Viva Engineering Projects CC and Another v Minister of Water Affairs and Others (64340/13)
Viva Engineering Projects CC and Another v Minister of Water Affairs and Others (64340/13) [2015] ZAGPPHC 443 (5 June 2015)
The court found that the second applicant, being a non-existent joint venture, lacked locus standi and could not assert constitutional rights. The court held that a bidder disqualified in the first phase of a phased evaluation bidding process does not have standing to challenge decisions made in subsequent phases, as such interests are not real but hypothetical or academic. The court further determined that the terms of SDB9 were reasonable and necessary to prevent bid rigging, and there was no reasonable prospect that another court would find them unreasonable, immaterial, or unconstitutiona…
Source excerpt
- Locus Standi
- Phased Evaluation Bidding
- Bid Rigging
- Leave To Appeal
- Constitutional Own Interest Standing