South Africa Case Law

National Director of Public Prosecutions v Khoza and Others (44862/2021)

National Director of Public Prosecutions v Khoza and Others (44862/2021) [2024] ZAGPPHC 1324 (19 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

44862/2021

Judge

M.P. Motha

The court found that the applicant met the low evidential threshold required under section 25 of POCA, as the uncontested evidence established reasonable grounds for believing that a confiscation order may be made against the first, second, and third defendants. The defendants failed to file answering affidavits and relied solely on attacking the founding affidavit, which was insufficient to rebut the applicant's case. The evidence showed that Tshepo Khoza manipulated procurement processes, supplied false information, and failed to declare relevant interests and relationships, thereby facilit…

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• Prevention Of Organised Crime Act
• Restraint Order
• Confiscation Order
• Declaration Of Interest
• Procurement Irregularities

Siemans Energy (Pty) Ltd and Others v City of Cape Town and Others (19749/2022)

Siemans Energy (Pty) Ltd and Others v City of Cape Town and Others (19749/2022) [2024] ZAWCHC 193 (25 July 2024)

Court

Western Cape High Court, Cape Town

Case number

19749/2022

Judge

Andrews

The High Court dismissed Siemens Energy’s review of the City of Cape Town’s abuse finding and suspended procurement restriction under the SCM policy.

• Promotion Of Administrative Justice Act
• Municipal Supply Chain Management
• Public Procurement
• Strict Liability In Procurement
• Review Of Administrative Action
• Declaration Of Interest

Mabotwane Security Services v Rustenburg Local Municipality and Another (UM119/19)

Mabotwane Security Services v Rustenburg Local Municipality and Another (UM119/19) [2020] ZANWHC 70 (20 August 2020)

Court

North West High Court, Mafikeng

Case number

UM119/19

Judge

M.E. Mahlangu

The court held that the applicant’s bid was not an acceptable tender and dismissed its review, while granting the municipality’s counter-application.

• Public Procurement
• Acceptable Tender
• Preferential Procurement Policy Framework Act
• Municipal Finance Management Act
• Bid Evaluation
• Declaration Of Interest

Khuselani Security and Risk Management (Pty) Ltd v KwaZulu-Natal Provincial Treasury (743/19P)

Khuselani Security and Risk Management (Pty) Ltd v KwaZulu-Natal Provincial Treasury (743/19P) [2019] ZAKZPHC 43 (7 March 2019)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

743/19P

Judge

Chetty

The court held that the respondent's cancellation of the contract was not administrative action subject to PAJA, but rather a contractual termination governed by the terms of the contract and common law. The allegations of fraud, although untested, were serious and justified the respondent's immediate action to disassociate itself from the applicant in the interest of clean governance. The applicant failed to establish a prima facie right to reinstatement, as its prospects of success in a review were slim. The harm alleged by the applicant was quantifiable and could be remedied by damages, ma…

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• Promotion Of Administrative Justice Act
• Contractual Termination
• Interim Interdict
• Public Procurement
• Urgency
• Declaration Of Interest

Tshopo and Others v S (A60/08)

Tshopo and Others v S (A60/08) [2011] ZAFSHC 114; 2013 (1) SACR 127 (FB) (17 June 2011)

Court

Free State High Court, Bloemfontein

Case number

A60/08

Judges

Cillié, Moloi

Appeal from fraud convictions arising from a provincial education tender was dismissed. The court found nondisclosure, misrepresentation, and no basis to interfere with sentence.

• Fraud
• Misrepresentation
• Declaration Of Interest
• Prejudice
• Sentencing Discretion
• Tender-procurement

Ntaopane v S (A223/06)

Ntaopane v S (A223/06) [2009] ZAFSHC 54 (30 April 2009)

Court

Free State High Court, Bloemfontein

Case number

A223/06

Judges

S. Ebrahim, A.F. Jordaan

The Free State High Court dismissed an appeal against conviction and sentence for fraud arising from a tender non-disclosure. It refused to increase the sentence.

• Fraud
• Non Disclosure In Tender
• Declaration Of Interest
• Sentence Increase Application
• Tender-non-disclosure
• Declaration-of-interest