TWENTY THIRD CENTURY (PRIVATE) LIMITED v MINISTER OF HIGHER AND TERTIARY EDUCATION, INNOVATION SCIENCE AND TECHNOLOGY DEVELOPMENT N.O. and PROCUREMENT REGULATORY AUTHORITY OF ZIMBABWE

Key Issues

• {"issue_text":"Whether the preliminary points (non-joinder, propriety of application, lack of cause of action) have merit.","issue_type":"procedural","dispositive":"no","related_facts":"Non-joinder of ZIMDEF; Compliance with Public Procurement Act; Pleadings in the application."}
• {"issue_text":"Whether the first respondent was entitled to initiate a new tender process (ZPCR33-2022) while a statutory appeal regarding the previous tender (ZPCR29-2021) was still pending.","issue_type":"law","dispositive":"yes","related_facts":"Issuance of new tender on 9 September 2022; Pending appeal on previous tender."}
• {"issue_text":"Whether the applicant is entitled to the final relief of cancellation and nullification of the tender process.","issue_type":"law","dispositive":"yes","related_facts":"The conduct of the first respondent; The terms of the final order sought."}
• {"issue_text":"Whether costs should be awarded on the attorney and client scale.","issue_type":"law","dispositive":"yes","related_facts":"The first respondent's opposition to the application despite pending appeal."}

Background