By OBAKENG MAJE

16 October 2025- The North West MEC for the Department of Community Safety and Transport Management, Wessels Morweng said he welcomes the North West High Court sitting in Mahikeng’s ruling on the Ngaka Modiri Molema commuter transport contract. This comes after a Johannesburg-based bus company owner took Morweng and his departmental officials to the North West High Court to interdict the award of a lucrative contract to a more alleged expensive competitor, after his own cheaper bid with a superior service rating was passed over.

According to Sunday World newspaper, Mohamed Essop’s Sizanani Mazulu Transport secured a place on the panel of four approved service providers to transport the province’s citizens. However, the company discovered that despite being ranked as the top bidder with the lowest price of R22 per kilometre, the department awarded the most profitable routes exclusively to Ikhwezi and Tasmica, a joint venture that had submitted a significantly higher bid of R39 per kilometre.

Aggrieved by the decision, Essop approached the high court on Friday, raising concerns about wasteful expenditure and potential bias. He noted that the Ikhwezi and Tasmica JV was ranked last among the four successful bidders on pricing.

“Yet, only the JV, ranked last and lowest of the successful bidders, received an award to the exclusion of and without notice to the other successful bidders,” Essop protested in his affidavit.

The Sunday World newspaper said the dispute intensified with the revelation that Ikhwezi and Tasmica JV received an appointment letter dated April 23, selecting them as the sole operators for district commuter services effective May 1. It says crucially, this letter was issued before the official bid closing date of August 4, suggesting that JV’s selection was predetermined and undermined the tender process’s fairness and transparency.

The situation escalated when Essop learnt of an October 1 media report in which Morweng announced the JV’s appointment. The report highlighted JV’s capacity to provide safe and reliable transport but failed to explain why it was chosen over other successful bidders, particularly Sizanani, which had offered the most competitive pricing.

Before the court action, Essop’s legal representatives, A Mothilal Attorneys, sent a letter to the department on Wednesday. It demanded an explanation by Thursday for awarding the contract to JV and requested details on how work would be equitably allocated among the four successful bidders.

Having received no response, Essop proceeded to the high court to seek a temporary order halting the contract.

Sunday World newspaper said the company argues that the award to the JV was unlawful, irrational and biased, violating the principles of fair, equitable, transparent, competitive, and cost-effective procurement outlined in Section 217 of the South African Constitution.” It says Sizanani has also launched another lawsuit to challenge the legality of the JV’s contract in a lower court, requesting a full review and cancellation of the department’s decision, or order the department to re-advertise the tender fairly and openly.

However, Morweng said the matter has been struck off the roll.

“This follows a court challenge lodged by one of the companies that were bidding, indicating that the contract was not properly awarded. The newly-appointed company has since begun operations in various areas of Ngaka Modiri Molema District this morning as had been announced in a media briefing on 1 October 2025.

“The department also seeks to clarify the issue of the registration of the buses. Some of the buses had been registered and are operating with number plates whilst others which have not as yet been registered, are operating with a permit as per the regulations of any newly registered vehicle,” he said.

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