EXR Construction Lesotho Pty Ltd V The Principal Secretary, Ministry of Local Government and Chieftainship (CCA/0049/2018) [2022] LSHC 115 (31 August 2022);

SUMMARY:
Tender – Whether a tender can be rejected at the review stage – Whether a Procurement Unit has discretionary powers to condone non – Compliance with the requirements of tender invitation – Regulation 28 couched in peremptory terms and overly rigid – A tender must be rejected at a review stage if it is non – Compliant with the requirements of tender invitation.
IN THE HIGH COURT OF LESOTHO
(Commercial Court Division)
HELD AT MASERU CCA/0049/2018
In the matter between:
EXR CONSTRUCTION LESOTHO (PTY) LTD APPLICANT
And
THE PRINCIPAL SECRETARY, MINISTRY OF