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MEB Energy (Pty) Ltd v Ndlambe Local Municipality & Others (7 July 2020)

7 July 2020

Case Number : 871/2020

High Court: Eastern Cape Division, Grahamstown

Date of judgment: 7 July 2020

Judge: Zilwa J

Citation: MEB Energy (Pty) Ltd v Ndlambe Local Municipality and Others (871/2020) [2020] ZAECGHC 70 (7 July 2020)

In this matter, an unsuccessful bidder, MEB Energy (Pty) Ltd, successfully reviewed the awarding of a tender by the Ndlambe Local Municipality to Quality Filtration Systems (Pty) Ltd (QFS).  Zilwa J set aside the contract due to the irregular and unlawful procurement process followed by the Municipality for the construction of a reverse osmosis plant on the banks of the Kowie River in the Eastern Cape. The court described the actions of the Municipal Manager in awarding the tender to QFS as “tainted with impropriety and irregularity, rendering the whole process nugatory.”

Read the judgment here.

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Section 24of the Constitution of the Republic of South Africa, 1996

Everyone has the right to an environment that is not harmful to their health or well-being; and to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that prevent pollution and ecological degradation; promote conservation; and secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.

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