Tekoa Consulting Engineers (Pty) Ltd v Alfred Nzo District Municipality and Others

Alfred Nzo District Municipality issued a tender to establish a panel of service providers for turnkey water services infrastructure projects funded by the Water Services Infrastructure Grant, covering the period 1 July 2020 to 30 June 2023. Tekoa Consulting Engineers submitted a bid but was disqualified by the Bid Evaluation Committee for failing to provide proof of CIDB registration and grading. The tender was awarded to other bidders. Tekoa launched a review in the High Court, which set aside the disqualification and tender award as unlawful. On appeal, the Full Court overturned that decision and dismissed Tekoa’s review. Tekoa obtained special leave to appeal to the Supreme Court of Appeal. By the time the appeal was heard, the tender work had been completed, rendering the dispute moot.

Condonation was granted and the appeal was reinstated. The appeal was upheld, with costs awarded against the Municipality. The order of the Full Court was set aside and replaced with an order dismissing the Municipality’s appeal to the Full Court, with costs.

The judgment clarifies the application of mootness in procurement disputes and confirms that courts may decide moot appeals where issues of public importance arise. It provides authoritative guidance on the meaning of turnkey contracts in public procurement, the requirement for clear and unambiguous tender documents, and affirms that vague procurement criteria undermine legality under s 217 of the Constitution. It also reinforces principles relating to standing and time periods under PAJA in tender reviews.