Tag archives: Tenders

Tender award to unlawfully preferred bidder set aside

Tender processes require fairness and transparency. In order to ensure fairness and transparency, an organ of state must adopt a proper evaluation process when considering and awarding tenders. An organ of state cannot rely on its selection of a preferred bidder in circumstances where the process for a preferred bid is not followed. When the … Continue reading

Public procurement: e-tender portal a welcome announcement in the Budget Speech

On 25 February the Minister of Finance, Mr Nhlanhla Nene, announced in his National Budget Speech that all government tender documents will be published on an e-tender portal from April 2015, and advertisements in newspapers will be phased out. The publishing of all government tender documents on a central e-tender portal, and the phasing out … Continue reading

Courts continue deferent approach to tenders and administrative powers and functions

An October 2014 supreme court of appeal decision has confirmed two well established principles of public procurement and administrative law review: There is limited scope for not awarding a tender to a bidder that has scored the highest number of points; and A court is not likely to substitute its decision for a decision made … Continue reading