South Africa Case Law

South African Legal Practical Council v Louw and Others (2023/068293)

South African Legal Practical Council v Louw and Others (2023/068293) [2024] ZAGPJHC 959; 2025 (1) SA 447 (GJ) (30 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/068293

Judges

S D J Wilson, Sutherland DJP

The High Court dismissed the LPC’s striking-off application, holding that a disciplinary inquiry was needed because the facts and individual culpability were not adequately established.

• Legal Practitioners Discipline
• Striking Off Application
• Fiduciary Duties
• B Bbee Compliance
• Prima Facie Evidence
• Disciplinary Inquiry

G4S Aviation Company South Africa SOC v Airports Company South Africa SOC Limited (04184/2023; 107270/2023; 106910/2023)

G4S Aviation Company South Africa SOC v Airports Company South Africa SOC Limited (04184/2023; 107270/2023; 106910/2023) [2023] ZAGPJHC 1494 (6 December 2023)

Court

South Gauteng High Court, Johannesburg

Case number

04184/2023; 107270/2023; 106910/2023

Judge

Epstein AJ

The court found that ACSA unlawfully extended the validity period of the tender without obtaining the consent of all bidders, as required by law. This procedural irregularity vitiated the entire tender process and established a strong prima facie case for the applicants in their anticipated review proceedings. The applicants demonstrated a well-grounded apprehension of irreparable harm, as any relief granted after the five-year tender period would be academic and nugatory. The balance of convenience favoured the applicants, given the potential for unlawful contracts and disruption of fair pro…

Source excerpt

• Tender Validity Period
• Interim Interdict
• Review Of Administrative Action
• Preferential Procurement Policy Framework Act
• B Bbee Compliance
• Separation Of Powers

Telegenix Trading 799 (Pty) Limited v Zimele Investment Enterprise Company (Pty) Ltd and Others (A277/2022)

Telegenix Trading 799 (Pty) Limited v Zimele Investment Enterprise Company (Pty) Ltd and Others (A277/2022) [2023] ZAGPPHC 1128 (5 September 2023)

Court

North Gauteng High Court, Pretoria

Case number

A277/2022

Judges

R G Tolmay, R Francis-Subbiah, L Barit

High Court appeal over SANRAL tender disqualifications for failure to submit a valid B-BBEE certificate. The appeal succeeded, the cross-appeal failed, and Zimele’s review was dismissed.

• Public Procurement
• Preferential Procurement Regulations
• B Bbee Compliance
• Judicial Review
• Acceptable Tender
• Pre Qualification Criteria

Halifax Group (Pty) Ltd v National Minister of Home Affairs and Others (8913/2022)

Halifax Group (Pty) Ltd v National Minister of Home Affairs and Others (8913/2022) [2022] ZAGPPHC 164 (31 March 2022)

Court

North Gauteng High Court, Pretoria

Case number

8913/2022

Judge

N P Mngqibisa-Thusi

The court found that the applicant, as an unsuccessful tenderer, has a constitutionally protected right to fair administrative action and to challenge its disqualification under PAJA. The applicant established a prima facie right, even if open to doubt, based on the documentation submitted with its bid, including the FAH Trust share certificate and B-BBEE verification. The court held that the balance of convenience favours the applicant, as failure to grant the interdict would render any successful review ineffective and cause irreparable harm. Urgency was established due to the imminent conc…

Source excerpt

• Public Procurement
• Interim Interdict
• Promotion Of Administrative Justice Act
• B Bbee Compliance

Sun Valley Estate (Pty) Ltd v Ascendis Vet (Pty) Ltd and Others (LM067Aug21)

Sun Valley Estate (Pty) Ltd v Ascendis Vet (Pty) Ltd and Others (LM067Aug21) [2021] ZACT 112 (9 November 2021)

Court

Competition Tribunal

Case number

LM067Aug21

Judges

Y Carrim, E Daniels, F Tregenna

The Competition Tribunal approved Sun Valley Estate’s merger with Ascendis Vet and related firms, subject to conditions requiring a post-merger transformation initiative and reporting to the Commission.

• Merger Control
• Public Interest Conditions
• B Bbee Compliance
• Transformation Initiative
• Merger-control
• Public-interest-conditions

Gijima Holdings (Pty) Ltd and Others v South African National Roads Agency SOC Limited and Others (57952/2020)

Gijima Holdings (Pty) Ltd and Others v South African National Roads Agency SOC Limited and Others (57952/2020) [2021] ZAGPPHC 391 (17 June 2021)

Court

North Gauteng High Court, Pretoria

Case number

57952/2020

Judge

C J van der Westhuizen

The court held that SANRAL was correct in excluding the applicants' bid from further consideration due to non-compliance with the pre-qualification requirement of submitting a valid B-BBEE affidavit. The affidavit submitted by the applicants did not comply with the mandatory requirements of the Justices of the Peace and Commissioners of Oaths Act, as it was not signed in the presence of the commissioner and lacked necessary certification details. The tender specifications were clear and peremptory, leaving no discretion for SANRAL to condone non-compliance or allow rectification after the clo…

Source excerpt

• Public Procurement
• Preferential Procurement Policy Framework Act
• B Bbee Compliance
• Tender Disqualification
• Audi Alteram Partem
• Judicial Review

Swissport South Africa (Pty) Limited v Airports Company South Africa SOC Limited and Others (25363/2018)

Swissport South Africa (Pty) Limited v Airports Company South Africa SOC Limited and Others (25363/2018) [2020] ZAGPJHC 70 (2 March 2020)

Court

South Gauteng High Court, Johannesburg

Case number

25363/2018

Judge

EF Dippenaar

The High Court set aside ACSA’s invitation for ground handling licences, holding it was procurement subject to section 217 and the PPPFA.

• Public Procurement
• Preferential Procurement Policy Framework Act
• Section 217 Constitution
• Outsourcing Of Public Functions
• B Bbee Compliance
• Review Of Administrative Action

Aero-Duct Moya CC v Minister of Public Works and Another (936/2019)

Aero-Duct Moya CC v Minister of Public Works and Another (936/2019) [2019] ZAECPEHC 32 (21 May 2019)

Court

Eastern Cape High Court, Port Elizabeth

Case number

936/2019

Judge

Goosen

The court found that the applicant failed to establish a prima facie right to interim relief. The initial determination of the second respondent's bid as non-responsive was not supported by the facts, and the BAC's acceptance of the bid was not irregular. The alleged suspicion of fronting, based on the majority shareholder not signing the board resolution, did not amount to a reasonable suspicion requiring investigation under the regulations. The documents submitted by the second respondent demonstrated full disclosure and compliance. The issue of the tender validity period extension was not…

Source excerpt

• Preferential Procurement
• Fronting Practices
• Interim Interdict
• Bid Evaluation
• B Bbee Compliance

Public Investment Corporation Limited and Another v Sub-Sahara Industrial Holdings (Pty) Ltd (LM096Sep16)

Public Investment Corporation Limited and Another v Sub-Sahara Industrial Holdings (Pty) Ltd (LM096Sep16) [2016] ZACT 95 (26 October 2016)

Court

Competition Tribunal

Case number

LM096Sep16

Judges

Norman Manoim, Anton Roskam, Mondo Mazwai

The Competition Tribunal unconditionally approved the merger, finding no overlap between the parties' businesses and no adverse public interest effects.

• Merger Control
• Substantial Lessening Of Competition
• Public Interest
• B Bbee Compliance
• Merger-control
• Competition-law