This was because the condoms were too small, made of the wrong material and was not approved by the World Health Organisation, the US Food and Drug Administration Agency or the SA Bureau of Standards, according to the Beeld newspaper.
Judge Sulet Potterill set aside the finance minister’s decision to award the contract to Siqamba Medical of KwaZulu-Natal, which won a tender to supply 11 million Phoenurse condoms manufactured in China.
Another company, Sekunjalo Investments Corporation, had turned to the court after losing the tender.
Potterill ruled that Sekunjalo should get the tender and said it was an urgent matter, since it affected the spread of HIV/Aids.
The court heard that the Phoenurse condoms were 20 percent smaller than Sekunjalo’s and were not made of the required material.