Automated Summary
Key Facts
This case involves a review application by multiple AllPay and Micawber companies against the Chief Executive Officer of SASSA regarding the re-running of a tender process for social grants. The Constitutional Court issued an agreed order requiring SASSA to amend the Request for Proposals (RFP) by 2 April 2015, circulate it by 17 April 2015, and award the new tender by 15 October 2015. The court retained supervisory jurisdiction over the process, emphasizing that any further relief must be sought exclusively in this court, with beneficiaries' interests central to its jurisdictional discretion.
Issues
- Objection to Beneficiaries in the draft RFP
- Objection to Home deliveries in the draft RFP
- Objection to Functional evaluation criteria in the draft RFP
- Objection to Three free withdrawals in the draft RFP
- Objection to Biometrics in the draft RFP
Holdings
- The Court added a paragraph to its earlier order specifying that the parties may only approach this Court for further relief, ensuring that the interests of beneficiaries remain central to the exercise of the Court's supervisory jurisdiction. This was in response to CPS's application for ancillary relief and direct access, which sought to challenge the validity of the draft amended RFP and the tender process.
- The Court issued an agreed order with procedural deadlines: SASSA must amend the RFP by 2 April 2015, circulate it by 17 April 2015, receive bids by 17 May 2015, and award the new tender by 15 October 2015. These steps aim to expedite the re-run of the tender process following the invalidation of the previous contract.
Remedies
- The parties are restricted to seeking further relief exclusively from the Constitutional Court.
- SASSA shall implement proposed amendments to the RFP to address remaining objections by 2 April 2015.
- All bids must be submitted by 17 May 2015.
- SASSA is required to award the new tender by 15 October 2015.
- CPS is required to notify any remaining objections to the draft RFP by 16 April 2015 to the parties and the Court.
- SASSA must circulate the Request for Proposals (RFP) to all parties, the Court, and prospective bidders by 17 April 2015.
Legal Principles
The Constitutional Court applied judicial review principles to oversee the re-run of a social grant tender process, ensuring compliance with prior orders and constitutional requirements. The court emphasized its supervisory jurisdiction and the constitutional obligation of the service provider to maintain a workable payment system for beneficiaries.
Precedent Name
- AllPay 2
- AllPay 1
Judge Name
- Cameron
- Mogoeng
- Nkabinde
- Froneman
- Tshiqi
- Jappie
- Khampepe
- Molemela
- Madlanga
Passage Text
- To the extent that it is necessary to make this clear, an additional paragraph 5 should be added to the order already issued, but not on the terms suggested in the draft order.
- Review application in light of previous Court order — agreed order issued by the Court — judgment reserved on contested paragraph — Court retains supervisory jurisdiction — paragraph added to order to provide that further relief may only be sought in this Court — interests of the beneficiaries will be central to the exercise of the Court's jurisdictional discretion
- 5. The parties may only approach this Court for further relief.