South Africa Case Law

KGP Media Investments (Pty) Limited v Passenger Rail Agency of South Africa and Another (23826/16)

KGP Media Investments (Pty) Limited v Passenger Rail Agency of South Africa and Another (23826/16) [2016] ZAGPPHC 211 (19 April 2016)

Court

North Gauteng High Court, Pretoria

Case number

23826/16

Judge

Tuchten

Urgent interim interdict refused in a procurement dispute; the applicant had an adequate alternative remedy and the balance of convenience favoured Prasa.

• Interim Interdict
• Public Procurement
• Administrative Action
• Remedial Action By Public Protector
• Contractual Dispute
• Constitutional Procurement Requirements

Blue Nightingale Trading 397 (Pty) Ltd t/a Siyenza Group v Amathole District Municipality (EL881/15, ECD1681/15)

Blue Nightingale Trading 397 (Pty) Ltd t/a Siyenza Group v Amathole District Municipality (EL881/15, ECD1681/15) [2015] ZAECELLC 16; [2016] 1 All SA 721 (ELC); 2017 (1) SA 172 (ECG) (24 November 2015)

Court

Eastern Cape High Court, East London Local Court

Case number

EL881/15, ECD1681/15

Judge

Alkema

The court held that Regulation 32 and section 110(2)(c) of the LGMFMA did not permit the respondent to contract directly with the applicant for goods and services that were materially different in scope and price from those procured under the SLA with MISA. The exemption from standard procurement processes is only valid where the municipality contracts with another organ of state for the same goods or services at the same price, and with the supplier's consent. In this case, the Amathole Agreement introduced new terms, a vastly increased contract price, and different goods and services, none…

Source excerpt

• Municipal Supply Chain Management
• Regulation 32 Interpretation
• Constitutional Procurement Requirements
• Contractual Validity
• Competitive Bidding
• Tender Process Exemption

Metroprojects Development (Pty) Ltd v Jozini Local Municipality and Others (8027/2012)

Metroprojects Development (Pty) Ltd v Jozini Local Municipality and Others (8027/2012) [2014] ZAKZPHC 66 (28 February 2014)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

8027/2012

Judge

Seegobin

The court found that the tender process for the Siqakatha Housing Project was vitiated by material irregularities, including the absence of a prescribed price, failure to specify evaluation criteria, and non-compliance with statutory and policy requirements. These defects violated the core constitutional values of fairness, transparency, and competitiveness in public procurement. The process did not meet the requirements of an 'acceptable tender' under the Preferential Procurement Policy Framework Act, and the municipality's Supply Chain Management Policy was disregarded. The court held that…

Source excerpt

• Municipal Tender Review
• Procurement Irregularities
• Promotion Of Administrative Justice Act
• Preferential Procurement Policy Framework Act
• Legality Principle
• Constitutional Procurement Requirements

MEC for Education, Northern Cape v Bateleur Books (Pty) Ltd (298/08)

MEC for Education, Northern Cape v Bateleur Books (Pty) Ltd (298/08) [2009] ZASCA 33; 2009 (4) SA 639 (SCA) ; [2009] 3 All SA 127 (SCA) (31 March 2009)

Court

Supreme Court of Appeal

Case number

298/08

Judges

Cameron, Mthiyane, Jafta, Maya, Boruchowitz

The majority held that the department's abrupt change in procurement practice, excluding publishers without notice after years of close involvement, was unfair and unlawful. The publishers had a legitimate expectation to be consulted before such a change, given the established practice and their reliance on it. The department's failure to provide notice or opportunity to make representations violated elementary fairness and the principles of administrative justice. The procurement process, while aiming for efficiency, could not override the duty of fair decision-making. The appeal was dismiss…

Source excerpt

• Legitimate Expectation
• Procedural Fairness
• Procurement Processes
• Promotion Of Administrative Justice Act
• Constitutional Procurement Requirements