n Without Prejudice - Irregularities in awarding tenders : tenders




This article is the first in a three-part series which considers the implications of the judgements on public and private bodies participating in public procurement contracts. In this article we consider the CC's reasoning in concluding that the award of the tendered contract was constitutionally invalid. In article 2 we consider the CC's findings in respect of black economic empowerment and whether the CC has confirmed that a more pro-active approach is required by public bodies in scrutinising bidders' empowerment credentials. In article 3 we examine the CC's remedy of setting aside the tender award and how the court dealt with the potentially disastrous consequences for both the innocent bidder and grant recipients by crafting a far-reaching structural interdict.


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