The Western Cape High Court has barred the SA National Roads Agency (Sanral) from proceeding with the opening and adjudication of submitted bids and the awarding of another tender using its controversial new tender scoring system.

Acting Judge Ncumisa Mayosi on Monday granted an application by H&I Construction to interdict Sanral from proceeding with a tender for the improvement of the N7 between Piketberg and Piekenierskloof Pass. 

Moneyweb reports that the interim interdict was granted pending the outcome of an application by H&I in the Eastern Cape High Court (Gqeberha) to review and set aside Sanral’s new tender scoring system.

That application is scheduled to be heard in November 2023. 

H&I director Andrew Gibbard said the closing date for this tender has been extended on six separate occasions over the past three months because of H&I’s application seeking to have the new scoring system that Sanral intends using for its tenders reviewed and set aside.

Gibbard said a judgment in the Gauteng High Court (Pretoria) interdicted Sanral from continuing with its tenders in respect of consultancy work nationally, pending the outcome of similar review proceedings in that court.

That application was brought by construction and infrastructure company SMEC SA, which was granted an interim interdict stopping Sanral from proceeding with and/or implementing and/or giving effect to the outcome of the tender adjudication process related to a list of 65 bids to tender invitations.

Gibbard said all these applications target the same scoring system, which Sanral has indicated it intends applying in the N7 tender.

Moneyweb notes that Sanral's chief legal, risk and compliance officer Khehla Khoza said H&I’s application was not urgent and any urgency was self-created.

He also denied H&I will suffer any harm ‘let alone irreparable harm if it is not granted the relief sought’ and claimed H&I’s application was without merit. 

Khoza confirmed the N7 tender will be administered in terms of Sanral’s new scoring system.

However, he said the premise for H&I’s alleged urgency in this case was not the application it brought in the Eastern Cape High Court (Gqeberha) to review and set aside the new scoring system but is premised on the opening of the bids for the N7 tender as part of the tender administration process.

Full Moneyweb report