About Nick Ferreira

Nick Ferreira holds BA Hons, B (Phil), D (Phil) and LLB degrees. Prior to being admitted to the Johannesburg Bar in 2010, he was clerk to Justice Cameron at the Constitutional Court. Nick’s main areas of practice are in constitutional, administrative, media and defamation, public procurement and tenders, and commercial law. He has appeared in the High Court, the Supreme Court of Appeal and the Constitutional Court.

An Abrupt End To A Tender Affair

Authors: Nick Ferreira and Katherine Harding (pupil)

 

Life has become more difficult for litigants who want to challenge state decisions to cancel tender processes.

According to two recent SCA judgments, the cancellation of a tender prior to adjudication does not amount to administrative action within the meaning of the Promotion of Administrative Justice Act 3 of 2000 (“PAJA”), and is therefore not susceptible to PAJA review.[1]

In Nambiti, Tshwane published an invitation to tender for services. Tshwane then cancelled and re-advertised […]