing of the disqualification did not prejudice the applicant's rights. The deviation was not trivial or minor, but affected the scope, quality, and performance of the works. The applicant's prospects of success in the…

Source excerpt

  • Public Procurement
  • Interim Interdict
  • Bid Responsiveness
  • Preferential Procurement Policy Framework Act
  • Material Deviation
  • Judicial Review
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Administrative Law [2016] ZAGPPHC 1114

B Braun Medical (Pty) Ltd v Director General: National Treasury and Others (73363/2015)

B Braun Medical (Pty) Ltd v Director General: National Treasury and Others (73363/2015) [2016] ZAGPPHC 1114 (3 November 2016)

Court
North Gauteng High Court, Pretoria
Case number
73363/2015
Judge
Thobane

The court found that the tender specifications expressly required IV catheters to have US, FDA approval for use on humans. The second and third respondents did not provide US, FDA certification, but only CE certification, which did not meet the specific requirement. The deviation from the bid specifications was material, as it disadvantaged other tenderers, particularly the applicant, and resulted in an unfair evaluation process. The awarding of the tender to the second and third respondents was therefore invalid and had to be set aside. The court emphasized that fairness, transparency, and e…

Source excerpt

  • Promotion Of Administrative Justice Act
  • Public Procurement
  • Tender Specifications
  • Fairness In Tender Process
  • Material Deviation
  • Preferential Procurement Policy Framework Act
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.