Chinese contractor wins controversial P450m road tender

Court orders Independent Committee to recommend LandMark Projects for TshesebeMosojane- Masunga road tender

Chinese contractor LandMark Projects ( Pty) Ltd has scored big as a panel of three Court of Appeal judges has ordered that it should be awarded the controversial P450 million Tshesebe- Mosojane- Masunga road tender.

LandMark together with the Public Procurement and Asset Disposable Board ( PPADB), Zebra Construction ( Pty) Ltd, Independent Complaints Review Committee had appealed a decision by High Court Judge, Michael Leburu who had ruled in favour of Cul De Sac Construction Company.

Judge Leburu had declared the decision of the Independent Complaints Review Committee ( ICRC) to award and or to recommend the award of the tender No Work 7/ 17/ 18 for Upgrading of Tshesebe- Mosojane- Masunga Road and Access Road to Bituminous Standard null and void. Alternatively Leburu declared that the decision of the ICRC to award and or recommend the award of the said Tender to Landmark Projects and Van and Truck Hire is reviewed and set aside and the PPADB is ordered to forthwith award the tender to Cul De Sac ( Pty) Ltd.

In his judgment Leburu said Independent Complaints Review Committee had deliberately disregarded the tendering and procurement laws. He explained that to award the tender or recommend other companies other than Cul de Sac was irrational. The judge was clear that the awarding of the tender to LandMark Projects and Van & Truck Hire was null and void in terms of regulations of the procurement. He pointed out that the successful bidders ought to have been disqualified at the technical stage of evaluation. Justice Leburu explained that the applicant was the only bidder who was technically compliant and should have been awarded the tender with a recalibration and revision of the pricing thereof, occasioned by the delay and price fluctuations.

Upholding the appeal, Justice Isaac Lesetedi, Judge President Ian Kirby and Stephen Gaongalelwe said the matter is remitted back to the IC for the issuance of an appropriate order under IC Regulation 14 ( 1) ( b) ( i) of the Act for Procuring Entity ( PE) to recommend the award of the Tender to Landmark/ T & Joint Venture. Justice Lesetedi said they note with concern that the project has been long delayed for several years now “and reiterate what was said in the ruling of the expedited hearing of this appeal”.

According to the judge, the community in that area have during this delay been denied an important amenity and development. “We urge that on remittal of the matter back to the IC, this matter be expedited by all the statutory bodies involved,” the judge said. Justice Lesetedi observed that the language used by Cul de Sac and the court a quo was “extravagant, unduly harsh, disparaging on the IC and its members, and used without basis or justification”. He said litigants and courts ought to be restrained in their use of disparaging and vituperative language.

“This court strongly disapproves of the use of vituperative language in courts to level baseless and unsubstantiated invective on holders of public office who perform their duties as they see fit.

“Similar disapproval applies here and I emphasise that a court should reserve strong language in the criticism of those involved in litigation to the clearest of case,” stated Justice Lesetedi.