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Cochrane Projects (Pty) Ltd v Kouga Local Municipality and Another (1962/2018) [2019] ZAECGHC 54 (7 May 2019)
A tender review failed after the court held the bid was non-responsive for not complying with clause F.2.12 and that the PAJA review was out of time.
WDR Earthmoving Enterprises and Another v Joe Gqabi District Municipality and Others (392/2017) [2018] ZASCA 72 (30 May 2018)
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…
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