South Africa Case Law

Maximum Profit Recovery (Pty) Ltd v Sakhisizwe Local Municipality and Another (1086/2019)

Maximum Profit Recovery (Pty) Ltd v Sakhisizwe Local Municipality and Another (1086/2019) [2025] ZAECMKHC 25 (18 March 2025)

Court

Eastern Cape High Court, Makhanda

Case number

1086/2019

Judge

Zono

The court found that the Municipality's failure to consider the applicant's documentation regarding registered tax practitioners constituted a material procedural irregularity and a relevant consideration that was ignored, rendering the tender award arbitrary and capricious. The Municipality's explanation for the oversight was inadequate and unsupported by direct evidence from the relevant committee members. The process was further tainted by a lack of transparency and fairness, giving rise to a reasonable apprehension of bias. The court held that the decision to award the tender to the secon…

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• Promotion Of Administrative Justice Act
• Public Procurement
• Preferential Procurement Policy Framework Act
• Judicial Review
• Constitutional Invalidity
• Municipal Tender Award

HT Pelatona Projects (Pty) Ltd v Tswelopele Local Municipality and Others (2214/2022)

HT Pelatona Projects (Pty) Ltd v Tswelopele Local Municipality and Others (2214/2022) [2022] ZAFSHC 97 (23 May 2022)

Court

Free State High Court, Bloemfontein

Case number

2214/2022

Judge

JP Daffue

The court found that the applicant had established a prima facie right to interim relief, as the tender was awarded to a joint venture that did not meet the mandatory CIDB grading requirements for both civil and mechanical engineering. The evidence presented by the applicant was not disputed by the respondents, and the Bid Evaluation Committee failed to consider relevant technical reports and mandatory requirements. The urgency of the matter was accepted, given the imminent implementation of the works and the delays attributable to the first respondent. The court held that irreparable harm wo…

Source excerpt

• Public Procurement
• Interim Interdict
• Preferential Procurement Policy Framework Act
• Municipal Tender Award
• Bid Evaluation
• Urgency In Interdicts

Bicacon (Pty) Ltd v City of Tshwane Metropolitan Municipality and Others (66170/2019)

Bicacon (Pty) Ltd v City of Tshwane Metropolitan Municipality and Others (66170/2019) [2019] ZAGPPHC 433 (20 September 2019)

Court

North Gauteng High Court, Pretoria

Case number

66170/2019

Judge

Potterill

The applicant failed to establish a prima facie right to the interim interdict. The City of Tshwane lawfully extended the bid validity period and notified all bidders, including the applicant, using the provided contact details. The joint venture's compliance with CIDB requirements was sufficient, as Blackhead's role was limited to consulting and did not require CIDB registration. The incorrect company registration number on the award letter was a clerical error and did not affect the legality of the award. The applicant did not demonstrate any irreparable harm, as it was not next in line for…

Source excerpt

• Public Procurement
• Interim Interdict
• Bid Evaluation
• Municipal Tender Award
• Cidb Compliance

Pro-Care Contracting (Pty) Ltd and Anor v Municipal Manager of Masilonyana Local Municipality and Others (1063/2019)

Pro-Care Contracting (Pty) Ltd and Anor v Municipal Manager of Masilonyana Local Municipality and Others (1063/2019) [2019] ZAFSHC 24 (20 March 2019)

Court

Free State High Court, Bloemfontein

Case number

1063/2019

Judge

Naidoo

Urgent application about a municipal tender award led to a partial interdict pending review, after the court found the applicants acted reasonably in awaiting tender documents.

• Promotion Of Administrative Justice Act
• Preferential Procurement Policy Framework Act
• Interim Interdict
• Contempt Of Court
• Municipal Tender Award
• Urgent Application Procedure

JL Excavators (Pty) Ltd v City of Tshwane Metropolitan Municipality and Others (27907/2018)

JL Excavators (Pty) Ltd v City of Tshwane Metropolitan Municipality and Others (27907/2018) [2018] ZAGPPHC 531 (13 June 2018)

Court

North Gauteng High Court, Pretoria

Case number

27907/2018

Judge

Maier-Frawley

The High Court granted urgent interdictory relief preventing the municipality from bypassing higher-ranked tenderers and ordering purchases contrary to Tender 46.

• Public Procurement
• Preferential Procurement Policy Framework Act
• Constitutional Procurement Principles
• Mandatory Interdict
• Service Level Agreement
• Municipal Tender Award

Esorfranki Pipelines v Mopani District Municipality and Others (56730/2012)

Esorfranki Pipelines v Mopani District Municipality and Others (56730/2012) [2018] ZAGPPHC 262 (11 April 2018)

Court

North Gauteng High Court, Pretoria

Case number

56730/2012

Judge

T M Makgoka

The High Court refused leave to appeal against dismissal of a damages claim, finding no reasonable prospects of success and no compelling reason to hear the appeal.

• Leave To Appeal
• Municipal Tender Award
• Damages Claim
• Reasonable Prospects Of Success
• Superior Courts Act
• Leave-to-appeal

Down Touch Investments (Pty) Ltd v Matjhabeng Local Municipality and Another (1172/2016)

Down Touch Investments (Pty) Ltd v Matjhabeng Local Municipality and Another (1172/2016) [2016] ZAFSHC 68 (29 March 2016)

Court

Free State High Court, Bloemfontein

Case number

1172/2016

Judge

C.D Pienaar

The applicant established a prima facie right to relief by demonstrating that its bid was disqualified on the basis of a requirement not contained in the tender documents, and that it provided sufficient evidence of company experience. The respondent failed to substantiate the necessity of completion certificates as a tender requirement. The applicant showed that, had its bid been properly evaluated, it would have scored the highest points and been awarded the contract. The court found that the balance of convenience favoured the applicant, as no substantial work had commenced and no service…

Source excerpt

• Promotion Of Administrative Justice Act
• Public Procurement
• Interim Interdict
• Municipal Tender Award
• Separation Of Powers

HT Pelatona Projects (Pty) Ltd v Dihlabeng Local Municipality and Others (5606/2015)

HT Pelatona Projects (Pty) Ltd v Dihlabeng Local Municipality and Others (5606/2015) [2016] ZAFSHC 34 (4 February 2016)

Court

Free State High Court, Bloemfontein

Case number

5606/2015

Judge

J.P. Daffue

The court dismissed an urgent application to interdict implementation of a municipal water pipeline tender award pending review, finding no prima facie right and that the public interest favoured completion.

• Interim Interdict
• Public Procurement
• Municipal Tender Award
• Audited Financial Statements Requirement
• Separation Of Powers
• Review Under Paja

Mavo & Josi Trading CC v Matoane and Others (32156/2012)

Mavo & Josi Trading CC v Matoane and Others (32156/2012) [2013] ZAGPPHC 423 (10 December 2013)

Court

North Gauteng High Court, Pretoria

Case number

32156/2012

Judge

R G Tolmay

The court dismissed a rescission application, holding that the applicant gave no reasonable explanation for default and no bona fide defence to the tender-review order.

• Municipal Tender Award
• Rescission Of Judgment
• Preferential Procurement Policy Framework Act
• Municipal Finance Management Act
• Promotion Of Administrative Justice Act
• Rescission-of-judgment

Evaluations Enhanced Property Appraisals (Pty) Ltd v Buffalo City Metropolitan and Others (EL 1544/2012, ECD 3561/2012)

Evaluations Enhanced Property Appraisals (Pty) Ltd v Buffalo City Metropolitan and Others (EL 1544/2012, ECD 3561/2012) [2012] ZAECELLC 22 (20 December 2012)

Court

Eastern Cape High Court, East London Local Court

Case number

EL 1544/2012, ECD 3561/2012

Judge

E Revelas

Urgent interim relief was granted in a tender dispute, with the court ordering reasons under Rule 53 and rejecting the urgency objection.

• Municipal Tender Award
• Interim Interdict
• Right To Fair Administrative Action
• Uniform Rule 53
• Municipal-tender-award
• Interim-interdict