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Harare High Court

TWENTY THIRD CENTURY (PRIVATE) LIMITED v ZIMBABWE MANPOWER DEVELOPMENT FUND and PROCUREMENT REGULATORY AUTHORITY OF ZIMBABWE and TANO DIGITAL SOLUTIONS (PRIVATE) LIMITED

HH 506-22

Case Details

Court
Harare High Court
Date
26 July 2022
Citation
HH 506-22
Neutral Citation
[2022] ZWHH 506
Outcome
unknown
Case Type
Review

Bench

Presiding
CHINAMORA J
Full Bench
CHINAMORA J
Areas of Law
Administrative LawPublic Procurement Law
Keywords
Review PanelImproper ConstitutionJurisdictionNullityTender
Tags
Public ProcurementJudicial ReviewAdministrative Law
legislation
Statutes Cited
  • Administrative Justice Act
  • Administrative Justice Act
  • Public Procurement and Disposal of Public Assets Act
  • Public Procurement and Disposal of Public Assets Act
  • Public Procurement and Disposal of Public Assets Act
  • Public Procurement and Disposal of Public Assets Act
  • Public Procurement and Disposal of Public Assets Act
  • Public Procurement and Disposal of Public Assets Act
  • Public Procurement and Disposal of Public Assets Act
  • Manpower Planning and Development Act
  • Manpower Planning and Development Act 1984
  • Manpower Planning and Development Act
ai analysis
Case Summary

Key Issues

  • {"issue_text":"Whether the Review Panel was properly constituted in terms of section 75(4) of the Public Procurement and Disposal of Public Assets Act","issue_type":"procedural","dispositive":"yes","related_facts":"Composition of the Review Panel; Appointment of members"}
  • {"issue_text":"Whether the 2nd respondent complied with the mandatory requirement to advertise for panelists under section 75(2)(b)","issue_type":"procedural","dispositive":"yes","related_facts":"Absence of advertisements"}
  • {"issue_text":"Whether the decision of the Review Panel is a nullity due to lack of jurisdiction","issue_type":"law","dispositive":"yes","related_facts":"Improper constitution of the panel"}
  • {"issue_text":"Whether this court has jurisdiction to hear the application despite the existence of alternative remedies under section 77","issue_type":"procedural","dispositive":"no","related_facts":"Applicant approached High Court directly"}
This summary was generated by AI. Use Zalari to read the full judgment.
background
Facts of the Case

Background

The applicant challenged a tender award for SAP software services, arguing that the tender process was flawed and that the review panel was improperly constituted. The court found that the review panel did not comply with statutory requirements for its composition, making its decision a nullity.
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