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[2011] ZAECBHC 1
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Freedom Stationery (Pty) and Another v MEC for Education, Eastern Cape and Others (59/2011) [2011] ZAECBHC 1 (10 March 2011)
SAFLII
Note:
Certain
personal/private details of parties or witnesses have been
redacted from this document in compliance with the law
and
SAFLII
Policy
IN THE HIGH COURT OF SOUTH AFRICA
(BHISHO – EASTERN CAPE)
Before
Judge E Revelas
Case No: 59/2011
Date Heard: 07/03/11
Order Delivered: 10/03/11
In
the matter between
FREEDOM
STATIONERY (PTY) LTD
First
Applicant
AFROPULSE
46 (PTY) t/a
POWER
STATIONERY
Second
Applicant
And
THE MEMBER OF
THE EXECUTIVE
COUNCIL FOR
EDUCATION,
EASTERN
CAPE
First
Respondent
THE
SUPERINTENDENT-GENERAL,
DEPARTMENT OF
EDUCATION,
EASTERN
CAPE GOVERNMENT N.O.
Second
Respondent
IMPALA
STATIONERY (PTY) LTD
Third
Respondent
PREMIER
STATIONERY (PTY) LTD
Fourth
Respondent
Having heard counsel for the parties
and the
amicus curiae
, and having read the papers filed of
record, it is ordered that,-
1.
Pending the outcome of the review
application instituted by the applicants:
The First and Second Respondents are
interdicted from entering into any agreements with
the Third and Fourth Respondents
pertaining to the tender of contract
number S[…].
The Third and Fourth Respondents are
interdicted from performing in terms of the aforesaid contracts.
2.
The
First and Second Respondents are ordered to forthwith despatch the
record of the tender process relating to:
The decisions challenged in the
review, including but not limited to the supply chain management
rules in operation, the recommendations
of the various bid committees
who considered the tenders; the departmental recommendation to the
Eastern Cape Provincial Treasury
dated 1 December 2010; all
communications with the South African Revenue Services concerning
each of the tenders.
The request for quotations from Third
and Fourth Respondents, the quotations submitted by Third and Fourth
Respondents; all reports
and recommendations regarding the decisions
sought to be set aside; copies of all contracts concluded between
Second Respondent
and Third and Fourth Respondents; all enquiries and
reports concerning Third and Fourth Respondents throughout the tender
process.
3.
The
review application is to be set down for hearing on a date to be
arranged with the Registrar, which date must fall in the period
17
March 2011 to 24 March 2011, inclusive of both the aforesaid dates.
4.
The
First Respondent is to pay the costs of this application which will
include the costs incurred on 17 February 2011 and 25 February
2011.