Special Investigating Unit and Another v Duneco CC and Others (WC/05/22)
Special Investigating Unit and Another v Duneco CC and Others (WC/05/22) [2023] ZAST 9 (23 June 2023)
The Tribunal found that the procurement process for PPEs by the Matzikama Local Municipality was fundamentally flawed and did not comply with the Municipality's Supply Chain Management policy, MFMA Circular 100, or statutory requirements. The transaction with Duneco CC was an unsolicited bid, not subjected to a competitive process, and was facilitated through collusion between municipal officials and the supplier. The delay in instituting the legality review was not unreasonable given the investigative challenges and pandemic context; even if unreasonable, it was condoned in the interests of…
Source excerpt
- Municipal Procurement
- Irregular Expenditure
- Doctrine Of Legality
- Just And Equitable Relief
- Section 32 Mfma
- Covid19 Emergency Procurement