South Africa Case Law

MD Business Solutions (Pty) Ltd v Ikhwezi Local Municipality (3304/16)

MD Business Solutions (Pty) Ltd v Ikhwezi Local Municipality (3304/16) [2017] ZAECGHC 56 (18 May 2017)

Court

Eastern Cape High Court, Grahamstown

Case number

3304/16

Judge

C Plasket

The court held that Ikwezi Local Municipality failed to bring a counter-application to set aside the administrative decisions to contract with MD Business Solutions. In accordance with the Oudekraal and Kirland principles, administrative actions remain effective until set aside by a court in proper proceedings. The respondent's mere assertion of invalidity, without a formal review application or explanation for delay, is insufficient to challenge the enforceability of the contracts. The applicant established its entitlement to the claimed amounts through uncontroverted evidence of services re…

Source excerpt

• Public Procurement
• Enforceability Of Administrative Action
• Judicial Review
• Contractual Liability
• Delay In Review
• Condonation

Murray NO and Others v National Consumer Commission and Others, Auction Alliance (Pty) Ltd v National Consumer Commision and Others (NCT/4454/2012/101(1)(P)CPA, NCT/4570/2012/101(1)(P)CPA)

Murray NO and Others v National Consumer Commission and Others, Auction Alliance (Pty) Ltd v National Consumer Commision and Others (NCT/4454/2012/101(1)(P)CPA, NCT/4570/2012/101(1)(P)CPA) [2012] ZANCT 17 (30 July 2012)

Court

National Consumer Tribunal

Case number

NCT/4454/2012/101(1)(P)CPA; NCT/4570/2012/101(1)(P)CPA

Judges

P A Beck, T Woker, D Terblanche

The Tribunal cancelled a compliance notice, holding it was issued without a prior complaint or investigation against the liquidators and was unenforceable against Auction Alliance.

• Compliance Notice Review
• Consumer Protection Act
• Procedural Irregularity
• Audi Alteram Partem
• Jurisdictional Facts
• Enforceability Of Administrative Action