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South Africa Case Law

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Civil Procedure [2025] ZAGPPHC 136

Govan Mbeki Municipality v Bosch Munitech (Pty) Ltd (Leave to Appeal) (33425/2016)

Govan Mbeki Municipality v Bosch Munitech (Pty) Ltd (Leave to Appeal) (33425/2016) [2025] ZAGPPHC 136 (18 February 2025)

The High Court refused Govan Mbeki Municipality’s leave to appeal application, holding that it had not shown reasonable prospects of success under section 17 of the Superior Courts Act.

  • Leave To Appeal
  • Public Procurement
  • Tender Validity Periods
  • Estoppel Against State
  • Delay In Legality Review
  • Municipal Contracts
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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)

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…

  • Self Review
  • Delay In Legality Review
  • Public Procurement
  • Just And Equitable Relief
  • Contractual Invalidity
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Administrative Law [2022] ZAECQBHC 45

Fleet Sync Caltex Joint Venture v Nelson Mandela Bay Metropolitan Municipality and Others (1884/2020)

Fleet Sync Caltex Joint Venture v Nelson Mandela Bay Metropolitan Municipality and Others (1884/2020) [2022] ZAECQBHC 45 (15 November 2022)

The court found that the municipality's delay of 16 months in bringing the counter application to review the tender award was unreasonable and not justified by any adequate explanation. The conduct of the municipality and its officials, including the failure to advise the applicant of the successful bid, engagement in an unlawful objection process, and refusal to deliver the review record, constituted bad faith and egregious maladministration. The court held that the delay could not be overlooked in the interests of justice, and the municipality had not acted in accordance with its higher dut…

  • Municipal Procurement
  • Promotion Of Administrative Justice Act
  • Delay In Legality Review
  • Preferential Procurement Policy Framework Act
  • Judicial Deference
  • Punitive Costs
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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.