POLOKWANE – The Greater Tzaneen Municipality has on Thursday released a press statement, welcoming the court Judgment that was delivered at the High Court in Polokwane in the matter between the municipality and Tshiamiso Trading 135 PTY Ltd.
This judgment clears a path for the Greater Tzaneen Municipality to complete the Mulati Access Road project and the Codesa to Hani Street project.
The process to appoint new service providers has already commenced and it is estimated to be completed within the next two weeks.
In the statement, the GLM has alluded that the respondent has a right to appeal the court Judgment and that they will decide on the way forward if such an appeal is lodged.
Below is the order by Judge MG Phatudi, handed down on Thursday, 28 January 2021.
a)”The decision of the applicant (Greater Tzaneen Municipality ) to award tender SCMU 15/2018(Mulati) and Tender SCMU 21/2018 (Codesa) respectively, to the respondent (Tshiamiso Trading 135 Pty Ltd), is declared unlawful and constitutionally invalid. “
b)”The agreement concluded between the applicant and the respondent under the awarding of the Mulati tender and the Codesa Street Tender respectively, are set aside and “
c)”That’s it is declared that notwithstanding the setting aside of the agreements referred to in (b) above and concluded according to the awarding of Mulati Tender in (a) above, the respondent is entitled to claim the actual expenses incurred Excluding any profits that the respondent actual made in executing its obligations in terms of the said tenders.”
d)”Further that, Applicant in so far as it has paid the Respondent an amount that exceeds the actual expenses in either Mulati Tender and the Codesa Street Tender referred to in (a), above. “
e)”Further that the respondent is ordered to pay the Applicant’s costs on attorney and client scale, such cost shall include the cost of tow counsel where employed. “
In conclusion, the Greater Tzaneen Municipality highlighted that their focus now is on completing the two projects and with the mission of giving the people of Mulati and Nkowankowa what is due to them.
