The Gauteng Local Division of the High Court, has confirmed illegality and unconstitutionality of city red fleet tender process and award under former mayor on Tuesday. Last month the court has handed down judgement pursuant to an earlier order of invalidity.
It was made in relation to the City’s tender process for the procurement of 92 fire and rescue vehicles (‘the red fleet’). The above order stems from the judgment of the High Court handed down on 2 June 2020. This is in terms of which it declared the tender process for the procurement of the red fleet.
The choice to grant the delicate, and the resulting contract between the principal respondent and the subsequent respondent delicate unlawful and intrinsically invalid. The announcement of shortcoming was suspended by the High Court forthcoming its assurance of a fair and impartial cure under segment 172(1)(b) of the Constitution.
The Executive Mayor of the City, Cllr. Geoffery Makhubo, has once more lamented that “the judgement confirms that the previous administration under former Mayor Mashaba, was a corrupt and ethically flawed administration whose actions sought to award tenders in the City without adherence to due process and legislation,”
“City of Johannesburg under the former Mayor and Councilor Michael Sun paid R 172 million for fire engines that were and still are, desperately needed by the City but that were never delivered and were procured on defective specifications.”
These illegal, irregular and unconstitutional procurement processes that characterized the DA/EFF reign of impunity in the City. This has led to the City accumulating a record R 3, 5 billion in unauthorised, irregular, wasteful and fruitless expenditure in the 2018/19 and 2019/20 financial years.
“We are pleased that the Courts have ordered that the fire engines paid for by the City be delivered within 60 days and that the remainder of the order for remaining vehicles was declared legally invalid, cancelled and terminated forthwith.”
“The judgement now opens way for the city to undertake a legal and competitive process in line with s217 of the Constitution for the procurement of fire and rescue vehicles to meet the current requirements and mitigate the risk currently suffered by residents.”
Makhubo wished to assure residents that the City will move swiftly to procure fire and rescue vehicles. He said that he will do so in a legal, transparent and competitive manner which is a departure from past practice under the previous administration.
