Delayed TshesebeMasunga road construction resumes
Construction delayed by protracted legal battle over the awardee of the tender Landmark Projects/ Van & Truck Hire joint venture handed the site this week following Appeals Court decision
Landmark Projects/ Van & Truck Hire Joint Venture was this week handed the site for works to complete the construction of TshesebeMasunga road as the new contractor procured for the job.
The company landed the job after a protracted legal tussle over who should be awarded the tender.
The court of appeal ordered that the tender should be remitted back to the relevant authorities to start the process of awarding the tender to Landmark Projects/ Van & Truck Hire Joint Venture on expediency. The High Court had earlier ruled that the tender be awarded to Cul De Sac Construction Company ( Pty) Ltd.
According to the Department of Roads Public Relations Officer, Doreen Moapare the scope of works for this project is 22km of the TshesebeMasunga main road and approximately 28km of access roads. The access roads are Mosojane- Masukwane, Masunga- Letsholathebe,
Mosojane- Mulambakwena, Masukwane- Kgari and Pole village access road.
“Also included is the construction of three bridges at Masukwane- Kgari Bridge, Mosojane- Mulambakwena Bridge and Masunga Bridge. The previous contractor had been awarded the project at a cost of P400, 044, 365.68 but was terminated due to nonperformance. Expenditure at the time of termination was P115, 530, 614.83 including advance payment,” Moapare revealed.
She explained that costs to finish the project will require P355, 672,114.64 including VAT and the Consultant on the project remains the same being Rites Africa Joint Venture with Pula Consultants.
LandMark together with 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 in that 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 is declared null and void.
Alternatively 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 further 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/ Truck & Hire 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 on the expedited hearing of this appeal.
According to the judge, the community in that area have during this delay been denied of 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,” he ruled.