South Africa Case Law

East London Boating Association v Transnet SOC Limited (EL1571/2022)

East London Boating Association v Transnet SOC Limited (EL1571/2022) [2024] ZAECELLC 19 (14 May 2024)

Court

Eastern Cape High Court, East London Local Court

Case number

EL1571/2022

Judge

Cengani-Mbakaza

The court dismissed an application for a declaratory order about a lease tender, holding that the highest score did not fix the lease terms and negotiation of market-related rent was lawful.

• Public Procurement
• Preferential Procurement Policy Framework Act
• Constitution Section 217
• Tender Award Criteria
• Market Related Pricing
• Public-procurement

Swissport South Africa Proprietary Limited v Airports Company South Africa Soc Limited and Others (2022/003417)

Swissport South Africa Proprietary Limited v Airports Company South Africa Soc Limited and Others (2022/003417) [2023] ZAGPJHC 216 (10 March 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022/003417

Judge

Dlamini

The court found that ACSA took reasonable measures to ensure that the pricing model used in the tender process was commercially viable and market-related. The evidence of Ms. Mphephu, who was directly involved in the formulation and evaluation of the pricing schedule, was unchallenged and demonstrated that ACSA interrogated the market-relatedness of the prices. The applicant failed to provide evidence of low-balling or that the prices submitted were not market-related. The inclusion of penalty provisions in the Service Level Agreement further mitigated any risk of low-balling. Regarding the m…

Source excerpt

• Public Procurement
• Preferential Procurement Policy Framework Act
• Market Related Pricing
• Tender Review
• Merger Control

Van der Merwe v Bonnievale Piggery (Pty) Ltd (749/2020)

Van der Merwe v Bonnievale Piggery (Pty) Ltd (749/2020) [2021] ZASCA 162 (1 December 2021)

Court

Supreme Court of Appeal

Case number

749/2020

Judges

Saldulker, Schippers, Nicholls, Mbatha, Hughes

The Supreme Court of Appeal held that the parties’ pricing-based business arrangement ended when they could not agree on carcass prices, and dismissed the counterclaim and appeal.

• Breach Of Contract
• Unlawful Competition
• Confidential Information
• Market Related Pricing
• Restraint Of Trade
• Quantum Of Damages