Introduction
Our courts have in their recent pronouncements on public
procurement processes started to emphasise the importance of
tenderers complying with the tender rules laid down by organs of
State.
The motivation for this is probably to try and create a more
certain climate around procurement and also to try and stem the
flood of cases relating to the review of tender awards.
Many such challenges involve tenderers whose prices may be the
lowest, and sometimes significantly so, but who have failed to
comply with one or other of the formalities laid down in the tender
conditions.
At the end of November 2013 the Supreme Court of Appeal in
Bloemfontein ("SCA") had to apply its mind to whether the
rejection of a tender due to the tenderer failing to have submitted
an original tax clearance certificate was
justified.1
