https://applj.journals.ac.za/pub <p>The <strong>African Public Procurement Law Journal</strong> was established to stimulate and foster academic engagement and debate in the field of public procurement law and regulation on the African continent. The Journal is the first platform devoted exclusively to research into public procurement law in Africa and will be published online by the African Procurement Law Unit of the Faculty of Law, Stellenbosch University, South Africa.</p> <p>&nbsp;</p> <p>The Journal will publish articles continuously on its website and consolidate all contributions in two editions per year. The Journal will publish high quality papers on themes and sub-themes relevant to procurement law and regulation in Africa. The Journal intends to make widely accessible, information on African public procurement law, regulation and policy and provide readers with scholarly and in-depth analysis on the same. The Journal is aimed at a diverse audience of academics, practitioners, regulators, policy makers, government officials and students.&nbsp;</p> African Procurement Law Unit (APLU) en-US African Public Procurement Law Journal 2411-7048 <p><span>Authors who publish with this journal agree to the following terms:</span></p><ul><li>Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a <a href="http://creativecommons.org/licenses/by/3.0/" target="_new">Creative Commons Attribution License</a> that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.</li></ul><br /><ul><li>Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.</li></ul><br /><ul><li>Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See <a href="http://opcit.eprints.org/oacitation-biblio.html" target="_new">The Effect of Open Access</a>).</li></ul> https://applj.journals.ac.za/pub/article/view/72 <p>Is it obligatory for South African organs of state to request the extension of a bid validity period to all bidders that have responded to a bid? Or can an organ of state exclude from this request, bidders who have already been disqualified during the preliminary stages of the bid evaluation and adjudication process? This article critically analyses the recent judgements in South Africa on the matter and argues that it is both practically and legally inappropriate to exclude bidders who have been disqualified but are yet to be officially informed. To do so, would have the unintended consequences of compromising the fairness and cost-effectiveness of the tender process. The fact that the disqualification has not been approved by the appropriate delegated authority and communicated to the bidder(s) begs the question whether in such circumstances, the disqualification constitutes a “decision” and is thus an administrative action as contemplated in the Promotion of Administrative Justice Act 3 of 2000. The article further questions whether is it mandatory for all the bidders to consent to the extension of the bid validity period? Or does it suffice if some of the bidders consent whilst others do not? It is argued that requiring all bidders to consent so as to keep the bid validity alive, unreasonably presupposes that participants in a tender process are “joint bidders” whose individual offers must lapse if one of the “joint bidders” does not consent to the bid validity extension.</p> Tshiamo Sedumedi Copyright (c) 2025 Tshiamo Sedumedi 2025-11-25 2025-11-25 12 1 1 10 10.14803/12-1-72