Secretive Kouga council "acted against Constitution" costing us R200 000

A High Court judge found that Kouga’s procurement process did not comply with the Constitution and that the municipality had shown a “flagrant disregard” for its constitutional obligations.

Now the municipality must change its tune in awarding tenders and pay legal costs to the amount of more than R200 000.

“In my view, the conduct of the first respondent (Kouga) was not fair, not equitable, and not transparent,” Judge J Eksteen said. He found that Kouga had lulled a contractor into a false sense of security with its repeated extensions and ambiguous correspondence, all the while concluding a contract with the other company.

The matter relates to the municipality's invitation for tenders for an access road in Jeffreys Bay in Janaury 2009. Although consultant firm, Aurecon, recommended a contractor for the job in its tender report, the municipality appointed another company.


Click here to read the report in The Herald.