South Africa Case Law

Infinite Blue Trading 29 CC t/a Motau Projects v City Power Johannesburg (SOC) Ltd and Others (2019/501)

Infinite Blue Trading 29 CC t/a Motau Projects v City Power Johannesburg (SOC) Ltd and Others (2019/501) [2019] ZAGPJHC 169 (30 May 2019)

Court

South Gauteng High Court, Johannesburg

Case number

2019/501

Judge

Sutherland

High Court review of a City Power tender found irrational scoring in functionality, unlawful exclusion of the applicant, and invalidity of the award.

• Public Procurement
• Preferential Procurement Policy Framework Act
• Bid Irregularities
• Tender Review
• Punitive Costs
• Disciplinary Referral

Madiba and Others v Minister of Arts and Culture and Others (9034/2016)

Madiba and Others v Minister of Arts and Culture and Others (9034/2016) [2017] ZAGPPHC 502; [2017] 4 All SA 111 (GP) (17 August 2017)

Court

North Gauteng High Court, Pretoria

Case number

9034/2016

Judge

Tuchten

The court found that the Minister's decision to dissolve the Pan South Africa Language Board was lawful and reasonable. The Minister acted on reasonable grounds, including the Board's failure to fulfil its statutory mandate, poor leadership, disregard for fiscal and governance responsibilities, and unlawful summary dismissal of employees. The principle of audi alteram partem was satisfied by notifying the Board through its chairperson, who was statutorily authorised to represent the Board. The Board's conduct in dismissing employees was based on flawed legal advice procured by fraudulent conc…

Source excerpt

• Audi Alteram Partem
• Ministerial Discretion
• Board Dissolution
• Unfair Dismissal
• Public Finance Management
• Disciplinary Referral