Medical waste companies, KZN health department in court over waste contract

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At the heart of the fight is a claim by one of the companies that taxpayers will have to foot the bill for an “unfair” tender awarded to its competitor.

Dr Phetole Sekete, the owner of Buhle Waste which was recently awarded a multimillion-rand medical waste contract by the KZN health department. It is being challenged in court by Compass Medical Waste Services.A stinking legal battle between two waste companies and the KwaZulu-Natal department of health is being played out in the Pietermaritzburg High Court.

The department hailed the appointment of a 100% black-owned waste management consortium as “a shining example of radical economic transformation”. But in his judgment, Judge Mnguni said Compass did not have an entitlement in contract or administrative law to insist the department allow it to render services. However, he said Compass could easily institute an action for damages against the department.

“I challenge the department and Buhle to take this court into their confidence and disclose the full extent of the prices that will be paid for the service. However, in response, Buhle's owner, Dr David Sekete, said the direct price calculations claimed by Compass were a “red herring” and that it had not taken into account that the quantum of goods and services in the scope of the job had increased substantially.

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