Judge says changes to the political administration of the city do not explain the delays as it effectively asks the court ‘to undo a contract that has been completed’.
A City of Tshwane application to review and set aside a controversial 2016 multi-million-rand vehicle fleet management tender and subsequent public-private partnership agreement has been dismissed with costs by the High Court in Pretoria. The PPP agreement only had one month more to run
“It camouflages inefficiencies by hiding under the protective shield of the Constitutionally mandated procurement procedures … is an impermissible Get Out of Contract Free card to avoid its carefully struck bargain under the ”.The city listed tender and PPP irregularities and highlighted fraudulent documents provided to support Moipone Group’s tender.
Jaco Bezuidenhout of Hydro Plant testified that he did not issue the letter, the signature appears to be forged, and that Hydro Plant does not lease or sell vehicles or sell spare parts. To allow Moipone to retain all the profits it earned in terms of the PPP agreements would, it added, defeat the whole purpose of judicial review and setting aside of decisions to award procurement contracts because such reviews would not bring any meaningful remedies to organs of the state.Judge Collis said AVMS was not a party to the tender process that led to the PPP agreements concluded between the city and Moipone.
But Collis said: “It matters not that the CoT at some point had argued that the changes in the political administration … from the African National Congress to the Democratic Alliance during August 2016 explain the delay on its part.
She added: “Having regard to the legal principles applicable, this Court is not persuaded that it can overlook the CoT’s inordinate delay in instituting the review proceedings.
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