Sizabonke Civils CC t/a Pilcon Projects v Zululand District Municipality and Others (2011 (4) SA 406 (KZP))
Sizabonke Civils CC t/a Pilcon Projects v Zululand District Municipality and Others (2011 (4) SA 406 (KZP)) [2010] ZAKZPHC 23; 10878/2009 (12 March 2010)
The court found that the tender process adopted by the first respondent was inconsistent with section 2(1)(b) of the Preferential Procurement Policy Framework Act, as it allocated less than the required minimum of 90 points for price by including functionality within those points. The impugned regulations, which permitted such inclusion, were held to be ultra vires and invalid as they conflicted with the statutory framework. The applicant was found to have locus standi, as it had a direct and substantial interest in the relief sought, both as a participant in the tender and as a future tender…
Source excerpt
- Preferential Procurement Policy Framework Act
- Ultra Vires
- Legality Review
- Municipal Tender Process
- Regulation Invalidity
- Locus Standi