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Centlec Cries Foul Over Court Verdict, As Judge Finds Flaws In Tender Award

Interesting developments have taken place at Centlec since our article “Power Cut at Centlec, as Judge declares tender irregular”

in which Lele Mamatu, Centlec spokesperson said “the management still have to study the judgement before they comment”. Rather than responding to questions that Step Up SA News asked them, Centlec instead has chosen to release a media statement.

The statement released on the 19th January 2022, exactly 47 days after Judge J Daffue delivered a scathing judgement, Centlec is not appealing the judgement.

“It is not Centlec’s intention to appeal against the judgement because Centlec accepted during the hearing of the review application that the validity period had lapsed when the tender award was made,” reads the statement.

While Centlec accepts the judgement and it has no appetite to appeal, it finds the court made errors in judgement.

“The court has incorrectly stated in the judgement that the tender was awarded to Ignite despite it having failed to submit mandatory MBD3.3 form, but the same document was part of the record which was filed with the court. The court also incorrectly stated that the pricing schedule was not provided when the pricing schedule was part of the record.”

However according to judge Daffue, “an opportunity was provided to the respondents to their supplementary answering affidavits, but they failed to do so.”

If Centlec is of this strong view that the court made errors, it’s peculiar that they are not appealing.

Having waited for answers to our specific questions since 10 January 2022, it is evident Centlec will not respond.

We asked Centlec to respond to the following questions:

a) The above-mentioned judgement did not only set aside the tender awarded to Ignite Security but declared it unconstitutional and invalid, will Centlec be appealing?

b) Ignite Security failed to submit pricing schedule, why where they not disqualified?

c) According to Defensor, Annexure E is missing, how did the BEC arrive at awarding when the most important document is missing?

d) Has Centlec initiated new bidding process as directed by the Judge?

e) Has anyone been held accountable for this?

f) How much has been paid to Ignite Security this far?

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