Eskom Holdings SOC Limited v Babcock Ntuthuko Engineering (137/2023, 156/2023 and 148/2023) [2024] ZASCA 63

3rd May 2024

Eskom Holdings SOC Limited v Babcock Ntuthuko Engineering (137/2023, 156/2023 and 148/2023) [2024] ZASCA 63

Click here to read the full judgment on Saflii

Constitutional Law – s 217 of the Constitution – Preferential Procurement Framework Act 3 of 2000 – procurement of goods and services ─ compliance with mandatory tender conditions ─ organ of state’s discretion to condone non-compliance where the condition is not material ─ whether actual or substantial compliance is applicable – whether splitting of tenders between various bidders lawful.