The Gauteng High Court (Johannesburg) has found that the provincial Health Department unlawfully awarded an expired R526m tender for crucial medical waste disposal services.

News24 reports that Gauteng-based Buhle Waste launched an urgent court challenge to the allegedly flawed and unlawful process followed by the department in relation to the tender for the disposal of so-called health care risk waste.

While the department opposed that legal action, Acting Judge Ahmed Cajee found that the tender had lapsed and was therefore ‘of no force or effect’.

The three-year-long tender was for crucial medical waste disposal services for more than 200 provincial hospitals, clinics and medical facilities.

The department plans to appeal that ruling, which invalidated the awarding of the medical waste disposal tender to Tshenolo Waste (Pty) Ltd and Phuting Medical Waste Management (Pty) Ltd. 

News24 notes that Cajee found that the tender for the ‘Appointment of Service Providers to Render Comprehensive Healthcare Waste Management for the Department of Health Institutions for a Period of Thirty-Six Months’ had ‘lapsed because no valid extension of the tender period occurred after 17 November 2022’.

As a result, the contracts entered into by the Gauteng Department of Health with Tshenolo Waste (Pty) Ltd and Phuting Medical Waste Management (Pty) Ltd were, ‘as a result of the invalid extension of the tender periods … declared invalid and set aside’.

Full News24 report