Times Of Swaziland: ROOTS APPLICATION IN E73M TENDER DISMISSED

ROOTS APPLICATION IN E73M TENDER DISMISSED
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BY KWANELE DLAMINI  on 03/02/2015 08:05:00


MBABANE – Judge Bheki Maphalala has dismissed an application by Roots Civils
(PTY) Ltd for an interdict of awarding of a tender and continuation of
construction of the new Matsapha Industrial Estate Phase II.
Roots Civils ran to court where it filed an application to interdict the
chairman of the Tender Board, the Ministry of Finance and the Ministry of
Enterprise and Employment from awarding the tender pending finalisation of the
review in terms of the Procurement Act of 2011.
The company also sought an interim interdict for companies that may have been
awarded the tender not to proceed with any works, pending finalisation of the
review.
In 2008, Roots Civils was awarded the E73 938 120.80 Tender No.203 of 2008/09.
Budgeted
However, the company alleged that the Ministry of Enterprise and Employment
indicated that the project had not been budgeted for and that it would be
carried out in stages.
The first was a contract sum of E42 million. Tender No.59 of 2014/15 was for the
second stage of the project. However, Roots Civils contended that these were one
and the same tenders which had been awarded to them.
Judge Maphalala found that Roots Civils is not entitled to the interim interdict
it sought.
“The applicant (Roots Civils (PTY) Ltd) has failed to establish on a balance
of probability that Tender No.203 of 2008/09 and Tender No.59 of 2014/15
constitute one and the same tender.
“Similarly, the applicant has failed to establish that Tender No.203 of
2008/09 was awarded for a contract sum of E73 938 120.80. On the contrary, the
evidence shows that the contract concluded between the parties was for a reduced
contract of a sum of E42 million representing the first phase of the project,”
said Judge Maphalala.