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Harare High Court
Breastplate Services (Pvt) Ltd t/a Nemchen v Delta Beverages (Pvt) Ltd & 6 Ors
HH 479-22
Case Details
Court
Harare High Court
Date
14 July 2022
Citation
HH 479-22
Neutral Citation
[2022] ZWHH 479
Outcome
unknown
Case Type
Urgent Application
Bench
Presiding
Munangati-Manongwa J
Full Bench
Munangati-Manongwa J
Areas of Law
Commercial LawAdministrative Law
Keywords
Tender processPrivate company procurementInterdictLocus standi
Tags
TenderProcurementInterdictReview
legislation
Statutes Cited
- High Court Act
- Administrative Justice Act
- Public Procurement and Disposal of Public Assets Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Does a participant in a tender process by a private company have locus standi to challenge the tender process?","issue_type":"procedural","dispositive":"yes","related_facts":"First respondent is private company; applicant participated in tender"}
- {"issue_text":"Is the relief sought competent given that the decision is not reviewable?","issue_type":"procedural","dispositive":"yes","related_facts":"Tender committee of private entity; no statutory obligation to tender"}
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background
Facts of the Case
Background
The applicant, a cleaning services company, sought an urgent interdict to prevent the first respondent (Delta Beverages) from implementing a tender award to the second respondent. The applicant alleged irregularities in the tender process involving inappropriate communication between employees of the first and second respondents.
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