KEY POINTS
- The Supreme Court of Appeal refused to accept the security services appeal filed by the Western Cape government.
- The expired tender ended which started the new bidding procurement process.
- Security companies challenge the decision-making process that granted three firms contracts to operate at 258 hospitals since they believe it lacked reason.
The Supreme Court of Appeal rejected the Western Cape Provincial Government’s appeal regarding security services for provincial sites because it considered the case entirely resolved.
SCA rejects appeal on moot grounds
The Supreme Court of Appeal terminated the appeal because the previous tender had expired before the case was evaluated. The security service bidding process has moved forward after the tender conclusion because another tender process is currently active.
The new tender process needs to finish its completion by June 2025.
Judge Yvonne Mbatha at SCA stated that the disputed matter became irrelevant because the earlier contractual period finished on June 30, 2023. The problems brought to the appeal involved academic questions that did not impact the present conditions.
The court saw the appeal as a pointless effort to clarify the old framework agreement but chose not to address it therefore led to SCA Rejects .
Government persists despite mootness
The provincial government attempted to maintain their bid for the appeal by advocating that the raised issues had enduring significance toward future contractual agreements.
The review court chose to continue its previous decision by refusing to consider the appeal because it lacked new legal questions.
Security companies challenge tender process
Mark Hess as counsel for the security companies active in the case indicated Sechaba Security Services engaged in longstanding arguments about Health Department call-off procedures.
Hess stated that the companies disputed the three-company contract award for 258 hospital security because they believed it created an illogical safety hazard considering the prior tender included 36 participants.
