South Africa Case Law

WBHO v Nelson Mandela University and Another (2121/19)

WBHO v Nelson Mandela University and Another (2121/19) [2019] ZAECPEHC 68 (1 October 2019)

Court

Eastern Cape High Court, Port Elizabeth

Case number

2121/19

Judge

Swanepoel AJ

The Court found that the applicant's tender was lawfully disqualified for non-responsiveness due to its material deviation from the tender requirements, specifically the inclusion of an escalation clause and risk transfer provisions contrary to the FIDIC Silver Book and SANS10845-3. The first respondent's assessment was rational, bona fide, and intra vires the tender documentation. The extension of the tender validity period and scope was contractually and procedurally permissible. Pre-award negotiations with the preferred bidder were explicitly provided for in the tender documents and did no…

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• Promotion Of Administrative Justice Act
• Public Procurement
• Preferential Procurement Policy Framework Act
• Tender Responsiveness
• Judicial Deference
• Contractual Escalation Clauses

WDR Earthmoving Enterprises CC and Another v Joe Gqabi District Municipality and Others (CA298/2016)

WDR Earthmoving Enterprises CC and Another v Joe Gqabi District Municipality and Others (CA298/2016) [2017] ZAECGHC 45 (13 March 2017)

Court

Eastern Cape High Court, Grahamstown

Case number

CA298/2016

Judges

C Plasket, E Revelas, SM Mbenenge

The Municipality was legally required by the Municipal Supply Chain Management Regulations to demand audited annual financial statements for the past three years from bidders for tenders exceeding R10 million. The joint venture failed to comply with this requirement, as Cotterrell’s Construction CC did not submit audited statements for the full period. The tender documents and conditions empowered the Municipality to treat such a bid as non-responsive and to exclude it from consideration. The court found no reviewable irregularity in the exclusion of the joint venture's bid. Furthermore, once…

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• Public Procurement
• Tender Responsiveness
• Municipal Supply Chain Management
• Judicial Review
• Standing To Review
• Bid Disqualification

Umso Construction (Pty) Ltd v Member of the Executive Council for Roads and Public Works Eastern Cape Province and Others (20800/2014)

Umso Construction (Pty) Ltd v Member of the Executive Council for Roads and Public Works Eastern Cape Province and Others (20800/2014) [2016] ZASCA 61 (14 April 2016)

Court

Supreme Court of Appeal

Case number

20800/2014

Judges

Maya, Cachalia, Pillay, Mbha, Victor

The Supreme Court of Appeal held that Tau Pele Construction (Pty) Ltd had a duty to disclose its business rescue status during the tender adjudication process, as the tender data required proof of financial resources and business rescue status is material to financial capacity. Tau Pele's failure to disclose constituted a material non-disclosure, justifying the setting aside of the award. The court found that Umso Construction (Pty) Ltd's bid was incorrectly rejected as non-responsive, as it had demonstrated sufficient experience through its participation in a joint venture project exceeding…

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• Public Procurement
• Promotion Of Administrative Justice Act
• Business Rescue
• Tender Responsiveness
• Substitution Order
• Preferential Procurement Policy Framework Act

HT Pelatona Projects (Pty) Ltd v Tokologo Local Municipality and Another (A224/2015)

HT Pelatona Projects (Pty) Ltd v Tokologo Local Municipality and Another (A224/2015) [2015] ZAFSHC 238 (3 December 2015)

Court

Free State High Court, Bloemfontein

Case number

A224/2015

Judges

A. Kruger, K.J. Moloi

High Court review of a municipal tender award. The court found the winning bidder’s tender non-responsive for missing mandatory documents and set the award aside.

• Public Procurement
• Promotion Of Administrative Justice Act
• Tender Responsiveness
• Municipal Contracts
• Judicial Review
• Public-procurement