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Medical Equipment Consult Ltd v Public Procurement & Disposal of Public Assets Authority (HCT -00-CC-MC 6 of 2011)

High Court · [2013] UGCOMMC 112 · 2013 Judicial Review Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review seeking orders of prohibition and certiorari to quash PPDA decision rejecting administrative review
Decision
Respondent's decision quashed by order of certiorari

Observed later treatment

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Holding

The court held that the Public Procurement and Disposal of Public Assets Authority acted with procedural impropriety in affirming the procurement decision. Although the solicitation document specified an x-ray generator with power output of 50kW or higher, the best evaluated bidder offered only 44.85kW. The Authority's dismissal of expert reports from Makerere University Physics Department and NHS without consideration amounted to procedural impropriety. Order of certiorari granted.

Outcome

Respondent's decision quashed by order of certiorari

Facts

Medical Equipment Consult Ltd participated in a joint venture bid for supply of a CT scan to Mbarara Hospital under procurement reference BH/SHSSPP/2009-10/00065. On 15 December 2010, the applicant was notified that Meditec Systems Ltd had been named best evaluated bidder. The applicant sought administrative review under Section 90 of the PPDA Act, arguing the decision was in error. The solicitation document specified an x-ray generator with power output of 50kW or higher. The best evaluated bidder offered a CT scan with technical specification of 44.85kW. The applicant obtained expert opinions from Makerere University Department of Physics and NHS United Kingdom showing the winning bid did not meet specifications. The respondent confirmed the procurement, stating the best bidder met minimum technical requirements and that they were not bound by the NHS report. The applicant applied for judicial review.

Issues

  1. Whether the respondent's decision confirming the procurement was made in error by ignoring vital technical evidence
  2. Whether the respondent acted with procedural impropriety in dismissing expert reports from Makerere University and NHS
  3. Whether the best evaluated bidder met the minimum technical specifications for the CT scan tender

Orders

  • Order of certiorari granted.
  • Decision of the respondent confirming the procurement is quashed.
  • Costs awarded to the applicant.

Rules and key headnotes

Judicial Review — Nature and Scope — Review of Decision-Making Process Not Decision Itself
Judicial review is concerned not with the decision but with the decision-making process, and the function of the courts is to review the procedures by which administrative powers are exercised, not to act as an appeal court.
Administrative Law — Grounds for Judicial Review — Illegality, Irrationality, Procedural Impropriety
Administrative action is subject to control by judicial review on three established grounds: illegality, irrationality, and procedural impropriety.
Administrative Law — Public Procurement — Procedural Impropriety — Duty to Consider Expert Evidence
Where a procurement involves sophisticated and technical specifications, the Public Procurement and Disposal of Public Assets Authority's dismissal of expert reports without consideration amounts to procedural impropriety, particularly where the Authority has statutory power to undertake investigations and reviews.
Statutory Interpretation — Public Procurement — Authority's Powers to Commission Investigations
Section 8(c) of the PPDA Act and Regulation 11(d) of the PPDA Regulations empower the Authority to commission investigations and undertake surveys, reviews or related activities, enabling the Authority to consider expert reports such as NHS reports and university expert opinions as part of the procurement review procedure.

Legislation cited (7)

  • Judicature Act s.36
  • Judicature Judicial Review Rules (S.I No 11 of 2009) r.6
  • Public Procurement and Disposal of Public Assets Act (No.1 of 2003) s.71
  • Public Procurement and Disposal of Public Assets Act (No.1 of 2003) s.90
  • Public Procurement and Disposal of Public Assets Act (No.1 of 2003) s.8(c)
  • Public Procurement and Disposal of Public Assets Regulations (70 of 2003) r.11(d)
  • Public Procurement and Disposal of Public Assets Regulations r.188(3)

Cases cited (3)

  • Chief Constable of the North Wales Police v Evans [1982] 1 WLR 1155
  • Devlin v Minister of Arts, Culture and Gaeltacht [1999] 1 ILRM 462
  • Council of Civil Service Union v Minister for Civil Service [1985] AC 374

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Medical Equipment Consult Ltd v Public Procurement & Disposal of Public Assets Authority (HCT -00-CC-MC 6 of 2011) [2013] UGCommC 112 (4 June 2013)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.