In terms of the Constitution, the Preferential Procurement Policy Framework Act (“the PPPFA), the Public Finance Management Act (“the PFMA”) and other prevailing legislation, administrative bodies are required to put out tenders and consider and award tenders within that legislative framework and to align their procurement processes therewith. In addition, the internal procurement processes and policies of such administrative bodies, should be drafted and provide for their procurement in line with the provisions and prescripts of the prevailing legislation.

In circumstances where an internal appeal procedure is not provided for in terms of empowering legislation or otherwise, tenders that are awarded – and similarly, other administrative actions – in contravention of such procurement law prescripts, remain valid and can only be reviewed and set aside in a High Court in line with the provisions of PAJA and/or by relying on the principles of legality.