By Paul Emanuelli

The High Court of South Africa granted two injunctions against public tendering processes after finding serious bid evaluation irregularities. In April 2016 in Down Touch Investments (Pty) Ltd v. Matjhabeng Local Municipality the court granted an injunction against a construction tender and in May 2016 in Dimension Data (Pty) Ltd v. State Information Technology Agency (SOC) Ltd it granted an injunction against a IT services tender. In both cases, the court found both that the complaining bidders could suffer irreparable harm if the awards proceeded and that that the government would not be unduly inconvenienced by the resulting delays.