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Umso Construction (Pty) Ltd v Member of the Executive Council for Roads and Public Works Eastern Cape Province and Others (20800/2014) [2016] ZASCA 61

15th April 2016


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This appeal concerns the award of a tender (No. SCMU5-12/13-0035) by the Eastern Cape Provincial Department of Roads and Public Works (the department) to the third respondent, Tau Pele Construction (Pty Ltd) (Tau Pele). The tender was for the upgrading into bituminous surface, of a 13.4 kilometres stretch of gravel road between the Elitheni Coal Mine and the R56 road in the Chris Hani district of the Eastern Cape. The Appellant (Umso Construction (Pty) Ltd) (Umso), was one of four unsuccessful tenderers.  Aggrieved by the decision, it instituted review proceedings in the Eastern Cape Local Division, Bhisho (Stretch J) to set aside the award of the tender to Tau Pele, and for an order substituting it in place of Tau Pele, as the successful tenderer. The court a quo set aside the decision to award the tender to Tau Pele, but refused to substitute Umso in its place. It is against that decision that Umso appeals to this court with the leave of the court a quo, and in relation to which the department and Tau Pele cross-appeal likewise with the leave of that court.

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