South Africa Case Law

Mabotwane Security Services CC v Madibeng Local Municipality and Others (116843/2023)

Mabotwane Security Services CC v Madibeng Local Municipality and Others (116843/2023) [2024] ZAGPPHC 528 (28 May 2024)

Court

North Gauteng High Court, Pretoria

Case number

116843/2023

Judge

de Vos

The Court found that the applicant failed to demonstrate any material non-compliance with the bid specifications by the successful bidders. The alleged absence of proof of ISO 9001:2015 compliance was explained and supported by confirmatory affidavits, and the applicant conceded this point. The requirement for control room registration was not legally or factually possible, as such registration does not exist under the Private Security Industry Regulation Act. The applicant's superior inspection reports were irrelevant to the bid requirements. Regarding JV registration, the bid specifications…

Source excerpt

• Public Procurement
• Bid Specification Compliance
• Material Irregularity
• Leave To Appeal
• Costs Award

SS Salutions (Pty) Ltd t/a Seal Security v Western Cape Provincial Government and Others (9697/2023)

SS Salutions (Pty) Ltd t/a Seal Security v Western Cape Provincial Government and Others (9697/2023) [2024] ZAWCHC 51; [2024] 2 All SA 547 (WCC) (21 February 2024)

Court

Western Cape High Court, Cape Town

Case number

9697/2023

Judges

E.D. Wille, Gamble

The court found that the provincial respondents conducted the tender process in accordance with constitutional and statutory requirements, including section 217 of the Constitution and PAJA. The operational risk assessment was properly conducted at both the local office and the incumbent's head office, as permitted by the tender documents and in the interests of fairness and competition. The incumbent's compliance with statutory requirements (PSIRA, COIDA, police clearance) was verified and valid at the time of award, and any delays in documentation were due to administrative processes beyond…

Source excerpt

• Public Procurement
• Tender Review
• Promotion Of Administrative Justice Act
• Preferential Procurement Policy Framework Act
• Material Irregularity
• Costs Orders

Transnet SOC Ltd v Tipp-Con (Pty) Ltd and Others (797/2022)

Transnet SOC Ltd v Tipp-Con (Pty) Ltd and Others (797/2022) [2024] ZASCA 12 (31 January 2024)

Court

Supreme Court of Appeal

Case number

797/2022

Judges

Petse DP, Meyer JA, Windell AJA, Keightley AJA, Siwendu AJA

The Supreme Court of Appeal found that Transnet unreasonably delayed in initiating its self-review of the tender award and contract. The delay was unexplained, as Transnet had knowledge of the alleged irregularities at the time of the tender evaluation and contract conclusion. The court held that the irregularities raised by Transnet were not egregious or material; the fence installed was compliant with the contract and RFP, and any deviations were minor and did not prejudice Transnet or the public. The court emphasized that Transnet's conduct was opportunistic, seeking to avoid its contractu…

Source excerpt

• Legality Review
• Delay In Self Review
• Public Procurement
• Section 217 Constitution
• Material Irregularity
• Judicial Discretion

Choene v Johannesburg Metropolitan Bus Services (SOC) Ltd and Others (JR796/2017)

Choene v Johannesburg Metropolitan Bus Services (SOC) Ltd and Others (JR796/2017) [2021] ZALCJHB 400 (2 November 2021)

Court

Labour Court Johannesburg

Case number

JR796/2017

Judge

Van Niekerk

The Labour Court refused condonation for a late review of an arbitration award and dismissed the review, finding the delay unexplained and prospects limited.

• Condonation
• Review Of Arbitration Award
• Unfair Dismissal
• Material Irregularity
• Delay In Filing
• Review-of-arbitration-award

Kusa Kokutsha (Pty) Ltd V South African National Roads Agency SOC Limited and Others (26213/20)

Kusa Kokutsha (Pty) Ltd V South African National Roads Agency SOC Limited and Others (26213/20) [2020] ZAGPPHC 746 (8 December 2020)

Court

North Gauteng High Court, Pretoria

Case number

26213/20

Judge

C J van der Westhuizen

The High Court dismissed a review of SANRAL’s tender cancellation, holding that material irregularities justified cancellation and costs followed the event.

• Public Procurement
• Preferential Procurement Regulations
• Material Irregularity
• Delegation Of Authority
• Bbbee Compliance
• Public-procurement

Botes v S (AR321/2019)

Botes v S (AR321/2019) [2020] ZAKZPHC 53 (11 September 2020)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR321/2019

Judges

Chetty, Balton

The court found that the trial magistrate's failure to safeguard the appellant's right to legal representation, both by permitting his attorney to withdraw without proper enquiry and by refusing a reasonable postponement for the appellant to secure alternative representation, constituted a material irregularity. The subsequent lack of competent representation, including the failure to effectively cross-examine key witnesses, further prejudiced the appellant's right to a fair trial. The court held that these breaches of constitutional rights were sufficiently serious to vitiate the convictions…

Source excerpt

• Right To Legal Representation
• Fair Trial
• Section 35 Constitution
• Material Irregularity
• Competent Defence
• Withdrawal Of Counsel

MLZ Construction and Supplies CC t/a Procam v Mafujane NO and Others (JR2238/16)

MLZ Construction and Supplies CC t/a Procam v Mafujane NO and Others (JR2238/16) [2019] ZALCJHB 249 (19 September 2019)

Court

Labour Court Johannesburg

Case number

JR2238/16

Judge

L. Raphulu

The Labour Court reviewed and set aside a CCMA condonation ruling after finding the commissioner failed to consider the correct lateness and prospects of success.

• Condonation
• Rescission Application
• Material Irregularity
• Prospects Of Success
• Rescission-application
• Ccma-review

Council for Geoscience v New Resolution Geophysics and Another (61912/2018)

Council for Geoscience v New Resolution Geophysics and Another (61912/2018) [2019] ZAGPPHC 266 (29 May 2019)

Court

North Gauteng High Court, Pretoria

Case number

61912/2018

Judge

E.M. Kubushi

Review application over a tender award set aside after the court found a material VAT-rate error in bid evaluation under the legality principle.

• Public Procurement
• Principle Of Legality
• Preferential Procurement Policy Framework Act
• Material Irregularity
• Remittal Of Administrative Decision
• Public-procurement

S v Ramatar (171201/17)

S v Ramatar (171201/17) [2018] ZAWCHC 71; 2018 (2) SACR 414 (WCC) (30 May 2018)

Court

Western Cape High Court, Cape Town

Case number

171201/17

Judges

Sher, Henney

Automatic review of a regional court conviction was set aside after the magistrate improperly elicited the accused’s prior convictions before plea and conviction.

• Impartiality Of Presiding Officer
• Admissibility Of Previous Convictions
• Right To Fair Trial
• Material Irregularity
• Section 112 1 B Procedure
• Criminal-law

ABET Inspection Engineering (Pty) Ltd v The Petroleum Oil and Gas Corporation of South Africa and Another (A280/2017)

ABET Inspection Engineering (Pty) Ltd v The Petroleum Oil and Gas Corporation of South Africa and Another (A280/2017) [2018] ZAWCHC 7 (1 February 2018)

Court

Western Cape High Court, Cape Town

Case number

A280/2017

Judges

A.G. Binns-Ward, R. Allie, B.P. Mantame

The court found that Vumela's tender was substantively compliant with the requirements of the PPPFA and the tender specifications. The accreditation and certification attached to the business as an organisation or facility, not to its owner, and Vumela had acquired the accredited business as a going concern. SANAS and the Department of Labour were notified of the change of ownership, and accreditation and certification were subsequently issued in Vumela's name. Any irregularity in the tender process was purely formal and did not detract from the purpose of the relevant provisions. The court h…

Source excerpt

• Public Procurement
• Preferential Procurement Policy Framework Act
• Acceptable Tender
• Judicial Review
• Material Irregularity
• Sanctions For Non Compliance