SciELO - Scientific Electronic Library Online

vol.13 issue3To sequestrate or not to sequestrate in view of the National Credit Act 34 of 2005: a tale of two judgments author indexsubject indexarticles search
Home Pagealphabetic serial listing  

Services on Demand



Related links

  • On index processCited by Google
  • On index processSimilars in Google


PER: Potchefstroomse Elektroniese Regsblad

On-line version ISSN 1727-3781


BOLTON, P. Municipal tender awards and internal appeals by unsuccessful bidders. PER [online]. 2010, vol.13, n.3, pp.56-82. ISSN 1727-3781.

In recent years, bidders aggrieved by municipal tender awards are increasingly resorting to Section 62 of the Local Government: Municipal Systems Actfor relief. The application of this provision to tender processes is however strictly confined, and in most instances bidders find that they have no option but to approach the courts for the judicial review of tender awards. In this article, the application of Section 62 to a municipality's tender processes and decisions is critically analysed in the light of recent court judgments. Attention is also given to the relation between Section 62 and dispute resolution procedures in place under the Supply Chain Regulations, enacted under the Local Government: Municipal Finance Management Act.It is argued that at present, internal appeal and dispute resolution processes do not afford unsuccessful bidders adequate protection.

Keywords : Appeals; bid committee system; competitive bidding; Constitution; dispute resolution; Local Government; Municipal Systems Act; procurement; South Africa; tender.

        · text in English     · English ( pdf )


Creative Commons License All the contents of this journal, except where otherwise noted, is licensed under a Creative Commons Attribution License