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The High Court of Tanzania granted leave to challenge a procurement appeals decision that nullified an award to SICPA SA, finding the applicant met the low threshold for judicial review.
The judicial review application was timely as leave was sought within 14 days, but the applicant failed to establish any ultra vires action or breach of natural justice by PPAA. The applicant was ineligible for the tender due to nondisclosure of a summary penalty order constituting a final judgment within the relevant period, as required by tender documents and procurement regulations.
Source excerpt
The application was filed out of time as court fees were paid three days after the statutory period, rendering the filing invalid under section 101(1) of the Public Procurement Act. The supporting affidavit was defective for containing unverified paragraphs and extraneous material. Prayers based on non-final decisions are not tenable. The remedy for an application filed out of time is dismissal under section 3 of the Law of Limitation Act.
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