CCT48/13

[2013] ZACC 42

2014 (1) SA 604 (CC)

2014 (1) BCLR 1 (CC

Froneman J

29 November 2013

http://hdl.handle.net/20.500.12144/3717

Application for leave to appeal against a judgment of the SCA relating to the setting aside of a tender for the administration of social grants: AllPay Consolidated Investment Holdings (Pty) Ltd and Others v CEO of the South African Social Security Agency and Others (678/12) [2013] ZASCA 29; [2013] 2 All SA 501 (SCA); 2013 (4) SA 557 (SCA) (27 March 2013). The case was previously heard in the Pretoria High Court: Allpay Consolidated Investment Holdings (Pty) Ltd and Others v Chief Executive Officer of the South African Social Security Agency and Others (7447/2012) [2012] ZAGPPHC 185 (28 August 2012). See also later related judgments of the CC in this matter: Allpay Consolidated Investment Holdings (Pty) Ltd and Others v Chief Executive Officer of the South African Social Security Agency and Others (No 2) [2014] ZACC 12; 2014 (6) BCLR 641 (CC); 2014 (4) SA 179 (CC) (17 April 2014); AllPay Consolidated Investment Holdings (Pty) Ltd and Others v Chief Executive Officer of the South African Social Security Agency and Others (CCT 48/13) [2015] ZACC 7; 2015 (6) BCLR 653 (CC) (24 March 2015); Black Sash Trust v Minister of Social Development and Others (Freedom Under Law NPC Intervening) (CCT48/17) [2017] ZACC 8; 2017 (5) BCLR 543 (CC); 2017 (3) SA 335 (CC) (17 March 2017).

Application for leave to appeal against a judgment of the Supreme Court of Appeal relating to the setting aside of a tender for the administration of social grants. The Court held that the assessment of the fairness and lawfulness of procurement procedures must be done in terms of the Promotion of Administrative Justice Act 3 of 2000, and that it must be independent of the outcome of the tender process. The Court held that the respondent failed to give due regard to the importance of black economic empowerment during the procurement process. The respondent had an obligation to investigate and confirm the empowerment credentials of the bidders before the award. The Court also held that the second Bidders Notice, issued during the tender process, was vague and uncertain and gave rise to procedural unfairness. The appeal was upheld but the Court suspended the declaration of invalidity pending a further hearing on the determination of a just and equitable remedy. Judgment: Froneman J (unanimous).