ROOTS APPLICATION IN E73M TENDER DISMISSED

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.

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