South Africa Case Law

ML Nkosi Electrical Contractors CC and Another v Ba-Phalaborwa Local Municipality (Appeal) (HCAA40/2023)

ML Nkosi Electrical Contractors CC and Another v Ba-Phalaborwa Local Municipality (Appeal) (HCAA40/2023) [2025] ZALMPPHC 85 (25 April 2025)

Court

Limpopo High Court, Polokwane

Case number

HCAA40/2023

Judges

Bresler AJ, Naude-Odendaal J, Du Plessis AJ

The court found that the award of Tender 06/2012 to the appellants was unlawful and invalid due to procedural irregularities and non-compliance with statutory and constitutional procurement requirements. Despite the respondent's delay in instituting self-review proceedings, the importance of upholding the rule of law and legality outweighed the delay. Both parties had performed under the contract, and there was no evidence of fraud or bad faith by the appellants. The court held that, although the contract must be declared invalid, justice and equity require that the appellants not be deprived…

Source excerpt

• Municipal Tender Review
• Unlawful Contract
• Delay In Self Review
• Just And Equitable Remedy
• Section 172 Constitution
• Public Procurement Irregularities

TJ Machete Attorneys Inc v Ba-Phalaborwa Municipality and Others (8421/2023)

TJ Machete Attorneys Inc v Ba-Phalaborwa Municipality and Others (8421/2023) [2025] ZALMPPHC 75 (16 April 2025)

Court

Limpopo High Court, Polokwane

Case number

8421/2023

Judge

Makoti

The High Court dismissed a tender review by a law firm against Ba-Phalaborwa Municipality because the applicant had not exhausted internal remedies under PAJA and the Municipal Systems Act.

• Promotion Of Administrative Justice Act
• Municipal Tender Review
• Exhaustion Of Internal Remedies
• Joinder Of Parties
• Constitutional Procurement Principles
• Administrative-law

Maximum Profit Recovery (Pty) Ltd v Umlalazi Municipality and Others (17686/23P)

Maximum Profit Recovery (Pty) Ltd v Umlalazi Municipality and Others (17686/23P) [2024] ZAKZPHC 100 (11 November 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

17686/23P

Judge

Marion

The court found that the applicant was not required to exhaust internal remedies because the available remedies were either ineffective or unavailable due to the late notification and the accrual of rights to successful tenderers. The functionality criteria in the tender were irrational, particularly for VAT recovery and actuarial services, as they required all directors to be chartered accountants, which was not relevant to all disciplines and excluded capable tenderers. The tender failed to provide for a preference point scoring system, lacked transparency in the post-panel appointment proc…

Source excerpt

• Municipal Tender Review
• Irrationality
• Constitutional Procurement
• Preferential Procurement Policy
• Exhaustion Of Internal Remedies
• Panel Appointment Irregularity

Luvthis Trading & Investments (Pty) Ltd v City of Cape Town and Another (12092/2021)

Luvthis Trading & Investments (Pty) Ltd v City of Cape Town and Another (12092/2021) [2024] ZAWCHC 218 (27 May 2024)

Court

Western Cape High Court, Cape Town

Case number

12092/2021

Judges

Ndita, Sidaki

The court found that the review application was moot because the tender contract had expired and any order setting aside the award or the internal appeal decision would have no practical effect. The applicant had abandoned prayers seeking to set aside the contract and the bid adjudication process, and the remaining relief would not affect the parties or others. The issues raised were specific to the parties and did not involve discrete questions of law or public importance warranting judicial intervention. The applicant failed to act while the matter was still live, and judicial policy requir…

Source excerpt

• Municipal Tender Review
• Promotion Of Administrative Justice Act
• Mootness
• Preferential Procurement Policy Framework Act

Canaan Electrical Contractors (Pty) Ltd v City of Tshwane Metropolitan Municipality and Others (293/2021)

Canaan Electrical Contractors (Pty) Ltd v City of Tshwane Metropolitan Municipality and Others (293/2021) [2023] ZAGPPHC 1143 (13 September 2023)

Court

North Gauteng High Court, Pretoria

Case number

293/2021

Judge

Julian Yende

The High Court dismissed a PAJA review of municipal tender decisions after finding lack of locus standi, non-exhaustion of internal remedies, and undue delay.

• Promotion Of Administrative Justice Act
• Locus Standi
• Exhaustion Of Internal Remedies
• Unreasonable Delay
• Municipal Tender Review
• Paia

Maximum Profit Recovery (Pty) Ltd v Rustenburg Local Municipality and Others (UM81/2022)

Maximum Profit Recovery (Pty) Ltd v Rustenburg Local Municipality and Others (UM81/2022) [2023] ZANWHC 91 (22 June 2023)

Court

North West High Court, Mafikeng

Case number

UM81/2022

Judge

FMM Reid (was Snyman)

The High Court held that the applicant had to exhaust internal remedies under PAJA and section 62 of the Municipal Systems Act before seeking review of a municipal tender award.

• Promotion Of Administrative Justice Act
• Municipal Tender Review
• Exhaustion Of Internal Remedies
• Section 62 Municipal Systems Act
• Costs Order
• Administrative-law

Maximum Profit Recovery (Pty) Ltd v Bela-Bela Local Municipality and Others (8965/2022)

Maximum Profit Recovery (Pty) Ltd v Bela-Bela Local Municipality and Others (8965/2022) [2023] ZALMPPHC 41 (11 April 2023)

Court

Limpopo High Court, Polokwane

Case number

8965/2022

Judge

G.J. Diamond

The court found that the tender process was unlawful on three main grounds: (1) the tenders were not opened in public, violating mandatory requirements and undermining transparency as required by Section 217 of the Constitution and PAJA; (2) the functionality criterion requiring a chartered accountant was irrational and irrelevant to the purpose of the tender, as previously held in similar cases; and (3) there was no evidence that the Fifth Respondent was tax compliant at the time of the award, which was a compulsory requirement. The court rejected the Respondents' preliminary defences, findi…

Source excerpt

• Municipal Tender Review
• Promotion Of Administrative Justice Act
• Constitutional Invalidity
• Public Procurement
• Tax Compliance
• Irrational Tender Criteria

Independents v Enoch Mgijima Municipality and Others (622/2023)

Independents v Enoch Mgijima Municipality and Others (622/2023) [2023] ZAECMKHC 47 (11 April 2023)

Court

Eastern Cape High Court, Makhanda

Case number

622/2023

Judge

T.V Norman

The High Court discharged an interim interdict stopping a municipal road-upgrading tender, finding no proven irregularity, no prima facie right, and stronger separation-of-powers concerns.

• Municipal Tender Review
• Interim Interdict
• Separation Of Powers
• Procurement Legality
• Prima Facie Right
• Costs Order

Masakhe Media (Pty) Ltd v Mangaung Metropolitan Municipality and Others (3455/2021)

Masakhe Media (Pty) Ltd v Mangaung Metropolitan Municipality and Others (3455/2021) [2023] ZAFSHC 74 (16 March 2023)

Court

Free State High Court, Bloemfontein

Case number

3455/2021

Judges

C. J. Musi, C. Reinders

The court found that the Mangaung Metropolitan Municipality failed to comply with its own supply chain management policy and the law when it attempted to extend the bid validity period after expiry, without proper consent or authorisation. The awards to Provantage and Young were made after the tender process had ended and were therefore invalid. Young's bid was non-compliant and should not have been considered. The decisions were reviewable under PAJA and set aside for being unfair, irrational, and procedurally defective. In determining a just and equitable remedy, the court weighed the inter…

Source excerpt

• Municipal Tender Review
• Promotion Of Administrative Justice Act
• Bid Validity Period
• Just And Equitable Remedy
• Fronting
• Procedural Fairness

Ikhona Techni (Pty) Ltd v Sundays River Valley Municipality (2880/2020)

Ikhona Techni (Pty) Ltd v Sundays River Valley Municipality (2880/2020) [2021] ZAECPEHC 23 (16 March 2021)

Court

Eastern Cape High Court, Port Elizabeth

Case number

2880/2020

Judge

N.J. Mullins

Urgent PAJA review of a municipal tender disqualification failed; the court held the omitted certified ID copy was a material non-compliance.

• Promotion Of Administrative Justice Act
• Municipal Tender Review
• Internal Appeal Procedure
• Urgency
• Joinder Of Parties
• Municipal-tender-review