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High Court of South Africa North-West, Mafikeng

The Judges currently  serving on duty at the North West High Court are:

  1. Hon. Judge President RD Hendricks
  2. Hon. Deputy Judge President Djaje
  3. Hon. Judge Petersen
  4. Hon. Judge Reid
  5. Hon. Judge Mfenyana
  6. Hon. Judge Reddy
1 judgment
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August 2006
Road Mac Surfacing (Pty) Ltd v MEC for Department of Transport and Roads, North West Province and Others ; Raubex (Pty) Ltd v MEC for Department of Transport and Roads, North West Province and Others ; Star Asphalters/Kgotsong Civils and Another v MEC for Department of Transport and Roads, North West Province and Others (820/05; 821/05; 822/05) [2006] ZANWHC 2 (31 August 2006)
Court upheld that objective, rational procurement criteria need not always be pre-disclosed; procedural fairness and rationality remain required.
Administrative law – public procurement – PPPFA and Regulations applicable – objective criteria may justify awarding tender to not-highest scorer – disclosure of every objective criterion in tender documents not always required – price-envelope and average-benchmarking permissible if rational and fair – failure to interview low-priced tenderer procedural unfairness but prejudice must be shown – courts reluctant to usurp administrative function or award damages under PAJA except in exceptional cases.
 31 August 2006