MWI Zimbabwe (Pvt) Ltd v Ruwa Town Council & Anor

HH 237-11

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Case Details

Court

Harare High Court

Date

2 September 2011

Citation

HH 237-11

Neutral Citation

[2011] ZWHH 237

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Kudya J

Full Bench

Kudya J

Areas of Law

Administrative LawPublic Procurement

Keywords

Tender awardResolution rescissionLegitimate expectationInterdict

Key Issues

{"issue_text":"Whether the council properly rescinded its resolution of 18 July 2011 under section 89 of the Urban Councils Act","issue_type":"procedural","dispositive":"no","related_facts":"Council meeting of 12 August 2011, notice requirements"}
{"issue_text":"Whether the applicant had a prima facie right or legitimate expectation to the tender award","issue_type":"law","dispositive":"yes","related_facts":"No official communication to applicant, public tender process"}
{"issue_text":"Whether the minister properly exercised power under section 314 to rescind council resolution","issue_type":"law","dispositive":"no","related_facts":"Minister's letter of 16 August 2011"}

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Facts of the Case

Background

The applicant sought an interim interdict to prevent the award of a water supply tender to the second respondent, claiming it had been awarded the tender by council resolution on 18 July 2011. The council had purported to rescind this resolution on 12 August 2011, and the minister had also purported to rescind it on 16 August 2011.

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