The Mahikeng High Court has struck off the roll a court challenge lodged by one of the companies that were bidding, indicating that the Ngaka Modiri Molema commuter transport contract was not properly awarded.
This comes after a Johannesburg-based bus company owner decided to take North West Community Safety and Transport Management MEC Wessels Morweng and his department officials to the High Court to interdict the award of “a lucrative contract to a more expensive competitor”, after his own cheaper bid with a superior service rating was passed over.
Media reports claimed Mohamed Essop’s Sizanani Mazulu Transport secured a place on the panel of four approved service providers to transport the province’s citizens.
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 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.
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.
Responding to the court ruling, the department said the newly appointed company has since begun with operation in various areas of Ngaka Modiri Molema District on Wednesday, 15 October 2025, as had been announced in a media briefing by MEC Morweng on the 1st of October.
“The Department also seeks to clarify the issue of the registration of the busses. Some of the busses 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.”
City Report notes that 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.
