South Africa Case Law

Ngaraga Properties v Member of the Executive Council Responsible for Education, Limpopo Province and Others (6752/2021)

Ngaraga Properties v Member of the Executive Council Responsible for Education, Limpopo Province and Others (6752/2021) [2023] ZALMPPHC 26 (25 May 2023)

Court

Limpopo High Court, Polokwane

Case number

6752/2021

Judge

M V Semenya

The court found that the Department of Education failed to comply with mandatory and material requirements in the tender process, including the submission of audited financial statements, valid track record letters, and SABS certification by the third respondent. The Department's disqualification of the applicant for not owning the manufacturing plant was inconsistent, as the third respondent also did not own the plant. The reliance on documents from other entities by the third respondent was impermissible, and the Department's argument that these requirements were immaterial was rejected. Th…

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• Promotion Of Administrative Justice Act
• Government Procurement
• Bid Evaluation
• Mandatory Requirements
• Fairness In Tender Process

Exacube CC t/a Exacube Training Institute v Gauteng Department of Agriculture and Rural Development and Another (32787/2017)

Exacube CC t/a Exacube Training Institute v Gauteng Department of Agriculture and Rural Development and Another (32787/2017) [2022] ZAGPJHC 910 (15 November 2022)

Court

South Gauteng High Court, Johannesburg

Case number

32787/2017

Judge

M A Makume

The High Court found that Gauteng unlawfully cancelled Exacube’s training contract without written notice, awarded Exacube outstanding sums, and dismissed the counterclaim.

• Breach Of Contract
• Specific Performance
• Government Procurement
• Damages For Repudiation
• Service Level Agreement
• Breach-of-contract

Tswelopele Local Municipality v H T Pelatona Projects (Pty) Ltd (2214/2022)

Tswelopele Local Municipality v H T Pelatona Projects (Pty) Ltd (2214/2022) [2022] ZAFSHC 184 (3 August 2022)

Court

Free State High Court, Bloemfontein

Case number

2214/2022

Judges

N.M. MBHELE, J.J. MHLAMBI, M. OPPERMAN

The High Court held that an interim interdict was not automatically suspended by leave to appeal and upheld the appeal, dismissing contempt relief.

• Interim Interdict
• Suspension Of Orders On Appeal
• Contempt Of Court
• Government Procurement
• Constitutional Right To Sanitation
• Interim-interdict

Special Investigating Unit and Another v Caledon River Properties(Pty) Ltd and Another (GP/17/2020)

Special Investigating Unit and Another v Caledon River Properties(Pty) Ltd and Another (GP/17/2020) [2022] ZAST 6 (8 March 2022)

Court

Special Tribunal

Case number

GP/17/2020

Judge

L.T. Modiba

The Tribunal found that both parties failed to lead evidence to substantiate their pleaded cases regarding the remedy. The applicants' claim for full repayment of prepaid amounts was inconsistent with the established no profit no loss principle in government procurement invalidity cases. The respondents did not establish exceptional circumstances justifying retention of vested rights or profits. Applying the Constitutional Court's guidance, the Tribunal held that the just and equitable remedy is to divest the respondents of any profits earned under the invalid contracts, but not to leave them…

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• Government Procurement
• Just And Equitable Remedy
• No Profit No Loss Principle
• Section 172 Constitution
• Public Interest
• Contract Invalidity

Grand Landscaping CC v City of Cape Town and Others (13604/13)

Grand Landscaping CC v City of Cape Town and Others (13604/13) [2017] ZAWCHC 77 (15 June 2017)

Court

Western Cape High Court, Cape Town

Case number

13604/13

Judge

LE GRANGE

The court found that the functionality criteria in the tender document required bidders to list equipment and staff that would be available for the contract, but did not require ownership or rental at the time of submission. The City's approach of verifying claims after the award but before contract commencement was reasonable and did not undermine the fairness or transparency of the process. The alleged irregularities in functionality scoring and B-BBEE allocation were either immaterial or adequately rectified, and did not justify setting aside the entire evaluation process. The applicant fa…

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• Promotion Of Administrative Justice Act
• Government Procurement
• Tender Evaluation
• Preferential Procurement
• B Bbee Scoring
• Judicial Review Remedies

Minister of Justice & Constitutional Development v Setumo Force Security CC (A894/13)

Minister of Justice & Constitutional Development v Setumo Force Security CC (A894/13) [2015] ZAGPPHC 232 (30 March 2015)

Court

North Gauteng High Court, Pretoria

Case number

A894/13

Judges

M F Legodi, W R C Prinsloo, C Pretorius

The High Court granted condonation and upheld an appeal, holding that the court a quo wrongly dismissed a non-existent amendment application and should have allowed a Rule 28(4) application.

• Amendment Of Pleadings
• Condonation
• Tender Award Dispute
• Withdrawal Of Admissions
• Government Procurement
• Amendment-of-pleadings