CCT71/05

2007 (3) SA 121 (CC)

2007 (3) BCLR 300 (CC)

Moseneke DCJ Majority judgment

Langa CJ and O'Regan J dissenting judgment

Sachs J separate judgment

28 September 2006

http://hdl.handle.net/20.500.12144/2527

Application to the Constitutional Court for leave to appeal against the judgment and order of the SCA, reported as Steenkamp NO v Provincial Tender Board, Eastern Cape 2006 (3) SA 151 (SCA). Previously this matter was heard in the Bisho High Court: Eastern Cape Provincial Administration and the Provincial Tender Board Eastern Cape v Steenkamp NO, Case No 148/2000, 16 August 2001, as yet unreported.

The applicant sought compensation for out-of-pocket expenses it had incurred in the fulfilment of a tender award which was subsequently set aside. Moseneke DCJ writing for the majority dismissed the appeal holding that the administrative breach of the statutory duty of the tender board justice was not wrongful in the delictual sense. Madala, Nkabinde, Skweyiya, Van der Westhuizen and Yacoob JJ concurred. Sachs J concurred in a separate judgment. O' Regan J and Langa CJ dissented finding that a successful tenderer should be able to claim out of pocket expenses it has incurred in fulfilling contractual obligations that arose as a result of the tender award. Mokgoro J concurred in the dissenting judgment.