MEC for Roads and Public Works, Eastern Cape and Another v Intertrade Two (Pty) Ltd

Intertrade Two (Pty) Ltd, an unsuccessful tenderer for various provincial hospital maintenance contracts in the Eastern Cape, instituted review proceedings under Uniform Rule 53 against the MEC for Roads and Public Works and the Provincial Tender Board. Prior to launching the review, Intertrade requested extensive documentation relating to the tender adjudication process, alleging irregularities, delays, and unfair treatment. Although some documents were produced, many were withheld. The appellants objected, arguing that once review proceedings were instituted Intertrade was confined to the Rule 53 record and discovery mechanisms, and that section 7(1) of the Promotion of Access to Information Act 2 of 2000 (PAIA) barred reliance on PAIA to obtain further documents.

The appeal was dismissed with costs, including the costs of two counsel.

This case is significant for clarifying the relationship between PAIA and civil litigation, particularly review proceedings under Uniform Rule 53. It confirms that PAIA may be invoked to obtain information from public bodies where the statutory requirements of section 7(1) are not met, reinforcing constitutional principles of transparency, accountability, and fair administrative action in public procurement.