CONTINUITY:  The Pretoria High Court has upheld Cipla’s challenge to key ARV tender awards, finding multiple irregularities, while allowing existing suppliers to continue deliveries to protect patients from shortages…

By  Tania Broughton

The Department of Health must reconsider awards for two major components of its R15.5-billion antiretroviral medicine tender after the Pretoria High Court found multiple irregularities in the bidding process.

Acting Judge Graham Girdwood declared the awards for one-month and three-month packs of a widely used HIV treatment unlawful and unconstitutional, directing the department to redo the allocation and award process within 120 days.

The affected items, worth R12.6-billion, combine tenofovir, lamivudine and dolutegravir in a single pill. These medicines form the standard first-choice antiretroviral regimen for adults under South Africa’s treatment guidelines and are taken daily by millions of people.

To prevent potentially life-threatening shortages, existing suppliers will continue delivering. The setting-aside order will take effect only 90 days after the department finalises the replacement awards, allowing time for the newly selected suppliers to prepare.

The ruling follows a challenge by local manufacturer Cipla Medpro Manufacturing, which received no allocation for either pack size despite its established supply record. It secured only three smaller awards, collectively worth R215-million.

The overall tender took effect in December 2025 and was divided among several pharmaceutical companies. Another unsuccessful bidder, Hetero Drugs South Africa, also challenged the process, seeking reconsideration of its bid.

UNEQUAL TREATMENT

Girdwood upheld several grounds raised by Cipla, including the eligibility of bidders, assessment of past performance, local manufacturing preferences, historically disadvantaged individual (HDI) ownership claims and possible collusion.

He ordered that Innovata Pharmaceuticals and Viatris Healthcare be excluded from reconsideration because they did not qualify to pass the first stage of adjudication.

Both lacked a valid licence for their Isando manufacturing site when bidding closed.

“A licence that has expired is not, and was not on bid closure date, a valid licence,” the judge said.

He also found fault with the handling of Innovata’s previous supply failures. The company had been unable to fulfil an earlier contract and had asked the department to cancel it.

Although the Bid Evaluation Committee considered that history materially relevant, the Bid Adjudication Committee recommended considering Innovata because it had not been prohibited or restricted from doing business with the state.

Innovata subsequently received an 11.38% allocation, with reduced volumes.

Girdwood found that the absence of a formal prohibition did not remove the department’s obligation to assess the risk of poor supply performance.

He also found that bidders had been assessed inconsistently when local manufacturing status was conferred.

The final bid prices of Barrs Pharmaceuticals and Aurobindo Pharma must therefore revert to their pre-negotiation levels insofar as they did not qualify for local manufacturing preference.

The department had also accepted HDI ownership claims from Innovata and Barrs without adequate substantiation, improving their scores and rankings. The judge ordered the relevant scores adjusted.

Adjudication scores for manufacturers not implicated in irregularities will remain unaffected by the reconsideration of allocations and awards.

COLLUSION PROBE ORDERED

Girdwood directed the department to investigate whether Innovata and Barrs had colluded in their bids, finding that concerns should have been examined before substantial volumes were awarded to both.

The two companies, subsidiaries of Avacare, entered business rescue in December 2025. Days later, Barrs was out of stock of both products it was contracted to supply. Both companies exited business rescue this year.

The ruling requires the department to reassess how the affected supply volumes are shared among qualifying bidders. It does not itself award those volumes to Cipla, and the judge’s transitional arrangements preserve deliveries while the new process is completed.

Hetero’s separate application was dismissed. The judge found that the department had a reasonable and rational suspicion of collusive bidding involving Hetero and other companies, while emphasising that the review did not conclusively determine whether collusion had occurred.

Hetero did not participate in the hearing and was ordered to pay the respondents’ costs on a punitive scale for requiring them to answer a case that was never argued.

The minister and director-general were ordered to pay Cipla’s costs.

The judgment leaves the department to correct the procurement process while maintaining uninterrupted access to medicines central to South Africa’s HIV treatment programme.

MIRROR  Briefs

NQAKULA REJECTS PLOTTING WITH APARTHEID BOSSES

The former Minister of Intelligence Services, Safety and Security,Charles Nqakula , has rejected claims that he may have colluded with apartheid-era security generals to secure pardons for human rights abuses.  Testifying at the TRC Cases Commission of Inquiry this week, he took offence at the allegations and instead citing his role in the liberation struggle and the persecution and  killing of his comrades under apartheid.

The inquiry is examining allegations surrounding the handling of the TRC-related investigations and prosecutions, including claims of political interference and the failure to prosecute cases arising from the commission’s work.

The allegations, he added,  were deeply insulting, given the history of those who fought against apartheid. The security cluster travelled around the country, engaging communities and encouraging them to maintain peace and security. – Lehlohonolo Lehana.

COUNCIL PROBED OVER WATER CRISIS

The Public Protector of South Africa (PPSA) will investigate allegations of maladministration, improper conduct and prejudice against the City of Tshwane  in relation to the water crisis in Bronkhorstspruit.

This after 408 cases of gastrointestinal illness were reported in the area after citizens consumed contaminated water emanating from the Bronkhorstspruit Water Treatment Works (BWTW). The PPSA said it received a complaint from a Member of Parliament and Economic Freedom Fighters  Treasurer-General, Omphile Maotwe, and Willie Spies, the regional leader of the Freedom Front Plus.

“In her complaint, Maotwe alleged that the City failed to chlorinate water supplied to residents by the Bronkhorstspruit Water Treatment Plant between September 24 and  October 14, 2026. She also alleged that the City failed to warn residents that the water was unsafe for consumption during this period, resulting in 408 people, most of them children under the age of four, falling ill. Maotwe further alleged that the City ran out of chlorine due to difficulties experienced with its chlorine supplier. 

“Spies, in his complaint, called on the PPSA to investigate alleged maladministration and improper conduct by the City, including the alleged failure to escalate critical information to senior management, inadequate oversight at the water treatment plant and the failure to warn residents about the safety of the water.’’- SAnews

MK  PARTY AXES TOP OFFICIAL

The uMkhonto weSizwe (MK) Party has removed its secretary-general Sibonelo Nomvalo less than two weeks before the Local Government Elections .

 The party announced Lindiwe Mtshali as acting secretary-general, while spokesperson Sifiso Mahlangu will take on additional responsibilities as deputy secretary-general.

The party accused Nomvalo of setting up high-level deployment committees without its leadership’s knowledge, while allegedly reshuffling its parliamentary caucus and administration without informing its leader Jacob Zuma, national officials or the party’s presidency collective.

It further listed concerns over the councillor selection process, internal factionalism, matters concerning dual remuneration and delays in campaign materials.

“These matters have raised concerns regarding organisational coordination, internal communication, accountability and adherence to established party procedures,” the party said. “He is requested to cooperate fully with the relevant structures to ensure a smooth and orderly handover of his duties.”

According to the MK party’s constitution, Zuma, as party president, has the prerogative to hire and fire its leaders at will.

The party has also appointed five new parliamentary whips and removed several existing office-bearers in another shake-up of its parliamentary leadership.

The appointments of Emerald Kwenzokuhle Madlala,  Sanele Gregory Mwali,  Pinky Pearlgene Mngadi,  Sihle Ngubane and Wesley Douglas took effect on October 12. – Lehlohonolo  Lehana.

POLICE WARN STOKVEL MEMBERS  .

As the festive season approaches and stokvels and savings clubs prepare for their annual pay outs, the South African Police Service (SAPS) in the Northern Cape has urged community members to exercise caution when accessing, transporting and distributing their hard-earned savings.

The festive season traditionally results in increased cash withdrawals and the movement of larger amounts of money, creating opportunities for criminals to target unsuspecting members of the public. Stokvel members may become vulnerable to robberies, theft and other opportunistic crimes, particularly when cash withdrawals and pay out arrangements become predictable.

The SAPS appealed to stokvel members and organisers to take proactive measures to safeguard their savings and personal safety.

Some of the following safety measures that are strongly recommended included :

•    Where possible, avoid withdrawing or carrying large amounts of cash.

•    Consider safer alternatives such as electronic transfers directly into members’ bank accounts.

•    Avoid withdrawing or distributing large sums of money at predictable times, locations or through routine arrangements.

•    Do not disclose information relating to stokvel payouts, cash withdrawals, meeting venues or distribution arrangements to strangers or unnecessary third parties.

•    Remain vigilant when visiting banks, ATMs and other financial institutions, and never accept assistance from strangers when conducting transactions.  – SA news.