South Africa Case Law

Ngaraga Properties (Pty) Ltd v MEC for Education, Limpopo Province and Others (11183/2024)

Ngaraga Properties (Pty) Ltd v MEC for Education, Limpopo Province and Others (11183/2024) [2025] ZALMPPHC 138 (23 July 2025)

Court

Limpopo High Court, Polokwane

Case number

11183/2024

Judge

Mashifane

The High Court granted an interim interdict halting performance of a sanitary pads tender contract pending review, finding a prima facie procurement challenge and favourable balance of convenience.

• Interim Interdict
• Tender Review
• Preferential Procurement Policy
• Collusion In Tendering
• Section 217 Constitution
• Bid Evaluation

SKG Africa (Pty) Ltd v South African Local Government Association and Another (3641/2023)

SKG Africa (Pty) Ltd v South African Local Government Association and Another (3641/2023) [2025] ZAECMKHC 53 (19 June 2025)

Court

Eastern Cape High Court, Makhanda

Case number

3641/2023

Judge

JGA Laing

The court reviewed SALGA’s procurement decision after finding it failed to evaluate all of SKG Africa’s multiple bids and ordered a fresh tender process.

• Public Procurement
• Preferential Procurement Policy Framework Act
• Review Of Administrative Action
• Bid Evaluation
• Just And Equitable Remedy
• Costs Award

Helios Security and Risk Management CC and Another v College of Cape Town and Others (22265/2023)

Helios Security and Risk Management CC and Another v College of Cape Town and Others (22265/2023) [2024] ZAWCHC 319 (18 October 2024)

Court

Western Cape High Court, Cape Town

Case number

22265/2023

Judge

Vivier, P AJ

High Court review of a college security tender was granted after unlawful bid evaluation and award decisions. The college’s counter-application for consequential relief was dismissed.

• Public Procurement
• Promotion Of Administrative Justice Act
• Procedural Fairness
• Bid Evaluation
• Self Review
• Just And Equitable Remedy

Oneconnect Solutions (Pty) Ltd v University of Johannesburg and Others (2023/122252)

Oneconnect Solutions (Pty) Ltd v University of Johannesburg and Others (2023/122252) [2024] ZAGPJHC 713 (30 July 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/122252

Judge

G S Myburgh

The High Court granted leave to appeal in a tender dispute, holding that another court might reasonably differ on whether the applicant’s tender was non-compliant.

• Leave To Appeal
• Public Tender
• Non Compliance
• Bid Evaluation
• Leave-to-appeal
• Public-tender

Mopani Flying Squad and Alarm Response (Pty) Ltd v Mopani District Municipality and Another (354/2022)

Mopani Flying Squad and Alarm Response (Pty) Ltd v Mopani District Municipality and Another (354/2022) [2024] ZALMPPHC 43 (7 May 2024)

Court

Limpopo High Court, Polokwane

Case number

354/2022

Judge

M V Semenya

The applicant failed to provide substantive facts or specify the grounds under section 6(2) of PAJA upon which the review application was based. The founding affidavit contained vague statements and did not challenge the respondents' version or the record of proceedings. The court found that the tender process was lawful, reasonable and procedurally fair, and that the applicant's failure to supplement its papers after receiving the rule 53 record indicated an inability to find facts to support its allegations. The point of non-joinder was dismissed as the other successful bidders' rights were…

Source excerpt

• Promotion Of Administrative Justice Act
• Public Procurement
• Bid Evaluation
• Non Joinder
• Punitive Costs

Fezi Consultants and Auditors (Pty) Ltd v Centlec (SOC) Ltd and Another (1318/2022)

Fezi Consultants and Auditors (Pty) Ltd v Centlec (SOC) Ltd and Another (1318/2022) [2023] ZAFSHC 503 (27 December 2023)

Court

Free State High Court, Bloemfontein

Case number

1318/2022

Judges

NM MBHELE, NS DANISO

The High Court refused leave to appeal after finding no reasonable prospects of success and upheld the costs order, rejecting reliance on Biowatch.

• Promotion Of Administrative Justice Act
• Bid Evaluation
• Costs Award
• Leave To Appeal
• Constitutional Litigation
• Leave-to-appeal

Keegans Auto Spares and Accessories CC t/a Jaymees Midas v National Treasury of South Africa and Others (38145/2022)

Keegans Auto Spares and Accessories CC t/a Jaymees Midas v National Treasury of South Africa and Others (38145/2022) [2023] ZAGPPHC 2008 (12 December 2023)

Court

North Gauteng High Court, Pretoria

Case number

38145/2022

Judge

N Davis

The court dismissed a review of a provincial automotive-parts tender, holding that Keegans failed to prove the required provincial footprint and Treasury could verify bids by due diligence.

• Public Procurement
• Bid Evaluation
• Procedural Fairness
• Preferential Procurement Policy Framework Act
• Due Diligence
• Disqualification Of Bidder

Mapitsi Civil Works (Pty) Limited and Another v MEC for Roads and Transport for the Gauteng Provincial Government and Others (28418/22)

Mapitsi Civil Works (Pty) Limited and Another v MEC for Roads and Transport for the Gauteng Provincial Government and Others (28418/22) [2023] ZAGPPHC 2067 (2 November 2023)

Court

North Gauteng High Court, Pretoria

Case number

28418/22

Judge

MPN Mbongwe

The High Court dismissed a tender review because the applicants failed to exhaust the internal appeal process under PAJA before approaching court.

• Promotion Of Administrative Justice Act
• Public Procurement
• Preferential Procurement Policy Framework Act
• Internal Remedies Exhaustion
• Bid Evaluation
• Probity Audit

Fezi Consultants and Auditors (Pty) Ltd v Centlec (SOC) Ltd (1381/2022)

Fezi Consultants and Auditors (Pty) Ltd v Centlec (SOC) Ltd (1381/2022) [2023] ZAFSHC 325 (15 August 2023)

Court

Free State High Court, Bloemfontein

Case number

1381/2022

Judges

Mbhele, Daniso

The court found that Fezi misunderstood the requirements of the tender, resulting in non-responsive pricing and failure to meet the prescribed minimum qualifying criteria. The tender documents were clear, and Fezi's bid did not comply with the technical specifications or the pricing schedule. The bid evaluation committee was not permitted to deviate from the conditions of the tender or condone non-compliance. The principles of fairness, equity, transparency, competitiveness, and cost-effectiveness, as set out in section 217(1) of the Constitution and the Preferential Procurement Policy Framew…

Source excerpt

• Public Procurement
• Promotion Of Administrative Justice Act
• Preferential Procurement Policy Framework Act
• Acceptable Tender
• Bid Evaluation
• Threshold Requirement

Ngaraga Properties v Member of the Executive Council Responsible for Education, Limpopo Province and Others (6752/2021)

Ngaraga Properties v Member of the Executive Council Responsible for Education, Limpopo Province and Others (6752/2021) [2023] ZALMPPHC 26 (25 May 2023)

Court

Limpopo High Court, Polokwane

Case number

6752/2021

Judge

M V Semenya

The court found that the Department of Education failed to comply with mandatory and material requirements in the tender process, including the submission of audited financial statements, valid track record letters, and SABS certification by the third respondent. The Department's disqualification of the applicant for not owning the manufacturing plant was inconsistent, as the third respondent also did not own the plant. The reliance on documents from other entities by the third respondent was impermissible, and the Department's argument that these requirements were immaterial was rejected. Th…

Source excerpt

• Promotion Of Administrative Justice Act
• Government Procurement
• Bid Evaluation
• Mandatory Requirements
• Fairness In Tender Process