I have read the applicant's application dated 31 March 2026 seeking that the substantive motion of even date be admitted for hearing during this Honourable Court's Easter Recess. I gather from the pleadings and the affidavits filed by the petitioner that he is a candidate in the tender floated by the respondents, more particularly described as "Tender No. KPA/060/2025-26/HSE for the Provision of Mobile Toilet Services".
According to section 167 (1) of the Public Procurement and Asset Disposal Act No. 33 of 2015, a candidate or a tenderer, who claims to have suffered or to risk suffering, loss or damage due to the breach of a duty imposed on a procuring entity by this Act or the regulations, may seek administrative review within fourteen days of notification of award or date of occurrence of the alleged breach at any stage of the procurement process, or disposal process as in such manner as may be prescribed."
Rather than seek administrative review, the applicant has filed a constitutional petition. Before this Honourable Court issues any orders, parties are invited to make submissions on this point as a preliminary point of law; that is, whether it is open to the applicant to pursue a remedy for his grievances by way of a constitutional petition instead of the review and appellate mechanisms provided under the Public Procurement and Asset Disposal Act.
I will therefore not certify the application as urgent. Instead, I direct that the application be served forthwith. Parties are directed to file and exchange written submissions on the preliminary issue of law within 14 days of the date of this order. Highlighting of submissions will be on 4 May 2026. It is so ordered.
According to section 167 (1) of the Public Procurement and Asset Disposal Act No. 33 of 2015, a candidate or a tenderer, who claims to have suffered or to risk suffering, loss or damage due to the breach of a duty imposed on a procuring entity by this Act or the regulations, may seek administrative review within fourteen days of notification of award or date of occurrence of the alleged breach at any stage of the procurement process, or disposal process as in such manner as may be prescribed."
Rather than seek administrative review, the applicant has filed a constitutional petition. Before this Honourable Court issues any orders, parties are invited to make submissions on this point as a preliminary point of law; that is, whether it is open to the applicant to pursue a remedy for his grievances by way of a constitutional petition instead of the review and appellate mechanisms provided under the Public Procurement and Asset Disposal Act.
I will therefore not certify the application as urgent. Instead, I direct that the application be served forthwith. Parties are directed to file and exchange written submissions on the preliminary issue of law within 14 days of the date of this order. Highlighting of submissions will be on 4 May 2026. It is so ordered.