SKG Africa (Pty) Ltd v South African Local Government Association and Others

SKG Africa (Pty) Ltd submitted a tender to the South African Local Government Association (SALGA) for the provision of office accommodation for SALGA’s Eastern Cape office. The tender was awarded to Sthathu Funding (Pty) Ltd, despite SKG Africa’s bid allegedly being cheaper. After being notified of its unsuccessful bid, SKG Africa requested written reasons for the decision under the Promotion of Administrative Justice Act 3 of 2000 (PAJA) and access to tender-related documents under the Promotion of Access to Information Act 2 of 2000 (PAIA). SALGA did not provide the requested information within 30 days, leading SKG Africa to launch an urgent application seeking condonation for urgency, production of documents under PAIA, and a reduction of the 90-day period under PAJA for furnishing reasons.

Condonation for urgency was granted. The respondents were ordered to produce the requested tender documents within 48 hours under section 82 of PAIA. The request to reduce the 90-day period under PAJA was refused. Each party was ordered to pay its own costs.

The case clarifies the interaction between PAIA and PAJA in procurement disputes and affirms that unsuccessful tenderers are entitled to prompt access to tender records under PAIA to assess potential review proceedings, even while PAJA timelines for reasons remain intact.