HT Pelatona Projects (Pty) Ltd v Tswelopele Local Municipality and Others (A62/2022) [2022] ZAFSHC 254 (13 October 2022)
Court
Free State High Court, Bloemfontein
Case number
A62/2022
Judges
Mathebula, Molitsoane
The High Court dismissed a review of a municipal tender award, finding substantial compliance with procurement requirements and refusing to set aside the contract.
HT Pelatona Projects (Pty) Ltd v Tswelopele Local Municipality and Others (A62/2022) [2022] ZAFSHC 289 (13 October 2022)
Court
Free State High Court, Bloemfontein
Case number
A62/2022
Judges
Mathebula, Molitsoane
High Court review of a municipal tender award dismissed; the court found no material irregularity and refused to set aside the contract or substitute the applicant.
WDR Earthmoving Enterprises and Another v Joe Gqabi District Municipality and Others (392/2017) [2018] ZASCA 72 (30 May 2018)
Court
Supreme Court of Appeal
Case number
392/2017
Judges
Navsa, Swain, Davis, Pillay, Hughes
The Supreme Court of Appeal held that the requirement to submit three years of audited annual financial statements was a peremptory statutory obligation under the Municipal Supply Chain Management Regulations and the tender conditions. Both the appellants and the fourth respondent declared they were legally obliged to submit such statements but failed to do so. The municipality had no discretion to condone non-compliance with this requirement. The appellants' bid was correctly declared non-responsive, and their appeal on this point failed. However, the fourth respondent's bid was also non-res…
