Functionality Matters: Fairness and Full Consideration in
Tenders
Under section 6(2)(e)(iii) of the Promotion of Administrative Justice Act 3 of
2000 ("PAJA") as well as under the principle of
legality, an administrator's failure to consider relevant
considerations is judicially reviewable
In the recent case of Mpuzi Business Enterprise CC v Eskom Holdings
Soc Ltd and Others (19716/2024) [2025] ZAWCHC 79 (5 March
2025), the Court considered this review ground in the context
of the meaning of "in all respects" as a deadlock
breaking mechanism when awarding a tender.
In this case, Eskom Holdings Soc Ltd ("Eskom")
published an invitation to tender for the provision of vegetation
management services, the Applicant, Mpuzi Business Enterprises CC
("Mpuzi") submitted a bid in response to the tender
invitation but was unsuccessful.
