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South Africa Case Law

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Administrative Law [2012] ZAFSHC 118

Mothapo Consulting Engineers (Pty) Ltd t/a Mothapo Projects v Nala Local Municipality (1053/2012)

Mothapo Consulting Engineers (Pty) Ltd t/a Mothapo Projects v Nala Local Municipality (1053/2012) [2012] ZAFSHC 118 (21 June 2012)

The court found that the respondent failed to provide credible, reliable, and admissible evidence to substantiate its allegations of non-compliance with procurement legislation and its own Supply Chain Management Policy. The respondent's version was vague, unsubstantiated, and unsupported by documentation or firsthand witness evidence. Minor procedural irregularities, such as the truncated tender period and committee composition, did not amount to material breaches warranting nullification of the tender process or the Service Level Agreement. The applicant's appointment and the SLA were valid…

  • Municipal Procurement
  • Service Level Agreement
  • Legality Of Tender Process
  • Interdict
  • Pacta Servanda Sunt
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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.