SCA overturns ruling on R500m Gauteng medical waste tender
TimesLIVE previously reported that Buhle Medical Waste had brought an urgent application in the Johannesburg high court to interdict Tshenolo Waste and Phuting Medical Waste Management from commencing their services, pending the outcome of a review into the awarding of the contracts.
Tshenolo Waste had been awarded a R314m contract to collect and dispose of medical waste in Tshwane and Joburg, while Phuting Waste received a R211m contract covering the West Rand, Sedibeng and Ekurhuleni.
However, in November last year, the high court set aside the tender.
In its ruling dated July 15, the SCA found that the high court erred in setting aside administrative action through a declarator.
'The relief granted by the high court ... affected Tshenolo and other parties directly by depriving them of the opportunity to file comprehensive answering affidavits to the review application,' said judge Elizabeth Baartman.
Modiba said the ruling affirmed the department's commitment to due process and fairness.
He added that it also ensured the uninterrupted delivery of essential services, including the safe and consistent removal of medical waste from health care facilities across the province.
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SCA overturns ruling on R500m Gauteng medical waste tender
'This position was communicated in the department's prior official statements on the matter released on November 30 2023 and reaffirmed on March 3 2024, after the department being granted leave to appeal the matter at the Supreme Court of Appeal.' TimesLIVE previously reported that Buhle Medical Waste had brought an urgent application in the Johannesburg high court to interdict Tshenolo Waste and Phuting Medical Waste Management from commencing their services, pending the outcome of a review into the awarding of the contracts. Tshenolo Waste had been awarded a R314m contract to collect and dispose of medical waste in Tshwane and Joburg, while Phuting Waste received a R211m contract covering the West Rand, Sedibeng and Ekurhuleni. However, in November last year, the high court set aside the tender. In its ruling dated July 15, the SCA found that the high court erred in setting aside administrative action through a declarator. 'The relief granted by the high court ... affected Tshenolo and other parties directly by depriving them of the opportunity to file comprehensive answering affidavits to the review application,' said judge Elizabeth Baartman. Modiba said the ruling affirmed the department's commitment to due process and fairness. He added that it also ensured the uninterrupted delivery of essential services, including the safe and consistent removal of medical waste from health care facilities across the province.
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