VDZ Construction (Pty) Ltd v Makana Municipality and Others (1834/ 2011)
VDZ Construction (Pty) Ltd v Makana Municipality and Others (1834/ 2011) [2011] ZAECGHC 64 (3 November 2011)
The court found that the applicant's failure to submit an original of page 2 of the Municipal Billing Clearance Certificate was an inadvertent error in form, not substance. There was no evidence of fraud or malpractice. The first and second respondents failed to consider whether the error could be condoned without undermining the principles of fairness, transparency, competitiveness, and cost-effectiveness. The court held that the tender process was inconsistent with the requirements of PAJA and Section 217 of the Constitution, as relevant considerations were ignored and the process placed un…
Source excerpt
- Public Procurement
- Preferential Procurement Policy Framework Act
- Promotion Of Administrative Justice Act
- Tender Disqualification
- Municipal Billing Clearance Certificate
- Fairness In Tender Process