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South Africa Case Law

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Administrative Law [2024] ZAGPPHC 905

African Exploration Mining and Finance Corporation (SOC) Limited v LME Plant Hire (Pty) Ltd (060853/2023)

African Exploration Mining and Finance Corporation (SOC) Limited v LME Plant Hire (Pty) Ltd (060853/2023) [2024] ZAGPPHC 905 (9 September 2024)

Court
North Gauteng High Court, Pretoria
Case number
060853/2023
Judge
Retief

The Court found that the applicant's delay in bringing the self-review application was unreasonable and inadequately explained, as the applicant failed to provide any substantive justification for not acting sooner. Nevertheless, the Court exercised its discretion to overlook the delay, given the public interest in preventing harm to the public purse and the fact that the rental agreement was concluded for an amount higher than the Board-approved contract price. The Court determined that the rental agreement was invalid due to lack of proper Board approval and breach of procurement conditions…

Source excerpt

  • Self Review
  • Delay In Legality Review
  • Public Procurement
  • Just And Equitable Relief
  • Contractual Invalidity
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Administrative Law [2023] ZAGPJHC 1438

Hlaniki Investment Holdings (Pty) Ltd v City of Ekurhuleni Metropolitan Municipality (23998/2017)

Hlaniki Investment Holdings (Pty) Ltd v City of Ekurhuleni Metropolitan Municipality (23998/2017) [2023] ZAGPJHC 1438 (13 June 2023)

Court
South Gauteng High Court, Johannesburg
Case number
23998/2017
Judge
Francis

The court found that the Service Level Agreement between the applicant and respondent was invalid as it extended beyond three budgetary years without compliance with section 33 of the MFMA. The issue of legality was not raised mero motu but during closing arguments, and both parties were given an opportunity to address it. The applicant failed to amend its particulars of claim or seek deviation from National Treasury. The court determined that public funds were at stake and could not ignore statutory non-compliance. All grounds for leave to appeal were previously considered and did not raise…

Source excerpt

  • Municipal Finance Management Act
  • Leave To Appeal
  • Public Procurement
  • Contractual Invalidity
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Commercial And Corporate [2020] ZAGPJHC 257

Special Investigating Unit v Chauke Quantity Surveyors & Project Management in association with listed entities and Others (45529/16)

Special Investigating Unit v Chauke Quantity Surveyors & Project Management in association with listed entities and Others (45529/16) [2020] ZAGPJHC 257 (27 October 2020)

Court
South Gauteng High Court, Johannesburg
Case number
45529/16
Judge
P.A. Meyer

The court found that the contract between the Department of Public Works and the consortium contemplated that the scope of work and project cost would be determined after the award of the tender, and that percentage-based fees would be paid accordingly. The increase in scope and cost was authorised by the Department through instructions and approvals at various stages, and the consortium acted on these instructions. The applicant failed to establish that the increase was unauthorised or that any breach occurred that would render the contract void ab initio. The court held that contract law do…

Source excerpt

  • Public Procurement
  • Contractual Invalidity
  • Scope Of Work Variation
  • Declaratory Relief
  • Enrichment Claims
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Administrative Law [2018] ZAGPPHC 900

Trudon (Pty) Ltd (formerly TDS Directory Operations ) v National Prosecuting Authority and Another (43247/2014)

Trudon (Pty) Ltd (formerly TDS Directory Operations ) v National Prosecuting Authority and Another (43247/2014) [2018] ZAGPPHC 900 (23 November 2018)

Court
North Gauteng High Court, Pretoria
Case number
43247/2014
Judge
U Bhoola

The court held that the defendants, as organs of state, are not entitled to ignore their own decision to conclude the agreements or to raise invalidity as a defence without instituting proper review proceedings or at least an application for a declarator. The principle established in Oudekraal and affirmed in Kirland and Merafong is that administrative acts, even if unlawful, remain effective until set aside by a court. The collateral challenge doctrine is available only in limited and appropriate circumstances, typically where a party is coerced into compliance with an unlawful administrativ…

Source excerpt

  • Legality Of Administrative Action
  • Collateral Challenge
  • Public Procurement
  • Contractual Invalidity
  • Constitutional Principle Of Legality
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Commercial And Corporate [2015] ZASCA 54

Hansa Silver (Pty) Ltd and Others v Obifon (Pty) Ltd t/a The High Street Auction Company (192/2014)

Hansa Silver (Pty) Ltd and Others v Obifon (Pty) Ltd t/a The High Street Auction Company (192/2014) [2015] ZASCA 54; 2015 (4) SA 17 (SCA) (30 March 2015)

Court
Supreme Court of Appeal
Case number
192/2014
Judges
Navsa, Shongwe, Saldulker, Van der Merwe, Meyer

The Supreme Court of Appeal held that the auctioneer's bids on behalf of the sellers did not constitute misrepresentation or fraud. The rules of the auction, which permitted vendor bidding up to the reserve price, were made available and read out to all bidders, including the appellants. The Consumer Protection Act requires only prior notice of vendor bidding, not contemporaneous identification of such bids. The regulations cited by the appellants do not apply to auctioneers bidding on behalf of sellers. The appellants, being experienced in auctions, were not misled or induced by any alleged…

Source excerpt

  • Auction Sales
  • Vendor Bidding
  • Misrepresentation
  • Consumer Protection Act
  • Contractual Invalidity
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.