South Africa Case Law

Bha-Phalaborwa Municipality v Makwande Chartered Accountants and Business Advisors (3042/2019)

Bha-Phalaborwa Municipality v Makwande Chartered Accountants and Business Advisors (3042/2019) [2020] ZALMPPHC 28 (27 May 2020)

Court

Limpopo High Court, Polokwane

Case number

3042/2019

Judge

GC Muller

The court found that the respondent did not validly submit its bid in accordance with the municipality's supply chain management policy, as its name was not recorded in the register and the explanation for its inclusion was implausible. The oral amendment to the contract was concluded without council approval and public notice, in contravention of section 116 of the MFMA. Both the original contract and its oral amendment were declared void ab initio due to these statutory and procedural irregularities. The delay in bringing the collateral review was condoned in the public interest, as denying…

Source excerpt

• Municipal Supply Chain Management
• Collateral Review
• Void Contract
• Preferential Procurement Policy Framework Act
• Oral Amendment Of Contract
• Unlawful Administrative Action

Tasima (Pty) Ltd v Department of Transport and Others (44095/12)

Tasima (Pty) Ltd v Department of Transport and Others (44095/12) [2015] ZAGPPHC 421 (23 June 2015)

Court

North Gauteng High Court, Pretoria

Case number

44095/12

Judge

Hughes

The court dismissed Tasima’s urgent application, upheld the counter-application, reviewed and set aside the 2010 contract extension, and declared it void ab initio.

• Contract Extension
• Contempt Of Court
• Transfer Management Plan
• Collateral Review
• Public Procurement
• Void Ab Initio