The City of Cape Town has been barred from adjudicating and awarding two tenders due to objections raised by a construction group regarding the implementation of a new tender scoring system.
- Judge Judith Cloete of the Western Cape High Court granted an interdict, preventing the city from proceeding with the tender adjudication and award until a review of the decision is conducted.
- The construction company, H&I Civil Building and H&I Construction, filed an application seeking to challenge the city’s implementation of the new scoring system and the dismissal of their internal appeals against it.
- The two tenders affected by the interdict are for the redecoration, alteration, and construction of buildings and structures for maintenance, safety, security, and other city facilities, as well as the construction of the Integrated Rapid Transit (IRT) System Metro South-East corridor stations infrastructure.
- The value of each of these tenders exceeds R50 million.
- H&I Construction argues that the new scoring system is unlawful and fundamentally flawed, as it deviates from the previous scoring method based on the Broad-Based Black Economic Empowerment (B-BBEE) scorecard.
- The judge’s decision to grant the interdict is based on the importance of protecting the right to participate in a lawful procurement process, as outlined in the Constitution. The city raised concerns about the potential impact on planned repair and maintenance projects and service delivery. The outcome of the application’s Part B, which will determine the legality of the new scoring system, is yet to be determined.