Another Win Against Food Tender Irregularities

On Monday, 14 November 2022 in the Mpumalanga High Court, BDK Attorneys, with Director Ulrich Kruger at the helm succeeded in having a tender by the Mpumalanga Department of Education relating to the provision of food to primary, secondary and boarding schools in the province, declared unlawful, reviewed and set-aside.

BDK Attorneys approached the Mpumalanga High Court on an urgent basis on behalf of our client, a well-seasoned supplier of food items to schools across South Africa, as the decision to publish the tender was unlawful, unreasonable, and inconsistent with the legislative framework and section 217 of the Constitution of the Republic of South Africa.

We are pleased that the Order was made final yesterday and that the Mpumalanga Department of Education must now go back to the drawing board to make provision for the supply and delivery of food to boarding schools in the Mpumalanga Province.

Whilst the litigation took place, the Department was also barred from continuing with the tender process, which in turn prevented unlawful conduct. Our client walked away with a cost order against the Department.

BDK Attorneys remains proud to be at the forefront of legal innovation and expertise, where we can not only protect the interests and rights of our clients, but also the broader community who more often than not bears the brunt of decisions made by functionaries that are unlawful and inconsistent with our prevailing legislative framework.

Meet Ulrich Kruger 

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