The Gauteng Department of Roads and Transport (GDRT) has welcomed the judgement of the North Gauteng High Court on a review application brought by losing bidders to interdict the awarding and finalization of the tender.

The tender is for the construction of Vaal River City interchange in Vanderbijlpark, Sedibeng District Municipality. Ditshimega Projects and Training (PTY) LTD was awarded the tender.

Applicants, Mapitsi Civil Works (PTY) LTD and MECSA Construction (PTY)LTD, had sought interdictory orders to interdict, prohibit and restrain the Department from finalising, signing as well as implementing the formal awarding agreement with the awarded party.

The court found that disregarding internal dispute resolution procedures, overlooking and disregarding prescribed procedures can have consequences for bidders. It also agreed the applicants’ failure to comply with prescribed procedures was their own doing and cannot be blamed on the Department.

They had sought remedy, contending that the Department’s decision to award the tender to the second respondent (Ditshimega Projects and Training (PTY) LTD) in circumstances where the latter had not complied with mandatory requirements. The applicants viewed this as a deviation from the published conditions.