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Phoenicians response: > Raubex does not possess the mandatory specialised CIDB grading of g SE or g SC; > Raubex did not attach the required Engineering Council of South Africa (ECSA) verification document; > Raubex was not entitled to undertake the work as the construction works involves highly specialised capabilities; > As the project forms part of 66 tender packages all relating to the dam, an equitable distribution of work to several contractors with a different grading is ensured; > The non-compliance of Phoenician and its nominated subcontractors were not dis-qualifiable offences and could be cured through the discretion of the department; and > Phoenician fully complied with all requirements relating to functionality under Phase 3 of the evaluation process, and submitted all necessary required returnable documents, including the mandatory qualifications or experience ofits key project team members.

Application Raubex applied for an interim interdict against the department from giving instructions to Phoenician or any other tenderer to perform the work pending the finalisation of an application to review and set aside the tender.

Judge Chantel Fortuin said the tender that Raubex sought to interdict was for drilling and blasting of the foundations and the installation of lateral support for the dam.

She dismissed the application for condonation for the delay in its application for review.