n Without Prejudice - Look before leaping : contract law

Volume 8, Issue 6
  • ISSN : 1681-178X



The South African economy boasts an increasing number of SMME's that rely heavily on government tenders and procurement. What is to become of the smaller, less financially viable, tenderers who risk liquidation each time they incur expenses based on a tender award which, later on review, is declared a nullity due to the decision-maker's negligence? Is the initially successful tenderer entitled to compensatory damages in delict?

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