South Africa Case Law

Pro Secure (Pty) Ltd v Mogale City Local Municipality and Others (2025-043172)

Pro Secure (Pty) Ltd v Mogale City Local Municipality and Others (2025-043172) [2025] ZAGPPHC 479 (16 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

2025-043172

Judge

Nyathi

The court found that the applicant had established a prima facie right to the relief sought, as the municipality deviated from its own policy and the RFQ by introducing 'special goals' as a scoring criterion not provided for. The applicant demonstrated irreparable harm in that the tender would be implemented before the review application could be heard, and no satisfactory alternative remedy was available. The balance of convenience favoured the applicant, as withholding the interdict would prejudice it more than the respondents. The requirements for an interim interdict were met, and the app…

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• Municipal Tender Process
• Interim Interdict
• Supply Chain Management Policy
• Review Of Administrative Action

Ideal Prepaid (Pty) Ltd v Kgetlengrivier Local Municipality and Another (514/2025)

Ideal Prepaid (Pty) Ltd v Kgetlengrivier Local Municipality and Another (514/2025) [2025] ZANWHC 65 (20 March 2025)

Court

North West High Court, Mafikeng

Case number

514/2025

Judge

A Reddy

The High Court granted urgent interim relief protecting prepaid meters, found urgency established, and held the applicant had a prima facie contractual right pending final proceedings.

• Interim Interdict
• Contractual Rights
• Municipal Tender Process
• Joinder Of Parties
• Urgency In Motion Proceedings
• Meter Management Agreements

New Generation Projects v Umdoni Local Municipality (D1598/2023)

New Generation Projects v Umdoni Local Municipality (D1598/2023) [2024] ZAKZDHC 62 (9 September 2024)

Court

Kwazulu-Natal High Court, Durban

Case number

D1598/2023

Judge

Mossop

The applicant was disqualified from the municipal tender process not because it was a sole proprietorship, but because it failed to submit a valid municipal rates certificate and a financial statement, both of which were essential bid requirements. The respondent was entitled to set these prerequisites, and the applicant did not challenge their reasonableness or constitutionality. The applicant did not deliver a replying affidavit to dispute the respondent's version, nor did it appear at the hearing or submit heads of argument. The respondent's allegations regarding non-compliance are therefo…

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• Public Procurement
• Bid Disqualification
• Review Of Administrative Action
• Municipal Tender Process

Rustenburg Local Municipality and Others v OS Holdings (Pty) Ltd (2358/2024)

Rustenburg Local Municipality and Others v OS Holdings (Pty) Ltd (2358/2024) [2024] ZANWHC 188 (17 July 2024)

Court

North West High Court, Mafikeng

Case number

2358/2024

Judge

S Mfenyana

The court found that the applicant failed to disclose material facts, specifically the answering affidavit from the previous urgent application where urgency was disputed and found lacking. The grounds for urgency in the present application were substantially the same as those previously rejected. The applicant did not participate in the second tender and thus lacked locus standi to interdict its adjudication. The court held that the ex parte order resulted in an injustice to the respondents and that the jurisdictional prerequisites for reconsideration under Rule 6(12)(c) were satisfied. The…

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• Municipal Tender Process
• Ex Parte Orders
• Urgency In Applications
• Material Non Disclosure
• Rule 6 12 C
• Costs Orders

JG Afrika (Pty) Limited v Intsika Yethu Municipality (380/2023)

JG Afrika (Pty) Limited v Intsika Yethu Municipality (380/2023) [2024] ZAECMKHC 36 (19 March 2024)

Court

Eastern Cape High Court, Makhanda

Case number

380/2023

Judge

Rugunanan

The High Court dismissed an exception to particulars of claim in a municipal engineering-services dispute, holding the pleadings disclosed a cause of action.

• Exception To Particulars Of Claim
• Cause Of Action
• Contractual Claim
• Municipal Tender Process
• Exception-to-particulars-of-claim
• Cause-of-action

City of Ekurhuleni Metropolitan Municipality v Intrax Investments 28 (Pty) Ltd and Another (006480-2023)

City of Ekurhuleni Metropolitan Municipality v Intrax Investments 28 (Pty) Ltd and Another (006480-2023) [2024] ZAGPJHC 213 (29 February 2024)

Court

South Gauteng High Court, Johannesburg

Case number

006480/2023

Judge

E W Dunn

The court found that the supplementary answering affidavit delivered by Intrax was properly served and a formal application for its admission was made. The applicant's omission to address occupation and possession from 1991 onward, and the conflation of the roles of various entities and individuals, justified the admission of further evidence to ensure a fair adjudication of the main application. The interests of justice required that all relevant facts be considered, especially given the respondent's reliance on defences such as acquisitive prescription and alleged undertakings by the munici…

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• Eviction
• Admission Of Further Affidavit
• Acquisitive Prescription
• Franchise Agreement
• Municipal Tender Process

Marothodi Metsi (Pty) Ltd v Uthukela District Municipality and Others (8216/2022P)

Marothodi Metsi (Pty) Ltd v Uthukela District Municipality and Others (8216/2022P) [2024] ZAKZPHC 11; [2024] 2 All SA 433 (KZP) (20 February 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

8216/2022P

Judge

Mossop

The court found that the tender process was fundamentally defective and failed to comply with constitutional and statutory requirements. The bid was submitted by a non-existent entity, and compulsory documentation, including audited financial statements, was not provided. The bid evaluation committee improperly allocated points and failed to scrutinize the applicant's capacity and experience, which were unsupported by evidence. The contract was concluded before the award was announced, suggesting collusion and unfairness. The applicant's conduct was found to be potentially dishonest, and the…

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• Legality Review
• Municipal Tender Process
• Section 217 Constitution
• Preferential Procurement Policy Framework Act
• Municipal Finance Management Act
• Undue Delay

Godimong Consulting Engineers (Pty) Ltd v Mahikeng Local Municipality (UM255/22)

Godimong Consulting Engineers (Pty) Ltd v Mahikeng Local Municipality (UM255/22) [2023] ZANWHC 79 (11 April 2023)

Court

North West High Court, Mafikeng

Case number

UM255/22

Judge

S Mfenyana

The court found that the applicant's appointment was not preceded by a lawful procurement process as required by section 217 of the Constitution and relevant procurement regulations. The letter of appointment did not create a valid and enforceable contract because it failed to comply with mandatory public procurement requirements. The applicant did not challenge the termination of its appointment, nor did it seek a declaratory order regarding the validity of the contract. The requirements for a final interdict were not satisfied, as the applicant did not establish a clear right capable of pro…

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• Public Procurement
• Section 217 Constitution
• Unlawful Contract
• Final Interdict
• Municipal Tender Process

Aqua Transport and Plant Hire (Pty) Limited v Ethekwini Municipality and Other (D9024/2020)

Aqua Transport and Plant Hire (Pty) Limited v Ethekwini Municipality and Other (D9024/2020) [2023] ZAKZDHC 69 (22 February 2023)

Court

Kwazulu-Natal High Court, Durban

Case number

D9024/2020

Judge

Singh

The High Court set aside eThekwini Municipality’s tender award after finding the tender criteria for key personnel experience were unclear and the process was not transparent.

• Public Procurement
• Constitutional Review
• Bid Evaluation
• Municipal Tender Process
• Irrationality
• Unfair Administrative Action

Sabelo Cele, T/A Amahle Building and Renovations v Umzumbe Local Municipality and Others (407/2023P)

Sabelo Cele, T/A Amahle Building and Renovations v Umzumbe Local Municipality and Others (407/2023P) [2023] ZAKZPHC 13 (6 February 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

407/2023P

Judge

P C Bezuidenhout

Urgent bid protest over a municipal road tender was struck off the roll because the applicant delayed too long in seeking interim relief.

• Promotion Of Administrative Justice Act
• Interim Interdict
• Urgency
• Municipal Tender Process
• Administrative-law
• Interim-interdict