- The North Gauteng High Court has set aside a controversial fuel supply tender awarded by the City of Tshwane
- The bidder had allegedly paid 'kickbacks' to a front company belonging to EFF leader Julius Malema
- It was determined that the method used to award the tender was 'unconstitutional'
The North Gauteng High Court in Pretoria has officially set aside a fuel supply tender awarded by the City of Tshwane.
The R500 million tender had been exposed as to having a conflict of interest between one of the winning bidders and a city official by an AmaBhungane report.
One of the three companies that the tender was split between, Balimi Barui Trading, allegedly paid R15 million to companies reportedly linked to EFF leader Julius Malema and secretary-general, Marshall Dlamini.
The EFF holds a minority in the Tshwane council, nevertheless giving it 'kingmaker' status in the affairs of the city, reports News24.
It was revealed that the company had bid low on one fuel type that the city did not use, but charged sky-high for the two types it did indeed use.
The judgement slammed the method used by the city to come to the winning bidder, which involved adding the figures for all three types without considering the quantities needed:
"The use of this method of evaluating the tenders on price evidently had the result that BBT was evaluated to be the bidder with the lowest price [and scoring the highest points on the aspect of price], notwithstanding that BBT's tender prices in respect of the two products that were in fact required by the City for use was by far the most expensive."
The evaluation method, determined the court, opened the door up to corruption:
"The evaluation method opened the process up for abuse and corruption in that if a tenderer knew in advance that only two of the six products would actually be purchased by the City, it would make sense to tender high in respect of those products, but very low on the other products."
The court has since declared the decision undertaken by the city to award the tender 'constitutionally invalid' and set aside the contracts with the winning bidders.
Briefly.co.za reported that Malema is set to host a 'public interrogation' with journalists over allegations of involvement in the VBS scandal.
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