Wakilii

Pynet Technologies SMC Limited v Ministry of Lands Housing and Urban Development (Application 1 of 2024)

Tribunal · [2024] UGPPDPAAT 3 · 2024 Application Struck Out AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for review of procurement decision before the Public Procurement and Disposal of Public Assets Appeals Tribunal
Decision
Application struck out as time-barred; suspension order vacated

Observed later treatment

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Holding

The Tribunal struck out the application as time-barred. The applicant filed its review application on 2 January 2024, beyond the ten-day statutory deadline which expired on 18 December 2023. The Tribunal held that timelines in procurement statutes are mandatory and the Tribunal has no power to extend them. Once a party fails to move within the time set by law, the Tribunal's jurisdiction is extinguished.

Outcome

Application struck out as time-barred; suspension order vacated

Facts

The Ministry of Lands Housing and Urban Development initiated a tender for procurement of ICT equipment under World Bank funding. Six bidders submitted bids. On 3 November 2023, the Ministry issued a Notification of Intention to Award to MFI Document Solutions Ltd. Pynet Technologies SMC Ltd's bid was rejected on grounds that its bid security expired on 23 October 2023 instead of the required 17 November 2023, and that its Manufacturer's Authorisation Form from Kyocera was found to be fake. Pynet filed a complaint with the Accounting Officer on 15 November 2023. The Accounting Officer made a decision on 5 December 2023 but communicated it on 7 December 2023 after World Bank approval. Pynet filed an application for review with the Tribunal on 2 January 2024.

Issues

  1. Whether the Application before the Tribunal is competent?
  2. Whether the Respondent erred when it disqualified the Applicant's bid?
  3. What remedies are available to the parties?

Orders

  • The Application is struck out.
  • The Tribunal's suspension order dated January 3, 2024, is vacated.
  • Each party to bear its own costs.

Rules and key headnotes

Administrative Law — Public Procurement — Statutory Timelines — Mandatory Nature
Timelines within procurement statutes are mandatory and couched in mandatory terms. There is no enabling provision within the Public Procurement and Disposal of Public Assets Act that accords the Tribunal power to enlarge or extend the timelines set therein. Once a party fails to move within the time set by law, the jurisdiction of the Tribunal is extinguished as far as the matter is concerned.
Administrative Law — Public Procurement — World Bank Procurement Regulations — Supremacy over Domestic Law
Where a procurement is funded by the World Bank, the timelines stipulated in the World Bank Procurement Regulations for Investment Project Financing (IPF) Borrowers prevail over the timelines in the Public Procurement and Disposal of Public Assets Act by virtue of section 4(1) of the Act.
Administrative Law — Public Procurement — Accounting Officer's Decision — Nullity for Delay
A decision made by an Accounting Officer outside the statutory timelines is no decision at all and is a nullity.
Civil Procedure — Computation of Time — Working Days — Tribunal Business Hours
The business of the Public Procurement and Disposal of Public Assets Appeals Tribunal is transacted at the Tribunal offices between 8:00am and 5:00pm on official working days. Applications cannot be filed on Saturdays or non-working days. Where a deadline falls on a Saturday, the application ought to be filed on the next working day.
Civil Procedure — Electronic Filing — Statutory Provision
Section 95B of the Public Procurement and Disposal of Public Assets Act permits electronic filing of applications with the Tribunal. A party may file an application using electronic means on the Tribunal's official email address to meet statutory deadlines.

Legislation cited (8)

Cases cited (7)

  • Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 All ER 98
  • Elite Chemicals Ltd v Uganda Coffee Development Authority (Applications No. 7 and 8 of 2021)
  • Eclipse Edisoil JVC Ltd v Napak District Local Government (Application No. 33 of 2023)
  • Far Gostar Bistoon v Uganda Electricity Transmission Company Limited (Application No. 2 of 2023)
  • Exposed Label Limited v Uganda Civil Aviation Authority (Application No. 34 of 2023)
  • Passionate Ventures SMC Uganda Ltd v Bulambuli District Local Government (Application No. 35 of 2023)
  • Vital Capital Investments Limited and 2 Others v Ministry of Housing and Urban Development (Application No. 16 of 2023)

Full judgment

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

Pynet Technologies SMC Limited v Ministry of Lands Housing and Urban Development (Application 1 of 2024) 2024 UGPPDPAAT 3 (18 January 2024)
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.