Justice Boipuso Makhwe suspended the tender by granting Net Builders, a construction company, an interdict following its decision to approach court after suspecting that its tender document was tempered with. According to the judgment, the company had in 2022 responded to a tender by the BDF for construction of the organ’s facilities and around April it was allegedly rejected for giving a project mobilisation of 52 weeks. Net Builders then alleged its tender document was tempered with as it had given a two week projection contrary to the alleged 52 mentioned when it was rejected. In the judgment, Justice Makhwe made the interim interdict final saying in her view there need to be an investigation to ascertain whether indeed what is alleged happened as the said allegations could have had an impact in the applicant's bid disqualification. “If the interdict is not granted, the applicant stands to suffer irreparable harm as a contract would have been signed and the matter would be a moot exercise. Having said that, it is my considered view that the applicant has met the requirements of an interim interdict. “As such I find that the point raised by the respondents that the applicant has not met the requirements for an interim interdict must fail,” she said.
The judge explained that according to the applicant, despite its complaint, it was never called for a hearing as anticipated under Section 104 (3) of the Public Procurement Act. She said Net Builders had insisted that it had stated two weeks and not 52 weeks, that there had been tempering with its bid document and made it appear as if it had stated that it would mobilise the project in 52 weeks. “This, according to the applicant was the sole reason for its disqualification and award of the award to the 3rd Respondent being Zebra Construction. The applicant therefore intends to seek a review of the Accounting Officer's decision as it believes that its complaint was never properly addressed, hence its request that it be granted an interim interdict,” Justice Makhwe said. Justice Makhwe further grated the interdict by citing that “In the Hitecon matter cited supra, Justice Zein Kebonang states that ordinarily, where an interdict is sought pending the hearing of a review application, the Court must, in deciding whether to grant it or not, peep into the grounds for review filed to determine whether there are strong prospects of success. I totally agree with him”. She pointed out that Net Builders stated that it was second after Sharps Electrical which was awarded the Francistown project and that had there been no tempering with its bid document, it would have been awarded the Thebephatshwa project and not Zebra Construction.
