Judge Fabricius

Due to irregularities in the bid evaluation process and missing tender documents, the bid was cancelled and re-evaluated. However, bidder Lebelelang Mahlatse Trading (Pty) Ltd challenged the cancellation in Gauteng High Court, which ruled on 24 May 2018 that the tender may not be cancelled but must be re-evaluated fresh, and extended the tender's validity by 90 days.

“The decision was made at the Bid Adjudication that this tender be cancelled and start afresh because of irregularities... However, one of the bidders, Lebelelang Mahlatse Trading (Pty) Ltd, they approached the High Court in Gauteng with a case number of 32325/2017, and Justice Fabricius on 24 May 2018 directed that this tender may not be cancelled, it must be re-evaluated afresh, and the same order of Justice Fabricius also extended the validity of this procurement process by another 90 days.”

The Chairperson of the BAC, Mr. Umar Banda, who was also the City's previous CFO, cancelled the tender due to irregularities, but Judge Fabricius ruled narrowly that the tender had to be started fresh due to legislative limitations on cancellation reasons.

“The then Chairperson of the BAC was the previous CFO of the City, Umar Banda, and he signed off and said it must be cancelled due to irregularities. However, Judge Fabricius very narrowly in the first court order... ruled that you cannot use that to cancel the tender, that is why it must be started fresh.”