IRC dismisses Agrimech’s case against Malkerns Town Board

MBABANE – The Independent Review Committee (IRC) has dismissed the application filed by Agrimech Eswatini against the Malkerns Town Board.

The decision follows deliberations on a procurement-related matter brought before the committee.

The IRC is a body established by the Eswatini Public Procurement Regulatory Agency (ESPPRA) to resolve disputes in public procurement by conducting administrative reviews of complaints and appeals against ESPPRA decisions. The IRC is composed of three members appointed from a larger Standing Review Panel of individuals with expertise in procurement.

Its purpose is to ensure fairness, transparency and accountability in the public procurement process by making binding decisions on these disputes. 

The case, which was heard on August 8, 2025, concerned the tender for the supply of a heavy-duty tractor, identified as RFQ/GQS/TSD/001/2025-2026.

The tender was awarded to Uyabuya Investments, while Swazi Track and Agrimech Eswatini were ranked second and third, respectively. The Malkerns Town Board, stated that Agrimech Eswatini’s bid was found to be unresponsive to the technical requirements, specifically failing to meet the required ground clearance and not providing details on the operational manual and radio.

Agrimech Eswatini, represented by Attorney Mbhekwa Mthethwa, argued that they were unfairly treated and that their submission was ignored by the Board. The company contended that their tractor’s ground clearance exceeded the minimum requirement, and they were the lowest-priced bidder, which they felt should have secured them the tender.

The company also lamented that the Malkerns Town Board’s evaluation was based on a general brochure rather than the specific submission made for the tender.

They felt that if there were any questions about the specifications, the Board should have conducted a physical verification of the product, as per Regulation 60 of the Procurement Act of 2011, which allows for clarification from tenderers. Agrimech Eswatini requested that the tender be re-evaluated, not re-tendered, since the prices had already been disclosed.

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