tag:blogger.com,1999:blog-7665355359899630254.post1666808069742046395..comments2023-12-20T07:29:21.752-05:00Comments on Administrative Law Matters: Procedural Fairness in Public ProcurementPaul Dalyhttp://www.blogger.com/profile/13433629868698007121noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-7665355359899630254.post-29196535244216398402013-05-07T12:09:02.057-04:002013-05-07T12:09:02.057-04:00Thanks, Geo.
Those cases are also interesting. O...Thanks, Geo. <br /><br />Those cases are also interesting. One would think that, with the common law's traditional solicitude for the individual, protections would be *greater* once a contract had been awarded.<br /><br />The preference for oversight of the award process suggests that the courts are interested more in ensuring good governance than in vindicating individual interests. <br /><br />Perhaps the "rights-based approach" does not quite enjoy the primacy its proponents claim for it!Paul Dalyhttps://www.blogger.com/profile/13433629868698007121noreply@blogger.comtag:blogger.com,1999:blog-7665355359899630254.post-60780340770393028232013-05-06T18:03:57.629-04:002013-05-06T18:03:57.629-04:00Very interesting Paul. From a comparative perspect...Very interesting Paul. From a comparative perspective the courts here in South Africa have not been particularly consistent regarding procedural fairness in procurement matters. While it is generally accepted that the award of a public contract amounts to administrative action and thus (possibly) attract rules of procedural fairness, it is much less clear whether the cancellation of a public contract also amounts to administrative action and thus subject to procedural fairness rules. In some cases, such as Logbro Properties NO v Bedderson NO (http://www.saflii.org.za/za/cases/ZASCA/2002/135.html) the Supreme Court of Appeal held that where the contract was entered into using public power, i.e. not on equal footing, cancellation would still attract rules of procedural fairness. In other cases, however, such as Government of the RSA v Thabiso Chemicals (http://www.saflii.org.za/za/cases/ZASCA/2008/112.html) the same court held that cancellation of a public contract was not subject to administrative law rules. At para 18 the judge stated: "I do not believe that the principles of administrative law have any role to play in the outcome of the dispute. After the tender had been awarded, the relationship between the parties in this case was governed by the principles of contract law."Geo Quinothttp://www.sun.ac.za/procurementlawnoreply@blogger.com