Business, Local

GDRT applauds High Court’s decision on Vaal River City contractor appointment

November 9, 2023

The Gauteng Department of Roads and Transport (GDRT) has expressed satisfaction with the North Gauteng High Court’s ruling on a review application related to the tender for the construction of the Vaal River City interchange in Vanderbijlpark, Sedibeng District Municipality. The court dismissed the application brought by losing bidders Mapitsi Civil Works (PTY) LTD and MECSA Construction (PTY) LTD, emphasizing the consequences of disregarding internal dispute resolution procedures and prescribed procedures.

Ditshimega Projects and Training (PTY) LTD secured the awarded tender, with the applicants seeking interdictory orders against the finalization and implementation of the agreement. The court found that the applicants’ failure to comply with prescribed procedures could not be blamed on the Department and upheld the decision to award the tender to Ditshimega Projects and Training (PTY) LTD.

The dispute centred on allegations that the certificates of completion submitted by the winning bidder were uncertified and not relevant to the tender project. The court, however, confirmed the compliance of these certificates with the tender specifications, as verified by the Construction Industry Development Board (CIDB).

The court emphasized that the applicants’ decision to bypass internal dispute resolution procedures demonstrated a lack of appreciation for the purpose of the process. It also noted the applicants’ failure to attend mandatory meetings where essential aspects of the tender were explained.

In conclusion, the court dismissed the review application, stating that “the applicants’ jurisdictional grounding crumbled into dissipation.” The ruling also deemed the review application ill-advised.

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