South Africa Case Law

Special Investigating Unit v Helicopter and Airplane Logistical Operations (Pty) Ltd and Others (GP07/2023)

Special Investigating Unit v Helicopter and Airplane Logistical Operations (Pty) Ltd and Others (GP07/2023) [2025] ZAST 8 (5 June 2025)

Court

Special Tribunal

Case number

GP07/2023

Judge

Mashile

The Tribunal found that the procurement process for the award and extension of the contract to the joint venture was materially irregular and unlawful. The advertised tender period was changed from 12 months to 3 years after bid closure, limiting competition and violating transparency and fairness. Committee members were not properly appointed in writing, and the construction component failed to comply with CIDB registration and advertising requirements. The contract extension was unauthorised and not approved by the Accounting Officer. These irregularities contravened section 217 of the Cons…

Source excerpt

• Public Procurement
• Irregular Award Of Tender
• Self Review
• Construction Industry Development Board
• Preferential Procurement Policy Framework Act
• Just And Equitable Remedy

Mining Qualifications Authority v IFU Training Institute (Pty) Ltd (2016/44912)

Mining Qualifications Authority v IFU Training Institute (Pty) Ltd (2016/44912) [2018] ZAGPJHC 455 (26 June 2018)

Court

South Gauteng High Court, Johannesburg

Case number

2016/44912

Judge

Roland Sutherland

The High Court set aside an irregular tender award after finding multiple bid and process defects, and suspended invalidity while a lawful tender is re-awarded.

• Public Procurement
• Principle Of Legality
• Irregular Award Of Tender
• Suspension Of Invalidity
• Forfeiture Of Profits
• Public-procurement