Lethabulumko Group (Pty) Ltd v Gauteng Department of Education (28952/2020)
Lethabulumko Group (Pty) Ltd v Gauteng Department of Education (28952/2020) [2023] ZAGPJHC 415 (3 May 2023)
The court held that the applicant's failure to submit a certified copy of the Certificate of Acceptance (COA) as required by the tender's mandatory requirements constituted valid grounds for disqualification. The subsequent inspection of the original COA by respondent officials did not cure the procedural defect, as the tender process required strict compliance to ensure fairness among all bidders. The respondent was entitled to enforce the clear terms of the tender documents, and the administrative decision to disqualify the applicant's bid was regular and lawful under PAJA. There was no bas…
Source excerpt
- Promotion Of Administrative Justice Act
- Tender Procedural Compliance
- Bid Disqualification
- Mandatory Requirements