South Africa Case Law

Peri Formwork Scaffolding Engineering (Pty) Ltd v Broad-Based Black Economic and Others (20479/21)

Peri Formwork Scaffolding Engineering (Pty) Ltd v Broad-Based Black Economic and Others (20479/21) [2024] ZAGPPHC 359 (19 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

20479/21

Judge

M P Motha

The court found that the Commission's findings dated 17 December 2020 were final and not preliminary, as evidenced by the language of the correspondence and the absence of further engagement after the applicant's response. The findings had a direct external legal effect and adversely affected the applicant's rights, thus constituting administrative action under PAJA. The Commission's misunderstanding of the applicant's ownership structure and the operation of the trust led to findings based on irrelevant considerations and errors of law. The Commission failed to follow proper procedure, inclu…

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• Promotion Of Administrative Justice Act
• Fronting Practice
• Bbbee Compliance
• Trust Law
• Procedural Fairness
• Company Structure

Frey's Food Brands (Pty) Ltd v Minister of Trade and Industry and Others (71808/18)

Frey's Food Brands (Pty) Ltd v Minister of Trade and Industry and Others (71808/18) [2022] ZAGPPHC 623 (18 August 2022)

Court

North Gauteng High Court, Pretoria

Case number

71808/18

Judge

Barnes

The court found that the ad hoc committee of the DTI unlawfully applied Version 4 of the guidelines to the applicant's appeal, despite the fact that Version 2 was in force at the time of the original application. The retrospective imposition of stricter requirements was impermissible and rendered the committee's decision reviewable. The committee also failed to consider the improved B-BBEE plan submitted by the applicant. On the evidence, had Version 2 been applied, the applicant's appeal would have succeeded. The court held that substitution was appropriate, upholding the appeal and ordering…

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• Review Of Administrative Action
• Economic Incentive Scheme
• Bbbee Compliance
• Substitution Of Decision
• Costs Punitive Scale

Kusa Kokutsha (Pty) Ltd V South African National Roads Agency SOC Limited and Others (26213/20)

Kusa Kokutsha (Pty) Ltd V South African National Roads Agency SOC Limited and Others (26213/20) [2020] ZAGPPHC 746 (8 December 2020)

Court

North Gauteng High Court, Pretoria

Case number

26213/20

Judge

C J van der Westhuizen

The High Court dismissed a review of SANRAL’s tender cancellation, holding that material irregularities justified cancellation and costs followed the event.

• Public Procurement
• Preferential Procurement Regulations
• Material Irregularity
• Delegation Of Authority
• Bbbee Compliance
• Public-procurement

IIAH Indiza Aviation Service (Pty) Limited v Msunduzi Municipality and Another (6198/2018P)

IIAH Indiza Aviation Service (Pty) Limited v Msunduzi Municipality and Another (6198/2018P) [2019] ZAKZPHC 51 (23 July 2019)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

6198/2018P

Judge

Mbatha

High Court review of a municipal tender award: the award was set aside, but the court refused substitution and remitted the tender to be run afresh.

• Tender Review
• Preferential Procurement
• Exhaustion Of Internal Remedies
• Substitution Remedy
• Bbbee Compliance
• Tender-review

Laser Transport Group (Pty) Ltd and Another v Minister, Department of International Relations and Cooperation and Others (93389/15)

Laser Transport Group (Pty) Ltd and Another v Minister, Department of International Relations and Cooperation and Others (93389/15) [2016] ZAGPPHC 1047 (15 December 2016)

Court

North Gauteng High Court, Pretoria

Case number

93389/15

Judge

C J Van Der Westhuizen

The court found that the Bid Adjudication Committee's method of determining price reasonableness was irrational and contrary to the PPPFA and Terms of Reference. The BAC improperly included non-responsive bids in its calculation and failed to apply objective criteria as required by law. The respondent joint venture did not provide a valid guarantee, rendering its bid non-responsive. The applicants scored the highest points and met all requirements. Exceptional circumstances existed for the court to substitute its own decision, as remittal would serve no purpose and the award to the applicants…

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• Promotion Of Administrative Justice Act
• Preferential Procurement Policy Framework Act
• Tender Review
• Substitution Order
• Bid Evaluation
• Bbbee Compliance