South African Forestry Company SOC Ltd v Collins Sebola Financial Services (Pty) Ltd and Others

SAFCOL, a state-owned forestry company, issued a tender (RFB 011/2019) for the provision of security services across its forestry regions. Three bids were found compliant, including those of Collins Sebola Financial Services (Pty) Ltd and Phepha MV Security Services. Instead of awarding the tender to a single bidder, SAFCOL split the tender and awarded parts to Collins Sebola and the remainder to Phepha. Contracts were concluded with both service providers for a three-year period expiring on 31 March 2023. Collins Sebola, dissatisfied that it did not receive the entire tender, successfully reviewed the award to Phepha in the Gauteng Division of the High Court, which set aside that award and ordered that the relevant parts be awarded to Collins Sebola. SAFCOL appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs.

The case reaffirms the application of section 16(1)(a)(i) of the Superior Courts Act, confirming that appellate courts will not entertain appeals that are moot and have no practical effect. It is significant in procurement and administrative law disputes, particularly tender reviews, where the effluxion of time may render appellate relief ineffective.