The firm takes PRAZ, ZIMDEF to court
TWENTY Third Century Systems (TTCS), a local provider of digital software and hardware solutions, is embroiled in a legal dispute with the Zimbabwe Workforce Development Fund (ZIMDEF) and the Public Procurement Regulatory Authority of Zimbabwe (PRAZ) regarding a contract awarded to a digital competitor. company.
This follows the award of a contract by PRAZ to Tigo Digital Solutions Services (TDSS) and its subsequent implementation before a resolution was reached after TTCS challenged an appeal clause of bids requiring bidders to hold an SAP license. SAP is a Germany-based software group operating in nearly 110 countries.
According to court documents, ZIMDEF issued a tender notice for the provision of SAP software support services in October 2021, in which TTCS participated. TDSS also filed its offer.
After submitting its bid, TTCS filed a notice with PRAZ in November 2021 challenging the requirement for bidders to have an SAP license, which it does not have.
TTCS argued that the condition was “restrictive, unreasonable and anti-competitive” because it did not promote competition between bidders. In January, PRAZ wrote to TTCS to inform it that a review committee had been formed to look into the dispute. While the decision had not yet been made, PRAZ awarded the tender to TDSS.
ZIMDEF and TDSS then executed the contract. Meanwhile, Germany-based SAP, the global leader in enterprise software and software-related services, had previously informed PRAZ that where subcontractors are not SAP partners, they can offer SAP services as long as they have SAP-certified consultants and experience.
In a bid to stop the execution of the tender, TTCS filed a petition in the High Court seeking to set aside PRAZ’s decision awarding the tender to TDSS before the decision was taken. by the review committee. On March 30, the High Court judge, Judge Owen Tagu, ruled in favor of the TTCS. In granting the interim measure, Judge Tagu ruled that pending the decision of the TTCS court request, the implementation of the contract should be suspended, according to court documents.
ZIMDEF then filed an appeal with the Supreme Court to overturn the ban.
“The finding of the appeal by the first defendant (ZIMDEF) thus suspends the operations of the judgment (of justice) Tagu, rendered on March 30, 2022”, pleads Mr. Michael Goneso, general manager of TTCS through a founding affidavit to the High Court. .
“This implies that the tender execution process can now continue notwithstanding the judgment of this court suspending it. This necessitated the filing of this request for authorization to execute pending the decision on the ‘call.
“I am advised that in an application for leave to execute pending appeal, the following factors are considered. First…the possibility of irreparable harm and harm to the applicant (TTCS) if the permission to enforce is denied or the possibility of irreparable harm and harm to the defendant, if permission to enforce is granted.
“Second, the chances of success of the appeal, whether the appeal is frivolous or vexatious or whether it was noted not with the real intention of correcting a genuinely perceived wrong, but simply to save time.”
“I affirm that the execution of the adjudication should be suspended until the resolution of the request for review of the court. This is so because the awarding of the offer to the third defendant (TDSS) is manifestly illegal and will be cancelled.
“It is fair and consistent with the requirements of substantial justice that the execution of the tender be suspended pending the resolution of all disputes that have been made against the procuring entity (PRAZ).”