South Africa Case Law

Datacentrix (Pty) Ltd v South African National Parks and Others (041563/2024)

Datacentrix (Pty) Ltd v South African National Parks and Others (041563/2024) [2025] ZAGPPHC 325 (11 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

041563/2024

Judge

M.P. Motha

High Court review of SANParks’ ICT tender award upheld Datacentrix’s challenge, finding Gijima did not meet mandatory financial-statement requirements.

• Public Procurement
• Mandatory Tender Requirements
• Promotion Of Administrative Justice Act
• Fairness In Tender Process
• Bid Disqualification
• Interpretation Of Tender Documents

Mpuzi Business Enterprise CC v Eskom Holdings Soc Ltd and Others (19716/2024)

Mpuzi Business Enterprise CC v Eskom Holdings Soc Ltd and Others (19716/2024) [2025] ZAWCHC 79 (5 March 2025)

Court

Western Cape High Court, Cape Town

Case number

19716/2024

Judge

Slingers

The court found that the award of 200 points to bidder 44 was procedurally irregular and not transparent, as the process for locating missing mandatory documents was not explained or shown to be uniformly applied. This contravened section 217(1) of the Constitution. Furthermore, the court held that the phrase 'in all respects' in the deadlock breaking mechanism must be interpreted to include functionality, price, and specific goals, as this aligns with the plain language of the tender documents, the applicable regulations, and the constitutional objectives of fair and competitive procurement.…

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• Public Procurement
• Tender Award Review
• Procedural Fairness
• Preferential Procurement Regulations
• Interpretation Of Tender Documents

Babcock Ntuthuko Engineering (Pty) Ltd v Eskom Holdings SOC Limited and Others (64288/2021)

Babcock Ntuthuko Engineering (Pty) Ltd v Eskom Holdings SOC Limited and Others (64288/2021) [2022] ZAGPPHC 865 (17 November 2022)

Court

North Gauteng High Court, Pretoria

Case number

64288/2021

Judge

Millar

The court found that the tender requirements regarding ISO 3834 were ambiguous, using 'certification' and 'certificate' inconsistently. Babcock had provided evidence of certification in its covering letter and subsequently submitted the certificates when requested. Eskom's interpretation that 'certification' required the submission of a certificate was not supported by the wording of the tender documents, which distinguished between the two terms elsewhere. The ambiguity was not clarified by Eskom, and tenderers were not given an opportunity to rectify the omission, resulting in procedurally…

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• Public Procurement
• Tender Disqualification
• Procedural Fairness
• Promotion Of Administrative Justice Act
• Interpretation Of Tender Documents

Eigenbau Proprietary Limited v Umgeni Water and Others (12642/2021P)

Eigenbau Proprietary Limited v Umgeni Water and Others (12642/2021P) [2022] ZAKZPHC 25 (14 June 2022)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

12642/2021P

Judge

Chetty

Review of a tender award for a sludge dewatering plant was upheld because the winner’s experience was miscounted, causing it to pass functionality unlawfully.

• Tender Review
• Promotion Of Administrative Justice Act
• Bid Evaluation
• Public Procurement
• Interpretation Of Tender Documents
• Just And Equitable Remedy