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South Africa Case Law

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Administrative Law [2025] ZALMPPHC 85

ML Nkosi Electrical Contractors CC and Another v Ba-Phalaborwa Local Municipality (Appeal) (HCAA40/2023)

ML Nkosi Electrical Contractors CC and Another v Ba-Phalaborwa Local Municipality (Appeal) (HCAA40/2023) [2025] ZALMPPHC 85 (25 April 2025)

Court
Limpopo High Court, Polokwane
Case number
HCAA40/2023
Judges
Bresler AJ, Naude-Odendaal J, Du Plessis AJ

The court found that the award of Tender 06/2012 to the appellants was unlawful and invalid due to procedural irregularities and non-compliance with statutory and constitutional procurement requirements. Despite the respondent's delay in instituting self-review proceedings, the importance of upholding the rule of law and legality outweighed the delay. Both parties had performed under the contract, and there was no evidence of fraud or bad faith by the appellants. The court held that, although the contract must be declared invalid, justice and equity require that the appellants not be deprived…

Source excerpt

  • Municipal Tender Review
  • Unlawful Contract
  • Delay In Self Review
  • Just And Equitable Remedy
  • Section 172 Constitution
  • Public Procurement Irregularities
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Administrative Law [2024] ZASCA 12

Transnet SOC Ltd v Tipp-Con (Pty) Ltd and Others (797/2022)

Transnet SOC Ltd v Tipp-Con (Pty) Ltd and Others (797/2022) [2024] ZASCA 12 (31 January 2024)

Court
Supreme Court of Appeal
Case number
797/2022
Judges
Petse DP, Meyer JA, Windell AJA, Keightley AJA, Siwendu AJA

The Supreme Court of Appeal found that Transnet unreasonably delayed in initiating its self-review of the tender award and contract. The delay was unexplained, as Transnet had knowledge of the alleged irregularities at the time of the tender evaluation and contract conclusion. The court held that the irregularities raised by Transnet were not egregious or material; the fence installed was compliant with the contract and RFP, and any deviations were minor and did not prejudice Transnet or the public. The court emphasized that Transnet's conduct was opportunistic, seeking to avoid its contractu…

Source excerpt

  • Legality Review
  • Delay In Self Review
  • Public Procurement
  • Section 217 Constitution
  • Material Irregularity
  • Judicial Discretion
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Administrative Law [2024] ZAKZPHC 4

Isimangaliso Wetland Park Authority v Sibiya and Others (16706/2022P)

Isimangaliso Wetland Park Authority v Sibiya and Others (16706/2022P) [2024] ZAKZPHC 4 (30 January 2024)

Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
16706/2022P
Judge
Mossop

The court found that the applicant's delay in bringing the self-review application exceeded four years and eight months and was not adequately explained in either the founding or replying affidavits. The explanation provided was vague, incomplete, and failed to account for the entire period of delay. The court held that the delay was unreasonable and prejudicial to the respondents, offending the principle of finality. On the merits, the court determined that the World Heritage Convention Act and its Regulations, as published in the Government Gazette, permit permanent appointments to the Exec…

Source excerpt

  • Principle Of Legality
  • Delay In Self Review
  • Conversion Of Fixed Term Contracts
  • Employment Status
  • Prejudice And Finality
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Constitutional Law [2021] ZASCA 34

Govan Mbeki Municipality v New Integrated Credit Solutions (Pty) Ltd (121/2020)

Govan Mbeki Municipality v New Integrated Credit Solutions (Pty) Ltd (121/2020) [2021] ZASCA 34; [2021] 2 All SA 700 (SCA); 2021 (4) SA 436 (SCA) (7 April 2021)

Court
Supreme Court of Appeal
Case number
121/2020
Judges
Navsa, Dambuza, Mocumie, Kgoele, Goosen

The Supreme Court of Appeal held that the contract between Govan Mbeki Municipality and New Integrated Credit Solutions (Pty) Ltd was unconstitutional and invalid due to egregious non-compliance with procurement regulations and constitutional imperatives. The inclusion of a 2.5% commission for debts younger than 60 days was not subjected to a competitive bidding process, lacked demonstrable benefits, and was unfair to other bidders. The municipality's delay in seeking self-review was unreasonable and not overlooked, but the court was compelled to declare the contract invalid. Applying section…

Source excerpt

  • Public Procurement
  • Municipal Supply Chain Management
  • Delay In Self Review
  • Just And Equitable Remedy
  • Contract Invalidity
  • Accrued Rights
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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.