![Eskom Holdings SOC Limited v Babcock Ntuthuko Engineering (137/2023, 156/2023 and 148/2023) [2024] ZASCA 63](https://cisp.cachefly.net/assets/articles/images/resized/0001129464_resized_gavel2legallaw1022.jpg)
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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.