PPADB appeals multi-million tender awarded to Zac Construction

The Public Procurement and Asset Disposal Board (PPADB) has approached the Court Of Appeal in a bid to have a multi-million tender awarded last year to Zac Construction cancelled. 

The tender involves the construction of infrastructure development at Metsimotlhabe Block 4 which was awarded through the High Court to Zac Construction- a company owned by well-known businessman man Nicholas Zakhem. Yesterday (Monday) a panel of three judges consisting of Justice Hamilton, Justice Gaongalelwe and Justice Abernathy spent the whole day hearing the case in which the PPADB is appealing judgment that was made by Lobatse High Court judge Abednico Tafa when he awarded Zac Construction the tender. 

PPADB advocate Geoff Budlender argued in court that the application for judicial review by Zac Construction was premature as they could have sort domestic remedies first. He said apart from that, Zac Construction’s bid failed to show the critical path needed for the tender.“There are no basis for an order directing the PPADB to award the tender to Zac Construction as they failed to sought an order setting aside the decision of the PPADB not to award the tender,” said the advocate.

In his argument Zac Construction attorney, Senior Council, John Peter said the PPADB has failed to offer arguments to support their ground. He said the domestic remedies could not be followed as dispute only rose after the termination of the procurement and disposal process and not in connection to any subject matter in respect of which the independent committee had statutory jurisdiction.

He pointed out that the rejection of Zac Construction on the basis that there was absence of the critical requirement is unreasonable considering the fact that it was decided earlier by the board that the absence of a critical path was a minor deviation. Said Peter, “tenders that lacked the critical part were regarded as technically compliant.”

He added that a report compiled in June 2013 which is the formal base of the affidavit does not indicate any irregularities on the tender and all evidence indicates that all engineers confirmed that Zac Construction had complied with all requirement. He added that from the beginning and throughout the stages of procurement the board was happy to go along with the deficiencies in the tender document and even recommended ZAC Construction for the tender.

“How could they then just suddenly change their mind later without any explanation,” he said adding that to turn and regard the minor deviation as major was a way of finding reasons to disqualify the bid. “We have been wronged and its up to the courts to see that.” Judgment of the matter will be delivered on Judgment day February 5.