Tsholotsho Rural District Council v J Mambara, N.O and The Procurement Regulatory Authority of Zimbabwe and Lodzi Hunters (Pvt) Ltd

Key Issues

• {"issue_text":"Whether the 3rd respondent's notice of opposition and opposing affidavit are in substantial compliance with rule 233 of the High Court Rules 1971, and if not, whether it should be condoned.","issue_type":"procedural","dispositive":"no","related_facts":"The 3rd respondent's notice of opposition failed to indicate the date of service of the application."}
• {"issue_text":"Whether the applicant exhausted domestic remedies.","issue_type":"law","dispositive":"yes","related_facts":"The applicant filed this application in the High Court instead of appealing to the Administrative Court."}
• {"issue_text":"Whether the review panel acted ultra vires its powers by raising mero motu an issue not raised by the parties.","issue_type":"law","dispositive":"yes","related_facts":"The Panel raised the issue of lack of Cabinet clearance on its own motion."}
• {"issue_text":"Whether the application for review by the 3rd respondent complied with section 74 (1) (b) of the Public Procurement and Disposal of Public Assets Act 5/17 regarding time limits.","issue_type":"law","dispositive":"yes","related_facts":"The 3rd respondent filed its review application 6 days after lodging its challenge."}

Background