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Harare High Court
HINGESTONE, HALLAMORE AND KOTCH SAFARIS (PRIVATE) LIMITED t/a HHK SAFARIS ZIMBABWE versus NYAMINYAMI RURAL DISTRICT COUNCIL and AFROPRIDE SAFARIS (PRIVATE) LIMITED and PROCUREMENT REGULATORY AUTHORITY OF ZIMBABWE
HH 414-24
Case Details
Court
Harare High Court
Date
13 September 2024
Citation
HH 414-24
Neutral Citation
[2024] ZWHH 414
Outcome
unknown
Case Type
Review
Bench
Presiding
CHITAPI J
Full Bench
CHITAPI J
Areas of Law
Administrative LawPublic ProcurementTender Law
Keywords
Tender awardAdministrative reviewProcurement processProvisional awardTender evaluation
Tags
Tender disputeProcurement lawAdministrative review
legislation
Statutes Cited
- Administrative Justice Act
- Public Procurement and Disposal of Public Assets Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether first respondent's decision to make provisional award and delegate final adjudication was lawful","issue_type":"law","dispositive":"yes","related_facts":"Council resolution making provisional award and delegating to Chief Executive"}
- {"issue_text":"Whether first respondent's conduct in issuing two conflicting letters was unlawful, irrational or unfair","issue_type":"mixed","dispositive":"partial","related_facts":"First letter awarding tender, second letter making conditional award"}
- {"issue_text":"Whether applicant established grounds for review under Administrative Justice Act","issue_type":"law","dispositive":"yes","related_facts":"Allegations of illegality, irrationality and unfairness"}
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background
Facts of the Case
Background
Applicant company challenged first respondent's decision to reverse tender award for sport hunting services in Omay South area. First respondent initially awarded tender to applicant, then sent correctional letter awarding it to second respondent conditionally. Court found first respondent acted irregularly by making provisional award and delegating final adjudication to Chief Executive.
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