Pecus Enterprises (Pvt) Ltd t/a Tagtel Communications v Powertel Communications (Pvt) Ltd and The Procurement Regulatory Authority of Zimbabwe

Key Issues

• {"issue_text":"Whether plaintiff ought to have exhausted preliminary remedies under Public Procurement Act","issue_type":"procedural","dispositive":"no","related_facts":"Plaintiff was successful bidder, cancellation occurred after 14-day period"}
• {"issue_text":"Whether first defendant was justified in cancelling tender award on public interest grounds","issue_type":"mixed","dispositive":"no","related_facts":"Second tender showed lower prices, first defendant relies on public funds"}
• {"issue_text":"Whether a contract existed between the parties","issue_type":"law","dispositive":"yes","related_facts":"Award letter stated draft contract being prepared, parties referred to draft contract"}
• {"issue_text":"If contract existed, whether first defendant breached it","issue_type":"law","dispositive":"no","related_facts":"Award was cancelled without contract being signed"}
• {"issue_text":"Whether plaintiff is entitled to damages","issue_type":"law","dispositive":"no","related_facts":"No contract found to exist"}

Background