South Africa Case Law

Sithathu Funding (Pty) Ltd v Road Accident Fund and Others (1241/2022)

Sithathu Funding (Pty) Ltd v Road Accident Fund and Others (1241/2022) [2025] ZAECMKHC 36 (15 April 2025)

Court

Eastern Cape High Court, Makhanda

Case number

1241/2022

Judge

Zono

The court found that the applicant's bid failed to comply with the mandatory requirements of the tender, specifically regarding the lift size, parking arrangements, and mandate from the property owner. The tender documents expressly stated that failure to comply with all mandatory requirements would result in disqualification. The applicant's lifts did not meet the required dimensions, the parking offered was not available for use by the RAF, and the applicant lacked proper mandate from the property owner. These were material deviations. The court held that only bids compliant with all mandat…

Source excerpt

• Public Procurement
• Mandatory Tender Requirements
• Promotion Of Administrative Justice Act
• Preferential Procurement Policy Framework Act
• Acceptable Tender Definition
• Judicial Review

Topfix (PTY) LTD v Eskom Holdings SOC LTD and Others (5765/2022)

Topfix (PTY) LTD v Eskom Holdings SOC LTD and Others (5765/2022) [2023] ZAGPPHC 33 (17 January 2023)

Court

North Gauteng High Court, Pretoria

Case number

5765/2022

Judge

M Munzhelele

The High Court dismissed Topfix’s review of Eskom’s tender award, finding that failure to submit the mandatory CSD MAA number justified disqualification.

• Public Procurement
• Mandatory Tender Requirements
• Procedural Fairness
• Judicial Review
• Acceptable Tender Definition
• Public-procurement

Money v Walter Sisulu Local Municipality and Others (3730/18)

Money v Walter Sisulu Local Municipality and Others (3730/18) [2019] ZAECGHC 30 (26 March 2019)

Court

Eastern Cape High Court, Grahamstown

Case number

3730/18

Judge

S M Mbabane

The court dismissed an urgent application to confirm an interim interdict blocking a municipal tender award, finding the applicant had not shown a prima facie right.

• Promotion Of Administrative Justice Act
• Municipal Tender Process
• Interim Interdict
• Preferential Procurement Policy Framework Act
• Exhaustion Of Internal Remedies
• Acceptable Tender Definition

Fountain Civil Engineering (Pty) Ltd v Mhlathuse Water and Others (10138/04)

Fountain Civil Engineering (Pty) Ltd v Mhlathuse Water and Others (10138/04) [2004] ZAKZHC 14 (24 January 2004)

Court

High Courts - Kwazulu Natal

Case number

10138/04

Judge

Hugo

The High Court dismissed a review of a tender disqualification, holding that failure to complete required contract participation goal calculations made the bid non-responsive.

• Public Procurement
• Review Of Tender Award
• Preferential Procurement Policy Framework Act
• Constitutional Fairness
• Acceptable Tender Definition
• Public-procurement