City remains top performer, the facts are there for all to see
The City notes the judgment in the case relating to its sewer rehabilitation tender and will abide by the decision of the Court. The relevant Bid Evaluation Committee (BEC) will re-evaluate the tenders of the two companies concerned on the basis required by the Court, with the corrections to the applicants' tender documents as ordered by the Court (see full judgment here).
The BEC will report to the City's Bid Adjudication Committee accordingly for a decision on the award.
The issue that arises with this case is how the City interacts with tenderers when errors occur in tender documents. The City will be required to review its practices based on the Court's direction in this difficult matter of the correct balance between allowing correction of tenders and not prejudicing the rights of other tenderers or compromising the tender process.
As was made clear by the City during the court proceedings, the City has up till now based its actions in such instances on its understanding of the law as determined in previous Court decisions. This case now gives further clarification for the future.
There was no finding of any corruption or irregularity by the Court, despite such hyperbolic claims by the ANC. The case was about the interpretation of correct legal process.