Bhaki Trading and Suppliers CC v Ithala Development Finance Corporation Ltd

• Jurisdiction: http://justis.com/jurisdiction/166,South Africa
• Judge: Mngadi J
• Judgment Date: 10 May 2023
• Citation: 2023 JDR 1647 (KZP)
• Hearing Date: 02 May 2023
• Docket Number: 13477/2022P
• Court: KwaZulu-Natal Division, Pietermaritzburg

Mngadi J:

[1]

The applicant seeks an order compelling the respondent to file a record of a decision which is a subject of a review application. The respondent opposes the application. The review application is in terms of the Promotion of Administrative Justice Act No. 3 of 2000 (PAJA)

[2]

The applicant is Bhaki Trading and Suppliers CC t/a Bhaki Security, a close corporation duly incorporated and registered in terms of the Close Corporation Act. The respondent is Ithala Development Finance Corporation Limited, a Schedule 3(d) provincial government business enterprise established in terms of the Public Finance Management.

[3]

The applicant in the review application seeks to review and set aside the decision by the respondent to cancel the award of Cluster 1 to 3 of a tender. Further, it seeks review and set aside the re-advertisement of a tender to award Clusters 1 to

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3 of the tender of the applicant; and to compel the respondent to award Clusters 1 to 3 of the tender to the applicant.

[4]

The applicant in its founding affidavit deposed to by Bhekithemba Maphumulo its managing director to the review application states that on is in the business of providing security-guarding services. It submitted a bid to the respondent in response to a tender for the appointment of a security provider to render security guard services to 4 Clusters for a period of 36 months. The applicant then receives a letter dated 20 September 2021, which reads as follows:

"INTENTION TO AWARD: REP04/21 APPOINTMENT OF A SERVICE PROVIDER TO RENDER SECURITY GUARDING SERVICES AT VARIOUS ITHALA PROPERTIES IN KWAZULU NATAL

We refer to the above and advise that through our bid selection process, Bhaki Trading and Suppliers cc has been identified as one of the preferred bidders and that it is our intention to appoint Bhaki Trading and Supplier cc for the appointment of a service provider to render guarding services at various Ithala properties in KwaZulu-Natal.

The Ithala SCM Policy provides for unsuccessful bidders to notify Ithala of their intention to appeal within 7 (seven) working days if they wish to do so. The 7 (seven) day notification period for this bid will expire on the 29 September 2021. Should Ithala not receive the notice of appeal by this date, Ithala will proceed to issue Bhaki Trading and Supplier cc with a letter of award. The awarding of that bid will be subject to Bhaki Trading and Supplier cc signing the SLA agreement. Should a notice to appeal be received within the prescribed period, Bhaki Trading and Supplier cc will be informed accordingly and the normal Appeal Process will have

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to be followed. Whether Bhaki Trading and Supplier cc will remain the preferred bidder to be appointed for the appointment of a service provider to render security-guarding services at various Ithala properties in KwaZulu-Natal, will depend on the final outcome of such appeal.

Accordingly, this letter is only intended to advise Bhaki Trading and Supplier cc preferred bidder status at this stage and our intention to award Bhaki Trading and Supplier cc for appointment of a service provider to render security guarding services at various Ithala properties in KwaZulu-Natal, it is not intended to create any rights and/or obligations between Ithala and Bhaki Trading and Supplier cc. The contract will be for a period of three years based on your performance to meet business objectives.

Only once a formal...