Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
1 court collection
Last checked

South Africa decisions

Decisions matching the current search

Clear filters
Administrative Law [2023] ZALMPPHC 41

Maximum Profit Recovery (Pty) Ltd v Bela-Bela Local Municipality and Others (8965/2022)

Maximum Profit Recovery (Pty) Ltd v Bela-Bela Local Municipality and Others (8965/2022) [2023] ZALMPPHC 41 (11 April 2023)

The court found that the tender process was unlawful on three main grounds: (1) the tenders were not opened in public, violating mandatory requirements and undermining transparency as required by Section 217 of the Constitution and PAJA; (2) the functionality criterion requiring a chartered accountant was irrational and irrelevant to the purpose of the tender, as previously held in similar cases; and (3) there was no evidence that the Fifth Respondent was tax compliant at the time of the award, which was a compulsory requirement. The court rejected the Respondents' preliminary defences, findi…

  • Municipal Tender Review
  • Promotion Of Administrative Justice Act
  • Constitutional Invalidity
  • Public Procurement
  • Tax Compliance
  • Irrational Tender Criteria
Read case analysis

About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.