Great Afro Trading CC t/a Somerset Cold Storage v Ports Regulator of South Africa and Another (D11098/2021) [2024] ZAKZDHC 71 (14 October 2024)
Court
Kwazulu-Natal High Court, Durban
Case number
D11098/2021
Judge
B P Sibiya
The High Court held that the Ports Regulator could determine the lawfulness of Transnet’s conduct under the National Ports Act and dismissed the review with costs.
Tubestone (Pty) Ltd v Recycling & Economic Development Initiative of South Africa NPC - Appeal (A251/22) [2024] ZAWCHC 24; [2024] 2 All SA 292 (WCC); 2024 (3) SA 207 (WCC) (5 February 2024)
Court
Western Cape High Court, Cape Town
Case number
A251/22
Judges
M Sher, C Fortuin, B Mantame
The court held that Tubestone's delay in raising collateral challenges to the waste tyre levies was material and unjustified. Tubestone had actual knowledge of the plan and its requirements, subscribed to it, and paid levies for four years without protest. It only raised illegality when enforcement was sought, providing no explanation for its delay. The interests of finality and certainty in administrative decisions, as well as the absence of a cogent explanation for the delay, weighed against entertaining the collateral challenge. Furthermore, the merits of Tubestone's challenge were tenuous…
Thabzo Security Services CC v Msunduzi Municipality and Others (2682/23P) [2023] ZAKZPHC 122 (24 October 2023)
Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
2682/23P
Judge
Annandale AJ
The High Court held that Thabzo’s tender bid was non-responsive for failing mandatory financial-statement requirements and dismissed interim relief with punitive costs.
Kunene Rampala Inc. v North West Province Department of Education and Sport and Development (460/2022) [2023] ZASCA 120 (15 September 2023)
Court
Supreme Court of Appeal
Case number
460/2022
Judges
Mbatha, Mothle, Hughes, Matojane, Mali
The Supreme Court of Appeal held that the addendum to the service level agreement was concluded in breach of section 217 of the Constitution and the applicable public procurement prescripts, including the Public Finance Management Act and Treasury Regulations. The transaction value exceeded the threshold requiring an open tender, which was not followed. The addendum unlawfully increased the scope, duration, and fees of the contract without competitive bidding. The Department was entitled to raise the invalidity of the addendum in its plea, and the court could declare the contract invalid and…
Matsepe and Another v Minister of Finance and Others (10139/2022) [2022] ZAGPPHC 824 (1 November 2022)
Court
North Gauteng High Court, Pretoria
Case number
10139/2022
Judge
E.M Kubushi
The court found that Regulation 6(c) of the Municipal Investment Regulations applies exclusively to municipalities, municipal entities, and their investment managers, not to third parties such as the First Applicant. The First Applicant is not threatened by coercive action under Regulation 6(c), and thus cannot raise a collateral challenge. The criminal charges against the First Applicant are based on POCA and PRECCA, focusing on corruption and money laundering, and are not dependent on the validity of Regulation 6(c). The applicants failed to establish locus standi and did not bring the appl…
Woolworths (PTY) Ltd v Phala N.O. and Others (JR 2113/21) [2022] ZALCJHB 265 (16 September 2022)
Court
Labour Court Johannesburg
Case number
JR 2113/21
Judge
Van Niekerk
The court held that the CCMA lacked jurisdiction to arbitrate the dispute referred by the union because the issues raised did not fall within the statutory definition of 'unfair labour practice' under section 186(2) of the LRA. The union's demands related to new contractual terms and conditions, such as salary for reduced hours, medical aid membership, retirement age, and severance pay, which are matters of mutual interest and not unfair labour practices. The Labour Court had previously determined that these issues were matters of mutual interest to be resolved through negotiation and power-p…
Recycling and Economic Development Initiative of South Africa NPC v Tubestone (Pty) Ltd (16077/19) [2022] ZAWCHC 86 (23 May 2022)
Court
Western Cape High Court, Cape Town
Case number
16077/19
Judge
M Pangarker
The court found that the respondent was bound by the deed of adherence to the REDISA plan, as evidenced by its signature and conduct over several years. The argument that the plan was withdrawn was rejected based on the SCA's finding that the Minister lacked authority to withdraw approval once granted. The respondent's collateral challenge was not sustainable, as the administrative act was not of general application and the respondent had other remedies, such as review under PAJA, which it failed to pursue. The delay in raising the collateral challenge was unreasonable and not excusable. The…
Recycling and Economic Development Initiative of South Africa NPC v Pirelli Tyre (Pty) Ltd (69164/2019) [2022] ZAGPPHC 247 (19 April 2022)
Court
North Gauteng High Court, Pretoria
Case number
69164/2019
Judge
Sardiwalla
The court found that the respondent was contractually and statutorily obliged to pay the waste tyre management fee under the REDISA Plan and Deed of Adherence. The respondent did not dispute its indebtedness or the quantum but raised a collateral challenge regarding the lawfulness of the fee, alleging the applicant failed to review the fee annually and consult with consumer bodies. The court held that the REDISA Plan did not impose an absolute obligation on the applicant to include the respondent in the review process, and the applicant had complied with its notification obligations. The resp…
