South Africa Case Law

Bless Joe Trading CC v Ethekwini Municipality (D7596/2020)

Bless Joe Trading CC v Ethekwini Municipality (D7596/2020) [2025] ZAKZDHC 37 (11 June 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

D7596/2020

Judge

Mathenjwa

The court found that after the termination of the lease agreement, the defendant failed to remove the displaced people from the plaintiff's tent and ablution facilities, thereby preventing the plaintiff from regaining possession. The continued occupation constituted holding over, and the defendant, as a sphere of government, was liable for the damages arising from the loss of use of the plaintiff's property. The defendant's argument that the plaintiff voluntarily refrained from taking possession was rejected, as the defendant itself admitted that it had no alternative accommodation and could…

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• Holding Over
• Lease Agreement Termination
• Damages For Loss Of Use
• Municipal Obligations
• Preferential Procurement
• Constitutional Right To Housing

H & I Civil & Building (Pty) Ltd and Another v City of Cape Town and Others (59/24)

H & I Civil & Building (Pty) Ltd and Another v City of Cape Town and Others (59/24) [2024] ZAWCHC 329 (18 October 2024)

Court

Western Cape High Court, Cape Town

Case number

59/24

Judges

Magardie, Fortuin, Erasmus

The court held that the City of Cape Town was lawfully empowered to determine and implement its own preferential procurement policy and scoring system for tenders, provided it acted within the constitutional and legislative framework. The process followed by the City in developing the new scoring system was rational, involved internal consultation and legal advice, and was necessitated by changes in the regulatory environment following the Afribusiness judgment and the 2022 Procurement Regulations. The applicants' arguments regarding procedural unfairness, legitimate expectation, and alleged…

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• Preferential Procurement
• Broad Based Black Economic Empowerment
• Municipal Supply Chain Management
• Promotion Of Administrative Justice Act
• Constitutional Review
• Public Tender Scoring

General Council of the Bar of South Africa and Another v Minister of Finance and Others (2023/132695)

General Council of the Bar of South Africa and Another v Minister of Finance and Others (2023/132695) [2024] ZAGPPHC 558 (28 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

2023/132695

Judge

Millar

The court found that the Public Finance Management Act does not apply to the Office of the State Attorney or the tender process for referral advocates. The correct statutory framework is the State Attorney Act and the Legal Practice Act. The tender was issued without an extant policy approved by Cabinet and tabled in Parliament as required by the State Attorney Act. The terms of the tender, including the requirement for referral advocates to enter into transversal contracts with non-attorneys and the fee arrangements, breach the Code of Conduct under the Legal Practice Act and would render su…

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• Legality Review
• Public Procurement
• Legal Practitioners Regulation
• Preferential Procurement
• Code Of Conduct
• Constitution Section 217

Silver Lake Trading 305 (Pty) Ltd t/a Opulentia Financial Services v Bloemwater (now Vaal Central Water) and Another (4689/2023)

Silver Lake Trading 305 (Pty) Ltd t/a Opulentia Financial Services v Bloemwater (now Vaal Central Water) and Another (4689/2023) [2024] ZAFSHC 79 (20 March 2024)

Court

Free State High Court, Bloemfontein

Case number

4689/2023

Judges

P E Molitsoane, S Naidoo

The first respondent impermissibly recalculated the second respondent's bid and allowed it to accept a reduced amount without authority reserved in the tender data. There was no arithmetical error justifying such correction, and the process unfairly advantaged the second respondent. The tender process was not conducted in accordance with the principles of fairness and transparency required by the Constitution and PAJA. The applicant failed to establish exceptional circumstances for substitution; remittal is the appropriate remedy to ensure fairness and allow the first respondent to reconsider…

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• Public Procurement
• Promotion Of Administrative Justice Act
• Tender Irregularity
• Preferential Procurement
• Remittal Of Administrative Decision

Steam Development Technologies 96 Degrees Proprietary Limited v Minister: Department of Public Works & Infrastructure - Reasons for the Interim Interdict (4264/2023)

Steam Development Technologies 96 Degrees Proprietary Limited v Minister: Department of Public Works & Infrastructure - Reasons for the Interim Interdict (4264/2023) [2024] ZAECMKHC 23 (16 February 2024)

Court

Eastern Cape High Court, Makhanda

Case number

4264/2023

Judge

Govindjee

The High Court granted an interim interdict stopping two prison boiler-maintenance tenders pending related review and appeal proceedings.

• Interim Interdict
• Preferential Procurement
• Review Of Administrative Action
• Constitutional Rights
• Tender Process
• Balance Of Convenience

Safeline Pharmaceuticals 9Pty) Ltd v Director-General National Department of Health and Others (48004/2021)

Safeline Pharmaceuticals 9Pty) Ltd v Director-General National Department of Health and Others (48004/2021) [2024] ZAGPPHC 201; 2024 (5) SA 298 (GP) (13 February 2024)

Court

North Gauteng High Court, Pretoria

Case number

48004/2021

Judge

DN Unterhalter

The High Court held that the Department of Health could classify medicines for procurement by therapeutic effect and dismissed Safeline’s review of the tender award.

• Public Procurement
• Therapeutic Classification
• Ultra Vires
• Rationality Review
• Preferential Procurement
• Declaratory Relief

H & I Civil & Building (Pty) Ltd and Another v City of Cape Town and Others (59/2024)

H & I Civil & Building (Pty) Ltd and Another v City of Cape Town and Others (59/2024) [2024] ZAWCHC 15 (30 January 2024)

Court

Western Cape High Court, Cape Town

Case number

59/2024

Judge

J Cloete

The court found that the applicants had established the requisite urgency, having acted expeditiously after exhausting internal remedies as instructed by the City. The applicants’ challenge to the new scoring system was not fatally flawed for failing to attack the underlying policy or the tenders themselves, as the substance of their complaint was directed at the lawfulness of the scoring system’s implementation. The applicants demonstrated a prima facie right to participate in a constitutionally compliant procurement process, and the legal questions raised were sufficiently complex to warran…

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• Preferential Procurement
• Broad Based Black Economic Empowerment
• Municipal Supply Chain Management
• Interim Interdict
• Constitutional Compliance
• Legitimate Expectation

Municipality of Mossel Bay v Steenkamp N.O and Another (33/2023)

Municipality of Mossel Bay v Steenkamp N.O and Another (33/2023) [2023] ZAWCHC 315 (1 December 2023)

Court

Western Cape High Court, Cape Town

Case number

33/2023

Judge

P.A.L. Gamble

The High Court dismissed Mossel Bay municipality’s late self-review of a tender award, finding no proven section 217 breach and awarding costs on an attorney-and-client scale.

• Self Review
• Public Procurement
• Section 217 Constitution
• Unreasonable Delay
• Specific Performance
• Preferential Procurement

BCB Cable Jointing CC v Ampcor Khanyisa (Pty) Ltd and Others (4709/2021)

BCB Cable Jointing CC v Ampcor Khanyisa (Pty) Ltd and Others (4709/2021) [2023] ZAWCHC 89; [2023] 3 All SA 81 (WCC) (5 May 2023)

Court

Western Cape High Court, Cape Town

Case number

4709/2021

Judge

J Cloete

The court found that the applicant failed to provide a full and reasonable explanation for the eight-month delay in instituting review proceedings, with significant periods unexplained and the remainder inadequately justified. The applicant’s reliance on alleged fraud was unsupported by admissible evidence and did not obviate the need for condonation. The City’s supply chain management policy was valid at the time of the tender award, as the invalidity of the 2017 regulations did not retrospectively affect the policy. The tender process, including pricing evaluation and committee constitution…

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• Tender Review
• Delay Institution Of Proceedings
• Preferential Procurement
• Condonation
• Fraud In Tender Process
• Quorum Requirements

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

Mabotwane Security Services CC v Madibeng Local Municipality and Others (116843/2023) [2023] ZAGPPHC 2064 (8 January 2023)

Court

North Gauteng High Court, Pretoria

Case number

116843/2023

Judge

de Vos

The Court found that the successful bidders complied with the mandatory requirements of the Bid Evaluation Document. The third respondent did submit proof of compliance with ISO 9001:2015, and the omission from the record was an administrative error. For control room registration, the PSIRA Act does not authorise the issuance of a control room certificate; inspection reports suffice, and these were submitted. Regarding Bargaining Council registration, while one JV partner did not submit proof, substantial compliance was achieved, and the irregularity was not material. The applicant failed to…

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• Tender Review
• Promotion Of Administrative Justice Act
• Substantial Compliance
• Procurement Irregularity
• Preferential Procurement
• Urgency In Review