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South Africa decisions
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Fumana Thuto Consulting v Eskom Holdings (22/18028) [2023] ZAGPJHC 243 (16 March 2023)
The High Court reviewed and set aside Eskom’s disqualification of Fumana Thuto Consulting from two tenders because the relied-on financial criteria were not in the tender documents.
Eskom Holdings SOC Limited v McKinsey and Company Africa (Pty) Ltd and Others (22877/2018) [2019] ZAGPPHC 185 (18 June 2019)
The court found that the contracts between Eskom and McKinsey, and the subsequent payments to McKinsey and Trillian, were unlawful and invalid, having been concluded without any open and competitive tender process, in breach of section 217(1) of the Constitution, the PFMA, and Eskom's procurement policies. Trillian was paid substantial sums without any contractual or legal basis, facilitated by corrupt dealings between Eskom officials and Trillian representatives. The evidence presented by Eskom, though partly hearsay, was reliable and admitted in the interests of justice, as Trillian had no…
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Raubex Construction (Pty) Ltd v Road Agency Limpopo SOC and Another (4460/2017) [2018] ZALMPPHC 1 (18 January 2018)
The court found that the tender process lapsed when the validity period expired without an award, and that the subsequent attempt to extend the validity period after expiry was unlawful and contrary to the requirements of fairness, transparency, and competitiveness under section 217(1) of the Constitution. The process followed by the first respondent in awarding the tender to the second respondent was flawed, as it excluded tenderers who did not consent to the extension and failed to comply with the constitutional and legislative procurement framework. The award of the tender was therefore in…
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Buffalo City Metropolitan Municipality v Asla Construction (Pty) Ltd (5668/2015, 5246/2015) [2016] ZAECGHC 55; [2016] 4 All SA 60 (ECG) (29 July 2016)
The court found that the award of the Reeston contract to the respondent was invalid as it was not preceded by a competitive tender process, in contravention of section 217 of the Constitution and procurement legislation. The turnkey contract did not legitimately encompass the Reeston contract, and the argument that the Reeston contract was a valid extension was unsustainable. The applicant was granted condonation for the delay in bringing the review application, as the breach of constitutional procurement requirements was serious and public interest demanded that unlawful contracts not be en…
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Tiger Equity One (Pty) Ltd and Another v Competition Commission (019174) [2014] ZACT 91 (24 July 2014)
The Competition Tribunal set aside the Competition Commission’s Notice CC 13(2), finding it was not issued in compliance with the Competition Act.
Ninham Shand (Pty) Limted v Municipal Manager City of Matlosana and Others (25911/2007) [2008] ZAGPHC 113 (25 April 2008)
A tender review failed because by the time judgment was delivered, the project was already completed or near completion, making the requested relief moot.
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