South Africa Case Law

Premier of Mpumalanga v CAJV (Pty) Ltd and Another (Review) (5503/2023)

Premier of Mpumalanga v CAJV (Pty) Ltd and Another (Review) (5503/2023) [2025] ZAMPMBHC 63 (25 July 2025)

Court

Mbombela High Court, Mpumalanga

Case number

5503/2023

Judge

Shai AJ

The High Court partly granted a self-review of Mpumalanga procurement contracts, set aside unlawful tender decisions, and ordered just and equitable relief on payments.

• Public Procurement Irregularity
• Self Review By Organ Of State
• Condonation For Delay
• Unlawful Contract Award
• Just And Equitable Remedy
• Legal Practice Act Fee Sharing

Special Investigating Unit and Another v Kroucamp Plumbers (Pty) Ltd and Another (WC01/2024)

Special Investigating Unit and Another v Kroucamp Plumbers (Pty) Ltd and Another (WC01/2024) [2025] ZAST 10 (13 June 2025)

Court

Special Tribunal

Case number

WC01/2024

Judge

D. Makhoba

The Special Tribunal set aside two public tenders to Kroucamp Plumbers, granted condonation for late filing, pierced the corporate veil, and dismissed the counterclaim.

• Public Procurement Irregularities
• Fraudulent Misrepresentation
• Piercing Corporate Veil
• Unjustified Enrichment
• Condonation For Delay
• Conflict Of Interest

Poseidon Operations (Pty) Ltd v Commissioner for South African Revenue Service and Others (23278/2022)

Poseidon Operations (Pty) Ltd v Commissioner for South African Revenue Service and Others (23278/2022) [2025] ZAGPPHC 539 (26 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

23278/2022

Judge

N.N Bam

The court found that the applicant had demonstrated, on the evidence, that the goods were not diverted and were delivered to the intended recipient in the DRC. The applicant's explanation for the error was credible, given the extraordinary circumstances of the COVID-19 pandemic and operational disruptions. SARS failed to conduct a fair and thorough investigation and did not substantiate its allegations of diversion or intention to mislead. The court admitted the applicant's hearsay evidence, supported by contemporaneous records and an affidavit from the mine employee, as it was reliable and c…

Source excerpt

• Customs And Excise Act
• Remission And Mitigation Of Penalties
• Promotion Of Administrative Justice Act
• Condonation For Delay
• Admission Of Hearsay Evidence
• Judicial Review

Special Investigating Unit v Kwasa Food Suppliers (Pty) Limited and Others (EC 02/2024)

Special Investigating Unit v Kwasa Food Suppliers (Pty) Limited and Others (EC 02/2024) [2025] ZAST 3 (12 February 2025)

Court

Special Tribunal

Case number

EC02/2024

Judge

M Victor

The Tribunal found that the SIU's delay in launching the review application was not willful but resulted from unique circumstances during the State of National Disaster, including resource constraints and procedural delays. Applying the interests of justice test, condonation for the late filing was granted. On the merits, the Tribunal held that the Proclamation and Schedule, when interpreted harmoniously, cover the SRD programme, even though the tender was initiated before the National Disaster period but awarded during it. However, the Tribunal determined that the SIU failed to challenge and…

Source excerpt

• Procurement Irregularities
• Condonation For Delay
• Legality Review
• State Of National Disaster
• Deviation From Tender Process

Special Investigating Unit v Nkhane Projects and Supply (Pty) Ltd and Another (GP 04/2023)

Special Investigating Unit v Nkhane Projects and Supply (Pty) Ltd and Another (GP 04/2023) [2024] ZAST 9 (5 August 2024)

Court

Special Tribunal

Case number

GP 04/2023

Judge

L.T. Modiba

The Tribunal found that the Gauteng Department of Health awarded contracts to Nkhane Projects and Supply (Pty) Ltd in clear violation of procurement prescripts, including the absence of a competitive bidding process, lack of proper deviation approval, and officials acting beyond their delegated authority. These uncontested irregularities rendered the contracts unlawful and invalid. The SIU's delay in bringing the application was condoned due to the seriousness of the irregularities and the interests of justice. The innocence of Nkhane as a tenderer was considered only in determining consequen…

Source excerpt

• Legality Review
• Public Procurement Irregularities
• Just And Equitable Relief
• Condonation For Delay
• No Profit No Loss Principle

Information Officer of Department of Health, Mpumalanga and Another v Dube (507/2021)

Information Officer of Department of Health, Mpumalanga and Another v Dube (507/2021) [2024] ZAMPMBHC 89 (20 February 2024)

Court

Mbombela High Court, Mpumalanga

Case number

507/2021

Judge

Greyling-Coetzer

The court found that the rescission application was not brought within a reasonable time, as the applicants failed to provide a full and reasonable explanation for the two-year delay. The majority of the delay was unexplained, and administrative difficulties or budgetary constraints do not justify non-compliance with court orders. The applicants were served with the original application and order but elected not to participate, thus their absence was not due to procedural irregularity. The court held that PAIA and the applicable rules require service on the information officer, not the MEC, a…

Source excerpt

• Promotion Of Access To Information Act
• Rescission Of Judgment
• Condonation For Delay
• Joinder Of Parties
• Procedural Irregularity

Minister of Agriculture, Land Reform and Rural Development and Another v Maidstone Planters Proactive Landowners Association and Others (LCC173/2011C)

Minister of Agriculture, Land Reform and Rural Development and Another v Maidstone Planters Proactive Landowners Association and Others (LCC173/2011C) [2023] ZALCC 39 (6 November 2023)

Court

Land Claims Court

Case number

LCC173/2011C

Judge

SJ Cowen

The Land Claims Court dismissed an urgent interdict to stop execution against departmental goods, holding the applicants failed to object to taxation and had no prima facie right.

• Interim Interdict
• Review Of Taxation
• Costs Award
• Warrants Of Execution
• Condonation For Delay
• Interim-interdict

Bhaki Trading and Suppliers CC v Ithala Development Finance Corporation Ltd (13477/2022P)

Bhaki Trading and Suppliers CC v Ithala Development Finance Corporation Ltd (13477/2022P) [2023] ZAKZPHC 50 (10 May 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

13477/2022P

Judge

Mngadi

The court dismissed an application to compel filing of a Rule 53 record in a PAJA review, holding the review was launched out of time without condonation.

• Promotion Of Administrative Justice Act
• Review Proceedings
• Condonation For Delay
• Exhaustion Of Internal Remedies
• Administrative-law
• Paja

Ringhaven Community Residents Association v Nunkissor and Others (D1142/2022)

Ringhaven Community Residents Association v Nunkissor and Others (D1142/2022) [2023] ZAKZDHC 18 (19 April 2023)

Court

Kwazulu-Natal High Court, Durban

Case number

D1142/2022

Judge

Nicholson AJ

The High Court dismissed an interim interdict seeking to halt development on land sold by a municipality, finding the review was launched too late and condonation was unjustified.

• Promotion Of Administrative Justice Act
• Public Participation
• Environmental Impact Assessment
• Condonation For Delay
• Interim Interdict
• Locus Standi

VZ Contractors CC v King Cetshwayo District Municipality and Others (5056/2021)

VZ Contractors CC v King Cetshwayo District Municipality and Others (5056/2021) [2023] ZAKZDHC 72 (9 March 2023)

Court

Kwazulu-Natal High Court, Durban

Case number

5056/2021

Judge

Singh AJ

The High Court set aside a municipality’s late tender award as invalid because the 90-day validity period had expired. The counter-application was dismissed with costs.

• Tender Validity Period
• Review Of Administrative Action
• Condonation For Delay
• Misrepresentation In Tender
• Costs Award
• Administrative-law