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South Africa Case Law

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Administrative Law [2025] ZAST 11

Special Investigating Unit v Bendalo Holdings (Pty) Ltd and Another (EC23/2024)

Special Investigating Unit v Bendalo Holdings (Pty) Ltd and Another (EC23/2024) [2025] ZAST 11 (10 July 2025)

The Tribunal found that the SIU had locus standi to bring the application, as its mandate under the Proclamation and the SIU Act extended to investigating matters connected to the National State of Disaster, including the procurement of SRD food parcels. The Tribunal rejected Bendalo's argument that the SIU's mandate was limited to events after 1 January 2020, holding that the Proclamation and Schedule must be interpreted harmoniously and that the impugned decision was sufficiently connected to the National State of Disaster. However, the Tribunal upheld Bendalo's point of non-joinder, findin…

  • Public Procurement
  • Deviation From Tender Process
  • Locus Standi
  • Non Joinder
  • Constitutionality Of Procurement
  • Preferential Procurement Policy
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Administrative Law [2025] ZAFSHC 24

Maluti-A-Phofung Local Municipality v Kill Crime Security Service (Pty) Ltd and Others (2237/2023)

Maluti-A-Phofung Local Municipality v Kill Crime Security Service (Pty) Ltd and Others (2237/2023) [2025] ZAFSHC 24 (30 January 2025)

The court found that the service level agreements and acknowledgment of debt were concluded in violation of section 217 of the Constitution and relevant procurement legislation, as they were not subjected to a competitive bidding process. The municipal manager was unauthorized and conflicted in concluding the acknowledgment of debt. The agreements are constitutionally invalid. The default judgment was granted in the applicant's absence due to deliberate failure to defend, orchestrated by conflicted officials. The application before the court is a legality review, not a PAJA review. In terms o…

  • Constitutionality Of Procurement
  • Legality Review
  • Municipal Supply Chain Management
  • Default Judgment Rescission
  • Acknowledgment Of Debt
  • Accrued Rights Preservation
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Civil Procedure [2024] ZASCA 56

KET Civils CC v Member of the Executive Committee: Police, Roads & Transport, Free State and Others (497/2022 & 820/2022)

KET Civils CC v Member of the Executive Committee: Police, Roads & Transport, Free State and Others (497/2022 & 820/2022) [2024] ZASCA 56 (19 April 2024)

The Supreme Court of Appeal found that the applicant had made out a proper case for reconsideration under section 17(2)(f) of the Superior Courts Act. The high court erred in dismissing the application for leave to appeal. The procurement process for the panel contracts was inconsistent with section 217 of the Constitution and invalid to the extent of its inconsistency. However, the declaration of invalidity was suspended until the completion of the contracts to avoid disruption. The rights of KET Civils CC to pursue claims for payment under its contracts were preserved, and the dispute resol…

  • Leave To Appeal
  • Review Of Administrative Action
  • Constitutionality Of Procurement
  • Superior Courts Act
  • Settlement Agreement As Order
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.