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 […]