South Africa Case Law

Exacube CC t/a Exacube Training Institute v Gauteng Department of Agriculture and Rural Development and Another (32787/2017)

Exacube CC t/a Exacube Training Institute v Gauteng Department of Agriculture and Rural Development and Another (32787/2017) [2022] ZAGPJHC 910 (15 November 2022)

Court

South Gauteng High Court, Johannesburg

Case number

32787/2017

Judge

M A Makume

The High Court found that Gauteng unlawfully cancelled Exacube’s training contract without written notice, awarded Exacube outstanding sums, and dismissed the counterclaim.

• Breach Of Contract
• Specific Performance
• Government Procurement
• Damages For Repudiation
• Service Level Agreement
• Breach-of-contract

Hayes Matkovich Development (Pty) Ltd v Lekwa Local Municipality (34401/2012)

Hayes Matkovich Development (Pty) Ltd v Lekwa Local Municipality (34401/2012) [2015] ZAGPPHC 758 (16 September 2015)

Court

North Gauteng High Court, Pretoria

Case number

34401/2012

Judge

E Bertelsmann

The court found that the agreement of sale and the subsequent tender process for the development of the estate complied with the constitutional and statutory requirements for the disposal of municipal assets. The tender process was open, transparent, competitive, and fair, with all bidders informed of the obligation to compensate the plaintiff for prior losses. The defendant's arguments regarding unfairness and lack of compliance with section 217 of the Constitution and the MFMA were rejected, as the process followed all prescribed procedures and provided substantial benefit to the municipali…

Source excerpt

• Municipal Asset Disposal
• Breach Of Contract
• Tender Process
• Damages For Repudiation
• Alienation Of Land Act Compliance
• Supply Chain Management