Asla Construction (Pty) Ltd and Others v Minister of Human Settlement, Western Cape Government and Others (3159/2013)
Asla Construction (Pty) Ltd and Others v Minister of Human Settlement, Western Cape Government and Others (3159/2013) [2013] ZAWCHC 117 (20 June 2013)
The court found that while the Department erred in requiring an Agrément certificate where NHBRC approval had been provided, this did not constitute a material mistake of law or fact sufficient to render the decision unlawful. The tender specifications were ambiguous, but the Department's Bid Evaluation Committee considered the substantive compliance of the bids. Given the technical nature of the tender requirements and the expertise required, the court exercised judicial deference to the administrative decision-maker. The applicants failed to demonstrate that the Department's decisions were…
Source excerpt
- Tender Review
- Material Mistake Of Law
- Material Mistake Of Fact
- Judicial Deference
- Promotion Of Administrative Justice Act
- Public Procurement