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Administrative Law [2024] ZASCA 63

Eskom Holdings SOC Limited v Babcock Ntuthuko Engineering (137/2023, 156/2023 and 148/2023)

Eskom Holdings SOC Limited v Babcock Ntuthuko Engineering (137/2023, 156/2023 and 148/2023) [2024] ZASCA 63 (29 April 2024)

The Supreme Court of Appeal held that the RFP unambiguously required submission of a valid ISO 3834 certificate as a mandatory returnable, and this was clarified at the tender clarification meeting attended by all bidders, including Babcock. Babcock's failure to submit the certificate by the deadline constituted material non-compliance with a peremptory requirement, and Eskom had no discretion to condone such non-compliance. The court distinguished this case from precedents where non-compliance was trivial or minor, finding that the ISO certificate was essential to ensure bidders' qualificati…

  • Public Procurement
  • Preferential Procurement Policy Framework Act
  • Mandatory Tender Requirements
  • Substantial Compliance
  • Tender Disqualification
  • Splitting Of Tenders
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