THE Special Tribunal has ruled that a R103 million Gauteng Health Department personal protective equipment (PPE) tender awarded to Zakheni Strategic Supplies is unlawful and invalid.
The Special Investigating Unit (SIU) successfully applied to the tribunal to have the tender set aside following investigations into how it was awarded.
In her judgment, tribunal President Judge Lebogang Modiba ordered the company to pay back any profits derived from the tender.
“The irregular manner in which the contract was awarded constitutes a material infraction to the constitutional values of fairness, transparency, equity, effectiveness and cost effectiveness. Therefore, it is just and equitable to set aside the contract.
“On the authority in All Pay, Zakheni is not entitled to profit from an irregular contract. I find no basis to exercise my discretion to permit Zakheni to benefit from the contract under the present circumstances. It is therefore just and equitable that Zakheni is
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