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The Gauteng department of health has welcomed a Supreme Court of Appeal (SCA) judgment overturning a high court ruling that had declared a R500m medical waste tender invalid.
The SCA set aside the ruling which had found the tender unlawful due to what the high court deemed an improper extension of the tender validity period.
Health spokesperson Motalatale Modiba said the department had always maintained that the high court misinterpreted the law and followed flawed procedures.
He said this included the granting of relief not properly sought or requested from the court and which led to the setting aside of the tender.
“From the beginning, the [department] expressed concern that the high court had acted beyond the scope of the matter brought before it,” Modiba said.
From the beginning, the [department] expressed concern that the high court had acted beyond the scope of the matter brought before it
Health spokesperson Motalatale Modiba
“This position was communicated in the department’s prior official statements on the matter released on 30 November 2023 and reaffirmed on 3 March 2024, following the department being granted leave to appeal the matter at the Supreme Court of Appeal.”
Sowetan’s sister publication, 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 Johannesburg, 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 exceeded that which was prayed for and 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 healthcare facilities across the province.
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