Four companies take Tshwane to court over security tender allegedly awarded unlawfully, irregularly, unfairly

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22-02-2022
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Pretoria - Four companies have hauled the City of Tshwane to court over a security tender which they allege was awarded unlawfully, irregularly and unfairly.

In their urgent application to the Gauteng High Court, Pretoria, Vimtsire Security and Protection Services, Lebelang Mahlatse Trading, Wenzile Phaphama Security and Mphosha Construction services claimed the city manipulated the adjudication process and disqualified them for dubious reasons.

Speaking to the Pretoria News, their lawyer Mafona Ramothwala said the four companies wanted the contract rescinded. He said they submitted their bids in 2016. The court ordered the municipality to appoint 22 companies in October last year. It’s unclear why it took the city five years to issue the contract.

“The court order was obtained through an arrangement or settlement under circumstances which are legally impermissible.

“Our clients’ bids went missing, as were 50 others (in total 55 bids were lost) after being submitted to the City of Tshwane,” Ramothwala said.

“At some point the municipality cancelled the tender on the basis of this loss of bids. A company called Lebelelang Mahlatse Trading (Pty) Ltd challenged the cancellation of the tender.”

He said his clients also believed that the court’s powers were too intrusive and contrary to the principle of separation of powers.

“What is concerning in this matter is that the award of the tender to the 22 companies as per the court order means that none of those companies’ awards were adjudicated and properly vetted by the municipality. For instance, there is an allegation that 11 of the 22 companies no longer exist. It appears that the court was used to legitimise an unlawful appointment of the 22 companies and to bypass the municipality’s procurement system and a proper way of evaluating and adjudicating service providers before they are appointed.”

In addition, Ramothwala said the four security firms believed that the City of Tshwane should not have subjected the tender process to the court.

Tshwane, he added, should not have allowed the court to order it to award the contract.

He said his clients believed that the municipality should not have allowed the court to rule that its decision to cancel the tender was an administrative act which should be reviewed and set aside in law.

In the court papers seen by the Pretoria News, Ramothwala’s clients are demanding that the City cancel the contract.

He added: “We believe that the municipality should have been allowed to cancel the tender and a new one advertised to invite service providers accordingly.

“We believe that the process became unfair to a point of being unlawful when, despite the fact that 55 bids were lost, the municipality is now compelled as per the court order to award the tender to the 22 companies.” Tshwane spokesperson Lindela Mashigo said the City “was opposing the matter in court.

“Our approach will be outlined in the opposing affidavit. The questioned appointment is the implementation of a court order. These facts would come out clear in our affidavit.

“For instance, it is unknown whether these companies who submitted their bids in 2016 still have the same capacity, competence and some of them whether they still exist as per the award now made through a court order of October 21, 2021,“ Mashigo said.

Pretoria News