Aventino Ecotroopers Joint Venture and Others v The MEC for the Department of Roads and Transport, Gauteng Province and Others

The Gauteng Department of Roads and Transport published two tenders in May 2021 for routine road maintenance. Aventino Ecotroopers Joint Venture submitted bids and was ranked the highest-scoring bidder by the Bid Evaluation Committee. The tender validity period was 120 days, subject to extensions. Multiple extensions were sought by the Department. In August 2022, before final award, Aventino was disqualified by the Head of Department due to serious allegations of fraud arising from a separate Limpopo tender investigated by the Special Investigating Unit, and a pending listing on the National Treasury restricted suppliers database. The tenders were instead awarded to Vea Road Maintenance and Civils (Pty) Ltd and Lubocon Civils CC. Aventino brought review proceedings in the High Court challenging the lawfulness of the extensions of the tender validity period and its disqualification. The High Court dismissed the review, and Aventino appealed to the Supreme Court of Appeal.

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

The case affirms the lawfulness of excluding bidders in public procurement where supply chain policies permit exclusion for non-responsiveness to bid validity extensions. It also confirms that organs of state may exclude bidders based on credible evidence of prior misconduct, even in the absence of a criminal conviction or final judicial finding of guilt. The judgment reinforces procurement integrity and clarifies the interaction between SCM policies, the PFMA, and constitutional procurement principles.