South Africa Case Law

Maximum Profit Recovery (Pty) Ltd v Umlalazi Municipality and Others (17686/23P)

Maximum Profit Recovery (Pty) Ltd v Umlalazi Municipality and Others (17686/23P) [2024] ZAKZPHC 100 (11 November 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

17686/23P

Judge

Marion

The court found that the applicant was not required to exhaust internal remedies because the available remedies were either ineffective or unavailable due to the late notification and the accrual of rights to successful tenderers. The functionality criteria in the tender were irrational, particularly for VAT recovery and actuarial services, as they required all directors to be chartered accountants, which was not relevant to all disciplines and excluded capable tenderers. The tender failed to provide for a preference point scoring system, lacked transparency in the post-panel appointment proc…

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• Municipal Tender Review
• Irrationality
• Constitutional Procurement
• Preferential Procurement Policy
• Exhaustion Of Internal Remedies
• Panel Appointment Irregularity

Esorfranki Pipelines (Pty) Ltd v Mopani District Municipality (CCT 222/21)

Esorfranki Pipelines (Pty) Ltd v Mopani District Municipality (CCT 222/21) [2022] ZACC 41; 2023 (2) BCLR 149 (CC); 2023 (2) SA 31 (CC) (30 November 2022)

Court

Constitutional Court

Case number

CCT 222/21

Judges

Madlanga, Majiedt, Mathopo, Mhlantla, Mlambo, Theron, Tshiqi, Unterhalter

The Constitutional Court held that economic loss sustained as a result of a breach of section 217 of the Constitution, whether or not the breach is intentional, is not recoverable in delict. The principle of subsidiarity and the scheme of the Promotion of Administrative Justice Act (PAJA) require that claims for compensation for administrative injustice be pursued under PAJA, which provides for just and equitable relief, including compensation in exceptional cases. Extending the common law to allow delictual claims for such loss would subvert the legislative framework and create parallel syst…

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• Promotion Of Administrative Justice Act
• Constitutional Procurement
• Loss Of Profit
• Wrongfulness
• Public Policy
• Subsidiarity

Provincial Government: North West and Another v Tsoga Developers CC and Others (M 115/15)

Provincial Government: North West and Another v Tsoga Developers CC and Others (M 115/15) [2015] ZANWHC 36 (4 June 2015)

Court

North West High Court, Mafikeng

Case number

M 115/15

Judge

DJAJE

The High Court dismissed an urgent application to suspend writs of execution, holding the applicants lacked locus standi and had not met the interdict requirements.

• Interim Interdict
• Writ Of Execution
• Consent Order
• Settlement Agreement
• State Liability
• Constitutional Procurement