South Africa Case Law

Powergroup SA (Pty) Limited v Karadeniz Holdings Limited and Others (2023/084314)

Powergroup SA (Pty) Limited v Karadeniz Holdings Limited and Others (2023/084314) [2023] ZAGPJHC 1080 (27 September 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023/084314

Judge

S C Mia

The court found that the applicant failed to establish the requirements for an interim interdict. The harm sought to be prevented, namely the transfer of shares, had already occurred, and an interdict cannot restore the status quo. The matter was not urgent as the transfer of shares requires ministerial approval, and the dispute is already pending before arbitration. The court held that the applicant did not demonstrate a clear right, irreparable harm, or that the balance of convenience favoured the grant of relief. The constitutional and final relief sought in Part B of the notice of motion…

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• Interim Interdict
• Shareholders Agreement
• Broad Based Black Economic Empowerment
• Fronting
• Urgent Application
• Corporate Governance

Masakhe Media (Pty) Ltd v Mangaung Metropolitan Municipality and Others (3455/2021)

Masakhe Media (Pty) Ltd v Mangaung Metropolitan Municipality and Others (3455/2021) [2023] ZAFSHC 74 (16 March 2023)

Court

Free State High Court, Bloemfontein

Case number

3455/2021

Judges

C. J. Musi, C. Reinders

The court found that the Mangaung Metropolitan Municipality failed to comply with its own supply chain management policy and the law when it attempted to extend the bid validity period after expiry, without proper consent or authorisation. The awards to Provantage and Young were made after the tender process had ended and were therefore invalid. Young's bid was non-compliant and should not have been considered. The decisions were reviewable under PAJA and set aside for being unfair, irrational, and procedurally defective. In determining a just and equitable remedy, the court weighed the inter…

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• Municipal Tender Review
• Promotion Of Administrative Justice Act
• Bid Validity Period
• Just And Equitable Remedy
• Fronting
• Procedural Fairness

Sasol Oil Limited v B-BEE Commission and Others (21415/2020)

Sasol Oil Limited v B-BEE Commission and Others (21415/2020) [2022] ZAGPPHC 431 (14 June 2022)

Court

North Gauteng High Court, Pretoria

Case number

21415/2020

Judge

Selby Baqwa

The High Court reviewed and set aside the B-BEE Commission’s findings against Sasol Oil, holding they were procedurally unfair, irrational, and time-barred.

• Promotion Of Administrative Justice Act
• Broad Based Black Economic Empowerment
• Fronting Practices
• Procedural Fairness
• Time Barred Administrative Action
• Administrative-law

Broad-Based Black Economic Empowerment Commission v Cargo Carriers Proprietary Limited (76000/2019)

Broad-Based Black Economic Empowerment Commission v Cargo Carriers Proprietary Limited (76000/2019) [2022] ZAGPPHC 318 (18 May 2022)

Court

North Gauteng High Court, Pretoria

Case number

76000/2019

Judge

S. Potterill

The court found that the applicant's grounds for leave to appeal were without merit. The Plascon-Evans principle was correctly applied, as there were clear disputes of fact requiring its use. The Swissborough case remains applicable to review proceedings, and the applicant failed to demonstrate any alternative legal standard. The evidence of training was properly admitted, and the applicant did not establish the jurisdictional facts for fronting. No evidence was presented that Afrisam required ODI's as a condition, nor that Cargo Carriers benefited improperly. The applicant's arguments were u…

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• Leave To Appeal
• Dispute Of Fact
• Plascon Evans Principle
• Fronting
• Review Proceedings

Swifambo Rail Leasing (Pty) Limited v Passenger Rail Agency of South Africa (1030/2017)

Swifambo Rail Leasing (Pty) Limited v Passenger Rail Agency of South Africa (1030/2017) [2018] ZASCA 167; 2020 (1) SA 76 (SCA) (30 November 2018)

Court

Supreme Court of Appeal

Case number

1030/2017

Judges

Lewis, Ponnan, Zondi, Makgoka, Schippers

The SCA set aside PRASA’s locomotive tender to Swifambo, finding corruption, fronting, and material non-compliance. It held the review delay was reasonable or condonable.

• Tender Irregularities
• Fronting
• Broad Based Black Economic Empowerment Act
• Delay In Review
• Condonation
• Corruption In Procurement

Green Mile Investments 340 CC v Khuthala Property Consortium (Pty) Limited and Another (5188/2016P;5434/2017P;429/2016D)

Green Mile Investments 340 CC v Khuthala Property Consortium (Pty) Limited and Another (5188/2016P;5434/2017P;429/2016D) [2018] ZAKZPHC 16 (18 May 2018)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

5188/2016P;5434/2017P;429/2016D

Judge

Mbatha

The court found that the notarial lease registered in favour of Khuthala Property Consortium (Pty) Limited was invalid. The municipal council had resolved to contract with Alliance Property Group, not Khuthala or Crowned Cormorant, and no proper authority existed for the lease registration. The Power of Attorney was signed prematurely and without the required mandate from the MEC or council approval. The process ignored statutory procurement requirements, including the oversight role of the MEC and the need for transparency and proper authorisation. The involvement of shelf companies and the…

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• Municipal Procurement
• Invalidity Of Contract
• Authority Of Public Officials
• Preferential Procurement Policy Framework Act
• Fronting
• Public Tender Irregularities

Q4 Fuel (Pty) Ltd v Ratune and Another (78914/2017)

Q4 Fuel (Pty) Ltd v Ratune and Another (78914/2017) [2017] ZAGPPHC 1252 (21 December 2017)

Court

North Gauteng High Court, Pretoria

Case number

78914/2017

Judge

Khumalo

Urgent application for an interim interdict restraining former directors from alleged defamation and representations about shareholding failed for lack of proof and interim relief requirements.

• Interim Interdict
• Shareholder Dispute
• Defamation
• Fronting
• Broad Based Black Economic Empowerment
• Removal Of Directors

Passenger Rail Agency of South Africa v Swifambo Rail Agency (Pty) Ltd (2015/42219)

Passenger Rail Agency of South Africa v Swifambo Rail Agency (Pty) Ltd (2015/42219) [2017] ZAGPJHC 177; [2017] 3 All SA 971 (GJ); 2017 (6) SA 223 (GJ) (3 July 2017)

Court

South Gauteng High Court, Johannesburg

Case number

2015/42219

Judge

Francis

The High Court set aside PRASA’s locomotive tender to Swifambo, condoned a long PAJA delay, and held the award was tainted by irregularities and fronting.

• Public Procurement
• Promotion Of Administrative Justice Act
• Fronting Practices
• Just And Equitable Remedy
• Tax Clearance Certificate
• Bid Specification Manipulation

Sunshine Entertainment CC t/a 'The New Maroela Hotel' and Another v Gauteng Gambling Board and Another (45777/2014)

Sunshine Entertainment CC t/a 'The New Maroela Hotel' and Another v Gauteng Gambling Board and Another (45777/2014) [2017] ZAGPJHC 173 (2 May 2017)

Court

South Gauteng High Court, Johannesburg

Case number

45777/2014

Judge

Opperman

The High Court set aside the Gauteng Gambling Board’s refusal of LPM licence applications, finding reliance on unauthorised criteria, procedural unfairness, and irrationality.

• Promotion Of Administrative Justice Act
• Procedural Fairness
• Broad Based Black Economic Empowerment
• Fronting
• Licensing Criteria
• Proliferation Of Gambling

Champion Sealers CC v Van Heerden (943/2016)

Champion Sealers CC v Van Heerden (943/2016) [2017] ZAFSHC 16 (6 February 2017)

Court

Free State High Court, Bloemfontein

Case number

943/2016

Judge

C Reinders

The High Court ordered re-registration of two vehicles into Champion Sealers CC’s name, despite a fronting concern, and referred the papers to the DPP.

• Ownership Of Moveable Property
• Fronting
• Registration Of Vehicles
• Broad Based Black Economic Empowerment Act
• Contract Cancellation
• Vehicle-registration