CDV Law Prevails in Strategic Tender Interdict for The Document Warehouse
The ruling, delivered by Potterill J, reaffirms the courts’ commitment to fair and lawful public procurement and further cements CDV Law’s status as a leader in administrative and constitutional litigation.
The Tender Dispute: Risk to Public Integrity and Procedural Fairness
CDV Law’s client, TDW, had been the incumbent service provider to SASSA for seven years, with a solid track record in secure records management. In August 2023, SASSA awarded a new tender to another service provider, Metrofile, despite glaring shortcomings in its bid—particularly the failure to demonstrate lease agreements for secure storage facilities across key regions.
The documentation submitted by Metrofile either:
- Did not exist,
- Had already expired, or
- Failed to identify necessary operational details (such as location, term, or rental rates).
Despite this, SASSA proceeded to initiate the transition to Metrofile, prompting TDW—represented by CDV Law—to launch urgent proceedings to halt the award’s implementation.
CDV Law’s Legal Approach: Urgency, Irregularities, and Irreparable Harm
CDV Law advanced a clear and compelling case grounded in administrative fairness. It argued that:
- The tender award was unlawful and irrational, given the awarded bidder’s failure to comply with material bid conditions;
- Implementation would cause irreparable harm to TDW and could lead to the mishandling of sensitive records affecting millions of SASSA beneficiaries;
- The balance of convenience favoured maintaining the status quo, especially given that the awarded tender had not yet been implemented.
The firm also demonstrated that TDW had no alternative remedy and that a delayed review process would be rendered moot if the tender was allowed to proceed.
Court’s Findings: Vindication for TDW and CDV Law
The High Court agreed with CDV Law’s submissions, ruling that:
- TDW had demonstrated a prima facie right for review;
- Implementation of the tender would result in irreparable logistical and public interest harm;
- There was no lawful basis for proceeding with the tender in the absence of verified compliance documentation from Metrofile;
- SASSA and Metrofile were interdicted from negotiating or concluding any contract pending the finalisation of the review proceedings.
The Court also ordered the respondents to pay the costs of the urgent application, including the costs of two counsel.
Significance: Strengthening Accountability in Public Procurement
This ruling is a significant win not only for The Document Warehouse, but also for the broader cause of administrative justice. It reaffirms the legal expectation that organs of state must strictly adhere to their own procurement frameworks and may not bypass procedural requirements under the guise of urgency or convenience.
By challenging the flawed award and halting its implementation, CDV Law helped protect both commercial fairness and the public’s interest in reliable and secure record management—a cornerstone of effective governance.
CDV Law’s Leadership in Administrative Law
This case adds to CDV Law’s growing list of successful interventions in administrative and constitutional litigation. The firm continues to act for clients navigating high-stakes procurement reviews, interdicts, and government contract disputes with a precise blend of legal rigour and strategic foresight.
