If you’ve lost a government tender and suspect it was unfairly awarded, a tender review lawyer can help you challenge the decision. In South Africa, public procurement is tightly regulated, and legal remedies are available when tenders are awarded unlawfully.
Understanding Tender Reviews
A tender review is a legal process where a rejected bidder challenges the fairness or legality of a government tender award. The goal is to ensure that public procurement remains transparent, competitive, and in line with the constitutional promise of administrative justice.
Under South African law, tenders must be evaluated fairly, with all bidders treated equally. However, irregularities such as bias, procedural errors, or non-compliance with procurement regulations often occur. In such cases, a review provides aggrieved bidders an avenue to seek lawful remedies, including setting aside the award.
What does tender review mean? It refers to the evaluation and possible legal challenge of decisions made during the tender process, especially those that lack fairness, transparency or compliance with procurement laws.
Tender Review Process in South Africa
South Africa’s legal framework for tender reviews is largely governed by the Promotion of Administrative Justice Act (PAJA), which gives any person affected by an administrative decision the right to a procedurally fair process.
Here’s how the process typically unfolds:
- Internal appeal (optional but recommended): Some organs of state offer an internal appeal or dispute resolution channel, although not mandatory.
- Lodging a judicial review application: If the internal process fails or isn’t available, the disappointed bidder may bring a review before the High Court.
- Review grounds: These may include non-compliance with tender regulations, procedural unfairness, bias, or an irrational decision.
- Review timeline: Proceedings under PAJA are ordinarily instituted within 180 days of the date on which the applicant became aware of the administrative action (PAJA s7(1)(b)); courts may grant condonation in appropriate circumstances.
This is where SB Lawyers comes in. Instead of grappling alone with legal technicalities and court deadlines, they handle judicial review applications on your behalf, ensuring procedural fairness and adherence to legal principles from start to finish. Understanding the proceedings attorneys must follow across the different courts in SA is crucial for a successful challenge.
The courts evaluate whether the administrative action by a public authority was lawful, reasonable, and fair. A successful case can result in the award being set aside, requiring the institution to restart or rectify the tender process.
Common Issues and Legal Challenges
Many government procurement processes in South Africa suffer from irregularities. The most common issues include:
- Non-compliance with bid specifications
- Inconsistent scoring methodologies
- Awarding contracts to ineligible bidders
- Failure to adhere to Section 217 of the Constitution, which mandates fairness, equity, and transparency
Illustrative example: courts have set aside tender awards where material non-compliance (including nondisclosure of material information) was established.
These examples demonstrate that courts take transparency and procedural compliance seriously.
| Irregularity | Legal Remedy |
| Unfair scoring | Judicial review |
| Ineligible winning bidder | Disqualification via court |
| Lack of publication of results | Mandamus for procedural fairness |
| Biased selection committee | Recusal and rerun of evaluation |
Importance of Tender Review Lawyers
Engaging a tender review lawyer is not just about going to court — it’s about strategy, timing, and protecting your company’s long-term opportunities. Public entities often make high-stakes decisions that affect livelihoods and business viability. You need professionals who understand contract law, procurement law, and administrative law intricately.
Beyond litigation, lawyers assist by:
- Identifying irregularities before they escalate
- Advising on compliance when responding to RFPs
- Drafting objections and legal correspondence to public authorities
- Preparing affidavits and court-ready applications
Going it alone risks missing a strict deadline or framing an argument poorly. This is where SB Lawyers stands out. We have offices in Pretoria and Nelspruit and experienced attorneys; readers should verify firm credentials on the firm’s official website or the Legal Practice Council directory.
Many clients assume hiring attorneys is expensive. But in context, it’s a cost-effective way to protect millions in potential revenue. Attorney hourly rates vary widely by firm, specialisation and location; clients should request the firm’s fee schedule.
SB Lawyers—Your Partner in Tender Disputes
Founded in 1997 and led by seasoned attorneys Daniel Schoeman and Yolandie Borman, SB Lawyers has become a go-to legal partner for public procurement disputes. Their focus on transparency, administrative law, and judicial review has helped numerous companies secure justice.
In one high-profile case, SB Lawyers challenged a tender where a municipal department appointed a company lacking CIDB registration — a clear violation of regulations. Their legal team swiftly filed a review application, citing non-compliance, procedural unfairness, and unjustifiable scoring. The court ruled in favour of SB Lawyers’ client, and the tender was re-evaluated, ultimately awarded to the rightful bidder.
Their strategic advice goes beyond immediate litigation. The firm often hosts workshops for internal procurement teams, helping clients understand compliance requirements and reduce future risks. For businesses involved in franchising or commercial agreements, SB Lawyers also provides guidance on how commercial lawyers protect franchisees and franchisors.
What sets SB Lawyers apart:
- Deep understanding of the procedural and legal intricacies of public procurement
- Direct client involvement in strategy and decisions
- Capacity to act swiftly within the 180-day PAJA window
- Offices in both Gauteng and Mpumalanga, making us locally accessible
The Legal Framework: More Than Just Procedure
Public procurement in South Africa is governed by several important laws and regulations:
- The Constitution (Section 217): Mandates fairness, equity, competitiveness, transparency, and cost-effectiveness
- Promotion of Administrative Justice Act (PAJA): Allows for review of unfair, irrational, or unlawful administrative action
- Preferential Procurement Policy Framework Act (PPPFA): Includes the familiar 80/20 rule
What is the 80/20 rule in tender? It’s a preference point system used in evaluating tenders below a certain threshold. For certain procurement thresholds prescribed in the PPPFA Regulations an 80/20 points system is used (80 points for price, 20 for preference points such as B-BBEE), but the applicable system depends on the procurement value and current regulations.
These legal instruments aren’t just technical guidelines—they establish enforceable rights for bidders. If public authorities don’t act reasonably or lawfully, courts can intervene.
Even the Constitutional Court has affirmed that public procurement must foster accountability and administrative justice. Failing to comply with fair procedures amounts to a violation of constitutional values.
What You Need to Know Before Taking Action
If you suspect a flawed tender award, time is critical. Here’s a quick checklist to guide you:
Tender Review Checklist
- Act fast – Reviews under PAJA must be filed within 180 days.
- Gather documentation – Keep copies of your submission, bid specs, and scoring sheets.
- Request reasons – Ask the public authority for written reasons under PAJA.
- Consult specialised attorneys like SB Lawyers immediately.
- Assess the remedy – Options include setting aside the tender or re-submission of bids.
Many companies delay legal assistance, hurting their chances. The most successful challenges are those that involve legal guidance early — not just when it’s time to litigate.
Frequently Asked Questions
What is the most common complaint against a lawyer?
The most common issues include lack of communication, dishonesty, or neglect. At SB Lawyers, client communication is a core value, and transparency is non-negotiable.
How much do lawyers charge per hour in South Africa?
Fees vary widely. On average:
- Senior Attorney: R2,200 – R2,500 per hour
- Junior Attorney: R1,800 – R2,000 per hour
- Candidate Attorney: R1,300 – R1,500 per hour
SB Lawyers may also provide alternative billing arrangements depending on scope and period involved.
Losing a tender doesn’t mean losing your rights. With the right legal team, you can challenge irregular procurement decisions and insist on fair treatment. SB Lawyers has the expertise, strategic insight, and track record to assist you through complex reviews, judicial review applications, and litigation involving public tenders.
Contact us today at their Pretoria or Nelspruit offices to discuss your case.
- Pretoria: 565 Cliff Avenue, Waterkloof Ridge
- Nelspruit: Merci, Dieu Office Park, 24 Mostert Street
- Web: sblawyers.co.za
Looking for expert assistance in navigating South Africa’s public procurement law? Reach out to SB Lawyers – your trusted partner in tender reviews.