The Durban International Convention Centre (Durban ICC) and the eThekwini municipality have been dragged to the Durban High Court to stop them from proceeding with advertising and awarding a multi-million-rand tender.
Also cited as a respondent in the case is a company called Affirmative Portfolios, which the applicant believes has been allowed to unfairly get access to human resources it had moulded to meet the requirements of the ICC.
Wants process to be halted
Fullmark Holdings, the aggrieved company owned by businessman Mluleki Matimba, wants the tender process to be halted on an urgent basis. And it has asked the court to hear the matter on 31 October 2025 (Friday next week).
The bidding process would be halted until the grievance by Fullmark is fully heard. And the lawyers of the company say should the bidding and awarding of the tender continue as mooted, the company would have no recourse and it will suffer irreparable harm.
Owned by the eThekwini municipality, the Durban ICC allegedly excluded Fullmark Holdings from bidding for a tender to provide seasonal labour despite having done so for the past 10 years.
Grievances ignored
According to the court papers, it all started on about August 27, 2025 when the Durban ICC, by way of an email addressed to interested parties by its senior buyer, Siyabonga Gumbi, issued a request for quotations for the provision of “flexi labour” services for September 2025.
When Fullmark tried to file its quotation, it was barred and disqualified on the spot.
“A response to the applicant submission was received on the same day (28 August 2025) Adwoa Milumba, the first respondent’s supply chain compliance officer, in which Milumba’s response stated that “You have been unsuccessful in providing flexible labour services for September 2025,” reads the court papers by Fullmark lawyers.
The lawyers further argued that Fullmark had exhausted all internal challenges to have its grievances addressed. But it was frustrated, hence it had to turn to the court for a ruling.
The Durban ICC and eThekwini municipality are yet to file their responding papers.
