n Local Government Bulletin - The different hats worn by the municipal manager in the tender/bid process
|Article Title||The different hats worn by the municipal manager in the tender/bid process|
|© Publisher:||Dullah Omar Institute|
|Journal||Local Government Bulletin|
|Publication Date||Jun 2010|
|Pages||10 - 12|
In a recent Supreme Court of Appeal decision, CC Groenewald v M5 Developments, the court held that the unsuccessful bidders had a right, under section 62 of the Municipal Systems Act, to appeal against the municipality's decision to award a tender. The court cautioned, however, that even though an appeal under this provision was a 'wide appeal', involving a rehearing of the issues, it did not allow the appeal authority to revisit all tenders and to award the tender to a bidder who had not appealed or, as in this case, whose appeal was out of time. Once the municipal manager, as appeal authority, had come to the conclusion that the appeal by the unsuccessful bidder (whose appeal was in time) was without merit, the only course of action was to dismiss the appeal.
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