Read the full judgment on Saflii

[1]       The applicants in this matter seek an interdict, pending the outcome of review proceedings, restraining the implementation of the award of a tender to the second respondent.

[2]       The first applicant is Milling Techniks (Pty) Ltd, the second applicant Raubex KZN (Pty) Ltd, the first respondent the eThekwini Metropolitan Municipality and the second respondent Aqua Transport and Plant Hire (Pty) Ltd.

[3]      The applicants’ case, in a nutshell, is that they were improperly disqualified from the tender process, that their bids were the lowest and that the two contracts in question should have been awarded to them.

[4]     The bids were 1R – 19359 and 1R –19361 and related to annual contracts for the rehabilitation of various roads located within the northern and southern regions of the municipality, for three years.