Ma-Afrika Hotels (Pty) Ltd v Cape Peninsula University of Technology (20599/21; 4517/22)
Ma-Afrika Hotels (Pty) Ltd v Cape Peninsula University of Technology (20599/21; 4517/22) [2023] ZAWCHC 4; [2023] 1 All SA 731 (WCC); 2023 (3) SA 621 (WCC) (19 January 2023)
The court held that the respondent's decision to cancel the tender process after rescinding the award to Baobab was administrative action within the meaning of PAJA, as it was closely connected to the respondent's public function of providing student accommodation as part of its constitutional and statutory mandate. However, the applicant failed to establish grounds for review under PAJA. The PPPFA and its regulations did not apply to the respondent, as it was not an organ of state for purposes of section 217 of the Constitution or the PPPFA. The applicant did not request or obtain reasons fo…
Source excerpt
- Promotion Of Administrative Justice Act
- Public Tender Review
- Preferential Procurement Regulations
- Irrationality Review
- University Procurement
- Failure To Award Tender