Waco Africa (PTY) Limited t/a SGB-Cape v Eskom SOC Limited and Others; TMS Group Industrial Service (PTY) Limited v Eskom SOC Limited and Others; Southey Contracting (PTY) Limited v Eskom SOC Limited and Others (5798/2021; 290/2022; 3047/2022)
Waco Africa (PTY) Limited t/a SGB-Cape v Eskom SOC Limited and Others; TMS Group Industrial Service (PTY) Limited v Eskom SOC Limited and Others; Southey Contracting (PTY) Limited v Eskom SOC Limited and Others (5798/2021; 290/2022; 3047/2022) [2022] ZAGPJHC 631 (2 September 2022)
The court found that Eskom's procurement process and the subsequent award of the tender complied with the constitutional and legislative framework governing public procurement. The ITT expressly authorised the cluster allocation strategy, and awarding contracts to multiple bidders did not contravene the PPPFA or the Constitution. Functionality and capacity were properly assessed through objective criteria and site inspections. The PPPFA regulations were valid at the relevant time due to the suspension of the declaration of invalidity. The tender validity period was authorised and did not prej…
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- Promotion Of Administrative Justice Act
- Public Procurement
- Preferential Procurement Policy Framework Act
- Construction Industry Development Board
- Judicial Review
- Tender Allocation