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South Africa Case Law

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Administrative Law [2012] ZAGPPHC 194

Esofranki Pipelines (Pty) Ltd and Another v Mopani District Municipality and Others (13480/2011,17852/2011)

Esofranki Pipelines (Pty) Ltd and Another v Mopani District Municipality and Others (13480/2011,17852/2011) [2012] ZAGPPHC 194 (29 August 2012)

Court
North Gauteng High Court, Pretoria
Case number
13480/2011,17852/2011
Judge
K E Matojane

The court found that the Municipality's decision to award the tender to the joint venture was unlawful and invalid. The joint venture failed to meet the required contractor grading designation and did not comply with the tender specifications and conditions, rendering its bid unacceptable. The tender process was vitiated by bias, bad faith, and ulterior purpose, including fronting and misrepresentation of qualifications and experience. The Municipality took irrelevant considerations into account and failed to consider relevant ones, resulting in an arbitrary and unreasonable decision not rati…

Source excerpt

  • Public Procurement
  • Preferential Procurement Policy Framework Act
  • Municipal Tender Review
  • Contractor Grading
  • Judicial Review
  • Bias And Ulterior Purpose
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Administrative Law [2002] ZANCHC 33

Neels and Others v Burgemeester (Opvolger in Titel van die Mier Plaaslike Oorgangsraad) and Others (518/2001, 580/2001)

Neels and Others v Burgemeester (Opvolger in Titel van die Mier Plaaslike Oorgangsraad) and Others (518/2001, 580/2001) [2002] ZANCHC 33 (11 November 2002)

Court
Northern Cape High Court, Kimberley
Case number
518/2001, 580/2001
Judges
Majiedt R, Lacock R

The court found overwhelming evidence that the First Respondent failed to apply its mind to the prescribed criteria when allocating grazing land, acted with bias and ulterior motives, and did not properly consider the merits of each application. The council's decision-making process was fundamentally flawed, with no meaningful discussion or evaluation of applications, and the successful applicants were less suitable than the applicants. The court held that remittal to the administrative body would be futile given the demonstrated bias and continuity of personnel. Exceptional circumstances jus…

Source excerpt

  • Failure To Apply Mind
  • Review Of Administrative Action
  • Allocation Of Land
  • Natural Justice
  • Bias And Ulterior Purpose
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.