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South Africa Case Law

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Administrative Law [2024] ZASCA 183

Zeal Health Innovations (Pty) Ltd v Minister of Defence and Military Veterans and Another (967/2023)

Zeal Health Innovations (Pty) Ltd v Minister of Defence and Military Veterans and Another (967/2023) [2024] ZASCA 183 (27 December 2024)

Court
Supreme Court of Appeal
Case number
967/2023
Judges
Zondi, Makgoka, Mabindla-Boqwana, Weiner, Bloem

The Supreme Court of Appeal found that the Acting Director-General unlawfully committed the Department to a contract price that exceeded the appropriated budget, in breach of s 38(2) of the PFMA and the principle of legality. The award of the tender and the contract were declared constitutionally invalid. However, Zeal Health was found to be an innocent party that had rendered services in good faith. The Court held that, while the contract was invalid, Zeal Health retained the right to pursue payment for services rendered as a just and equitable remedy under s 172(1)(b) of the Constitution. T…

Source excerpt

  • Public Procurement
  • Constitutional Invalidity
  • Just And Equitable Remedy
  • Specific Performance
  • Principle Of Legality
  • Budgetary Compliance
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Administrative Law [2018] ZAECMHC 36

Jezile and Others v Mnquma Local Municipality (167/18)

Jezile and Others v Mnquma Local Municipality (167/18) [2018] ZAECMHC 36 (31 July 2018)

Court
Eastern Cape High Court, Mthatha
Case number
167/18
Judge
Nhlangulela

The court found that although employment contracts were purportedly concluded between the applicants and the Municipality, the process was fundamentally flawed due to the absence of an approved budget and lack of proper authority. The Acting Municipal Manager, Mr Plata, acted beyond his powers, and the recruitment process was terminated before the applicants signed their appointment letters. The Municipality was legally obliged to correct the irregularity and was entitled to challenge the validity of the contracts. The applicants failed to provide sufficient evidence of budgetary approval, an…

Source excerpt

  • Municipal Employment
  • Invalid Contract
  • Specific Performance
  • Budgetary Compliance
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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.