Court dismisses firm’s bid to halt the awarding of school food nutrition tender

The department had said the company had submitted an expired certificate belonging to another entity and was eliminated from the process.

Dissatisfied with this, UTE took the department to court interdicting its decision to award the tender for the procurement of storage, supply and delivery of dry and perishable groceries for pupils in primary, secondary and special schools in ten districts in Gauteng for three years.

The company argued that it submitted a valid certificate; however, according to the court papers, the department said the certificate was issued to different entities and had already expired.

The court papers also state that UTE had changed tack, suggesting that it was for the first time that it came to its attention through the department’s papers that their certificate had been tampered with.

The company had also said they wanted to ascertain how an invalid certificate found its way into its bid submission.

According to the judgment, after affidavits had been exchanged between the parties, UTE delivered a notice to amend its relief which include that they were unlawfully disqualified from participating in the tender and that it met the requirements.

It then asked the department to evaluate its bid submission within three days of the court order.

But the department objected to the amendment, saying the company was “changing the whole case altogether”. It said was only called upon to deal with an interim interdict.

In her ruling, acting judge Liebenberg refused the amendment and dismissed the matter. 

She said the court could not allow school pupils to “suffer while corporate entities jostle for tender awards by branches of the government and the potential benefits associated with such tender awards”.

She also said, based on the papers before her, she was not satisfied that this was one of the “clearest of cases” to restrain the department in performing its statutory powers and duties.

“Even had UTE established all the requirements for an interim interdict, which it did not, I would have exercised my discretion against the granting of the relief sought.

“I am firmly of the view that at this juncture, the best interest of the learners benefiting from the implementation of the NSNP [national school nutrition programme] trump any prima facie right UTE has to seek a review against administrative decisions taken by the department in respect of the November 2024 tender.”

SowetanLIVE