South Africa Case Law

Datacentrix (Pty) Ltd v South African National Parks and Others (041563/2024)

Datacentrix (Pty) Ltd v South African National Parks and Others (041563/2024) [2025] ZAGPPHC 325 (11 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

041563/2024

Judge

M.P. Motha

High Court review of SANParks’ ICT tender award upheld Datacentrix’s challenge, finding Gijima did not meet mandatory financial-statement requirements.

• Public Procurement
• Mandatory Tender Requirements
• Promotion Of Administrative Justice Act
• Fairness In Tender Process
• Bid Disqualification
• Interpretation Of Tender Documents

Channel Construction (Pty) Ltd v Transnet SOC and Others (2024/111291)

Channel Construction (Pty) Ltd v Transnet SOC and Others (2024/111291) [2025] ZAGPJHC 51 (21 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/111291

Judge

Fisher

The High Court dismissed an urgent application to stop a Transnet tender from being implemented pending review, finding no prima facie right and no clear case for interim relief.

• Public Procurement
• Interim Interdict
• Paja 180 Day Limit
• Separation Of Powers
• Bid Disqualification
• Interim-interdict

New Generation Projects v Umdoni Local Municipality (D1598/2023)

New Generation Projects v Umdoni Local Municipality (D1598/2023) [2024] ZAKZDHC 62 (9 September 2024)

Court

Kwazulu-Natal High Court, Durban

Case number

D1598/2023

Judge

Mossop

The applicant was disqualified from the municipal tender process not because it was a sole proprietorship, but because it failed to submit a valid municipal rates certificate and a financial statement, both of which were essential bid requirements. The respondent was entitled to set these prerequisites, and the applicant did not challenge their reasonableness or constitutionality. The applicant did not deliver a replying affidavit to dispute the respondent's version, nor did it appear at the hearing or submit heads of argument. The respondent's allegations regarding non-compliance are therefo…

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• Public Procurement
• Bid Disqualification
• Review Of Administrative Action
• Municipal Tender Process

Zen JV v Department of Transport: Province of Eastern Cape and Others (4495/2023)

Zen JV v Department of Transport: Province of Eastern Cape and Others (4495/2023) [2024] ZAECMKHC 91 (27 August 2024)

Court

Eastern Cape High Court, Makhanda

Case number

4495/2023

Judge

Laing

The court found that the applicant's bid complied in all respects with the eligibility requirements for the construction health and safety officer, as demonstrated by the documentation submitted. The respondent's decision to disqualify the bid was not rationally connected to the information before it and was unreasonable. No internal remedy was available to the applicant prior to approaching the court. The respondent ought to have requested clarity from the applicant regarding any ambiguity, as permitted by its own policy, and should have afforded the applicant an opportunity to make represen…

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• Public Procurement
• Promotion Of Administrative Justice Act
• Preferential Procurement Policy Framework Act
• Procedural Fairness
• Bid Disqualification
• Judicial Review

Likunga Protection and Security Services (Pty) Ltd v Emalahleni Local Municipality and Another (673/2023)

Likunga Protection and Security Services (Pty) Ltd v Emalahleni Local Municipality and Another (673/2023) [2024] ZAECMKHC 61 (13 June 2024)

Court

Eastern Cape High Court, Makhanda

Case number

673/2023

Judge

Cengani-Mbakaza

The court found that the requirement to submit audited annual financial statements for the previous three years was a mandatory and statutorily prescribed condition for tenders exceeding R10 million. The applicant was fully aware of this requirement, having completed the relevant tender documentation, but failed to submit the statements due to its own oversight. The Municipality was explicit in its tender requirements and correctly disqualified the applicant's bid as non-responsive. The second respondent's audited statements were found to be compliant, bearing the auditor's signature and cont…

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• Public Procurement
• Preferential Procurement Policy Framework Act
• Municipal Supply Chain Management
• Review Of Administrative Action
• Bid Disqualification

AfriRent (Pty) Ltd v Rand West City Local Municipality and Another (2023-052811)

AfriRent (Pty) Ltd v Rand West City Local Municipality and Another (2023-052811) [2023] ZAGPJHC 1192 (23 October 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023-052811

Judge

S D J Wilson

The High Court dismissed a tender review, finding Afrirent’s disqualification for nondisclosure of SARS information was rational and lawful.

• Municipal Supply Chain Management
• Tender Review
• Rationality
• Tax Compliance Requirements
• Bid Disqualification
• Tender-review

Aventino Ecotroopers Joint Venture and Others v MEC for the Department of Roads and Transport, Gauteng Province and Others

Aventino Ecotroopers Joint Venture and Others v MEC for the Department of Roads and Transport, Gauteng Province and Others [2023] ZAGPPHC 330; 28395/2022 (15 May 2023)

Court

North Gauteng High Court, Pretoria

Case number

28395/2022

Judge

Makhoba

The High Court dismissed a procurement review, finding the tender validity period had not lapsed and the applicants remained disqualified.

• Public Procurement
• Preferential Procurement Policy Framework Act
• Bid Disqualification
• Joinder Of Parties
• Tender Validity Period
• Review Of Administrative Action

Lethabulumko Group (Pty) Ltd v Gauteng Department of Education (28952/2020)

Lethabulumko Group (Pty) Ltd v Gauteng Department of Education (28952/2020) [2023] ZAGPJHC 415 (3 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

28952/2020

Judge

ML Senyatsi

The court held that the applicant's failure to submit a certified copy of the Certificate of Acceptance (COA) as required by the tender's mandatory requirements constituted valid grounds for disqualification. The subsequent inspection of the original COA by respondent officials did not cure the procedural defect, as the tender process required strict compliance to ensure fairness among all bidders. The respondent was entitled to enforce the clear terms of the tender documents, and the administrative decision to disqualify the applicant's bid was regular and lawful under PAJA. There was no bas…

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• Promotion Of Administrative Justice Act
• Tender Procedural Compliance
• Bid Disqualification
• Mandatory Requirements

Ilex South Africa (Pty) Limited v National Health Laboratory Service and Others (16167/2019)

Ilex South Africa (Pty) Limited v National Health Laboratory Service and Others (16167/2019) [2020] ZAGPJHC 368; 2021 (5) SA 587 (GJ) (15 September 2020)

Court

South Gauteng High Court, Johannesburg

Case number

16167/2019

Judge

Adams

High Court review of an HIV viral load tender held the NHLS award constitutionally invalid, but declined to set aside the resulting contracts.

• Public Procurement
• Preferential Procurement Policy Framework Act
• Promotion Of Administrative Justice Act
• Constitutional Invalidity
• Bid Disqualification
• Just And Equitable Remedy

Hemipac Investments (Pty) Ltd v Independent Electoral Commission and Others (EL1219/16)

Hemipac Investments (Pty) Ltd v Independent Electoral Commission and Others (EL1219/16) [2017] ZAECELLC 16 (22 September 2017)

Court

Eastern Cape High Court, East London Local Court

Case number

EL1219/16

Judge

Mageza AJ

The court found that, despite the broad and multi-pronged grounds of appeal advanced by the appellant, it could not rule out the reasonable prospect that another court may reach a different conclusion regarding the lawfulness and fairness of the bid disqualification. The judge acknowledged the contentious nature of procurement reviews and the differing interpretations in case law. While aligning with the more contextual approach to the 'reasonable prospect of success' standard, the court granted leave to appeal to the full court, noting that the appellant's arguments warranted further conside…

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• Promotion Of Administrative Justice Act
• Public Procurement
• Review Of Administrative Action
• Bid Disqualification