Appointment of legal practitioner for evictions/interdicts (pie & esta) – cape winelands district municipality tender

Closing date: 16 September 2026 at 11:00. Contract commencement: 10 December 2026. No briefing or site visit is specified.

Technical enquiries: Karina Smit, 021 888 5312, [email protected]. Bidding procedure enquiries: Traci-lee Louw, 021 888 5143, [email protected]. General SCM enquiries: 086 126 5263. Documents available at www.capewinelands.gov.za or https://etenders.treasury.gov.za, or hard copies from the Supply Chain Management Unit, 29 Du Toit Street, Stellenbosch.

Submission channel: sealed envelope endorsed with the quotation number and description, deposited in the official tender box at 29 Du Toit Street, Stellenbosch, before 11:00 on 16 September 2026. Late bids are not accepted. Telexed, faxed or e-mailed bids are not accepted. Bids must be submitted on the official forms provided (not re-typed). Complete the document in black ink; any correction must be in black ink and signed. Correction fluid (Tippex) disqualifies the bid. Missing pages disqualify the bid. Returnable forms: MBD 1 (Invitation to Bid), MBD 4 (Declaration of Interest), MBD 6.1 (Preference Points Claim), MBD 7.1/7.2 (Contract Form), MBD 8 (Declaration of Past SCM Practices), MBD 9 (Certificate of Independent Bid Determination), Annexure I (Questionnaire), Authority for Signatory (Board Resolution), Credit Order Instruction, and the Compulsory Documentation/Checklist. A copy of the resolution authorising the signatory must accompany the bid. Bidders must be registered on the CWDM Supplier Database and the Central Supplier Database. No bids will be considered from persons in the service of the state.

Evaluation is based on responsiveness to specifications, value for money, capability to execute the contract, and the PPPFA and associated regulations. The 80/20 preference point system applies: 80 points for the lowest price (if compliant), and 20 points for specific goals. Of the 20 points, 50% (10 points) are allocated for B-BBEE status level contribution, and 50% (10 points) for locality (enterprise head office, primary place of business, or regional/satellite office located in the district or province). To claim preference points, bidders must complete Annexure I (Questionnaire) and MBD 6.1 (Preference Points Claim Form); failure to do so results in no preference points. Bidders not submitting a B-BBEE certificate or sworn affidavit score zero for B-BBEE but are not disqualified.

Scope: specialised legal and advisory services to the Cape Winelands District Municipality regarding evictions and interdicts under PIE and ESTA. Services include: general legal services, detailed legal research, legal opinions, investigative and legal support, stakeholder liaison, legal interpretation and independent advice, representation in Magistrate and High Court litigation, mediation, arbitration and other dispute resolution forums, and facilitation of engagements with affected communities, law enforcement, organs of state, councillors and other parties. The bidder must demonstrate knowledge of the Constitution, Municipal Systems Act, Municipal Structures Act, MFMA, PIE, ESTA, SPLUMA, and relevant case law on unlawful occupation, tenure rights, evictions, interdicts and property rights. The bidder must be accessible during municipal business hours and available for after-hours emergencies at tendered rates. The bidder must ensure suitably qualified resources for urgent matters, including urgent court applications.

The supplier's premises must be open for inspection by the municipality's representative at all reasonable hours. Goods/services not complying with contract requirements may be rejected; rejected goods are held at the supplier's cost and risk, and the supplier must substitute them immediately. If the supplier fails to substitute, the municipality may purchase substitute goods at the supplier's expense. Pre-bidding testing is for the bidder's account.

Tendered rates apply, including for after-hours work. Prices must not vary from those quoted. Payment within 30 days of invoice. VAT must be shown clearly on each invoice. If the contract value exceeds R2.3 million, the bidder must be VAT-registered; CWDM will treat the price as VAT-inclusive. The municipality's VAT number is 4700193495.

Pricing: tendered rates apply, including for after-hours work. Prices quoted must not vary during the contract. Payment: within 30 calendar days of receiving a valid invoice. VAT must be shown clearly on each invoice. If the contract value exceeds R2.3 million, the bidder must be VAT-registered; CWDM will treat the price as VAT-inclusive. The municipality's VAT number is 4700193495. No performance security or bond is specified in the tender-specific sections.

Registration: CWDM Supplier Database and Central Supplier Database (CSD). Tax: valid Tax Compliance Status PIN from SARS (or CSD number if no TCS); each consortium/JV member must submit a separate TCS/PIN/CSD number. Municipal accounts: certified copy of the bidder's and directors' municipal accounts for the month preceding closing; bidders in arrears for more than three months (without a settlement arrangement) are disqualified. B-BBEE: original or certified copy of a valid B-BBEE Status Level Verification Certificate (or sworn affidavit for EMEs/QSEs) to claim preference points. CIDB: registration number required if applicable. COIDA: Letter of Good Standing from the Department of Employment and Labour (valid at closing date) if applicable. Foreign suppliers must complete the pre-award questionnaire (Part B:3).

The successful tenderer must perform all duties with due regard to the Occupational Health and Safety Act, 1993 and its regulations, and adhere to all safety rules and regulations. The tenderer must be conversant with and comply with all statutory provisions, regulations and by-laws relating to its business. All information obtained during assignments must be treated as strictly confidential.

Contract duration: commences 10 December 2026, continues until successful completion of assigned work, subject to a maximum of 12 months. The contract may be extended if additional funds become available. Prices must not vary from those quoted. Variation orders: changes up to 15% of the original contract value (20% for construction) may be instructed. The supplier may not assign or subcontract without prior written consent. Delays: penalties may be deducted at the current prime interest rate per day of delay. Termination for default: if the supplier fails to deliver or perform, or engages in corrupt or fraudulent practices, the municipality may terminate and impose a restriction on doing business with the public sector for up to 10 years. Termination for insolvency is permitted. Disputes: amicable resolution, then mediation, then court. Governing law: South African law. Notices by ordinary mail. The supplier must maintain confidentiality and permit inspection/audit of records.

The 80/20 preference point system applies. 80 points for the lowest compliant price. 20 points for specific goals: 10 points for B-BBEE status level contribution (allocated per the B-BBEE scorecard) and 10 points for locality (enterprise located in the district or province). To claim preference points, bidders must complete Annexure I (Questionnaire) and MBD 6.1 (Preference Points Claim Form); failure results in no preference points.