Ngaraga Properties (Pty) Ltd v MEC for Education, Limpopo Province and Others (11183/2024) [2025] ZALMPPHC 138 (23 July 2025)
Court
Limpopo High Court, Polokwane
Case number
11183/2024
Judge
Mashifane
The High Court granted an interim interdict halting performance of a sanitary pads tender contract pending review, finding a prima facie procurement challenge and favourable balance of convenience.
Special Investigating Unit v Bendalo Holdings (Pty) Ltd and Another (EC23/2024) [2025] ZAST 11 (10 July 2025)
Court
Special Tribunal
Case number
EC23/2024
Judge
Mashile
The Tribunal found that the SIU had locus standi to bring the application, as its mandate under the Proclamation and the SIU Act extended to investigating matters connected to the National State of Disaster, including the procurement of SRD food parcels. The Tribunal rejected Bendalo's argument that the SIU's mandate was limited to events after 1 January 2020, holding that the Proclamation and Schedule must be interpreted harmoniously and that the impugned decision was sufficiently connected to the National State of Disaster. However, the Tribunal upheld Bendalo's point of non-joinder, findin…
Sthathu Funding (Pty) Ltd v Amathole District Municipality and Others (5049/2024) [2024] ZAECMKHC 128 (27 November 2024)
Court
Eastern Cape High Court, Makhanda
Case number
5049/2024
Judge
Laing
The court found that the first respondent's inclusion and weighting of specific goals in the second tender was rationally connected to the purpose contemplated under section 217(2) of the Constitution, amplified in the PPPFA and its regulations, and expressed in the supply chain management policy. The applicant failed to demonstrate a prima facie right to just administrative action or to a procurement process that does not comply with constitutional and legislative requirements. The court was not satisfied that irreparable harm would result from allowing the procurement process to proceed, as…
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…
Maximum Profit Recovery (Pty) Ltd v Naledi Local Municipality (M214/2022) [2023] ZANWHC 167 (15 September 2023)
Court
North West High Court, Mafikeng
Case number
M214/2022
Judge
J.T. Djaje
The court found that the applicant failed to establish any irregularity in the procurement process followed by the first respondent. The tender was conducted as a two-stage bidding process, as permitted by the Municipal Supply Chain Management Regulations. The applicant was appointed to the panel but was not invited to submit quotations in the second stage, which was not shown to be irregular or unfair. The process was competitive, transparent, and in compliance with section 217 of the Constitution. No evidence was presented that the award to the second respondent was procedurally unfair or u…
SMEC South Africa (Pty) Ltd v South African National Road Agency SOC Ltd (075024/2023) [2023] ZAGPPHC 1108 (29 August 2023)
Court
North Gauteng High Court, Pretoria
Case number
075024/2023
Judge
WJ Du Plessis
The court found that the applicant established a prima facie right to participate in a constitutionally compliant procurement process and that the new scoring system potentially undermines statutory and constitutional procurement principles. The applicant demonstrated urgency due to imminent tender closing dates and the risk of irreparable harm if tenders are adjudicated under the new system before the legality is determined. The balance of convenience favoured the applicant, as the respondent could continue adjudicating tenders using the previous scoring system without prejudice to its statu…
Bohlokong Computers Solutions (Pty) Ltd v Maluti A Phofung Local Municipality (A131/2020) [2021] ZAFSHC 202 (26 August 2021)
Court
Free State High Court, Bloemfontein
Case number
A131/2020
Judges
Mbhele, Reinders, Daniso
The court held that the contract between the appellant and respondent expired on 31 August 2018 and was not validly extended. Any extension of the contract with Dihlabeng Municipality did not automatically extend the contract with the respondent, as such extension would violate Regulation 32 requirements. The respondent provided undisputed proof of payment exceeding the original contract value, discharging its obligations. Services rendered after the contract's expiry were unsolicited and not enforceable under contract law. The appellant's claim for post-expiry services failed as there was no…
Civil and General Contractors CC v Chris Hani District Municipality and Others (CA8/2017) [2017] ZAECGHC 128 (14 December 2017)
Court
Eastern Cape High Court, Grahamstown
Case number
CA 8/2017
Judges
T Malusi, G H Bloem, M Kahla
The court held that the submission of a valid tax clearance certificate is a threshold requirement for tender responsiveness, but the municipal manager is required by both regulation and policy to verify the tax compliance status of the recommended tenderer with SARS before awarding the tender. The failure of the municipal manager to verify Urban Africa Services' tax compliance, especially in light of the consulting engineers' report raising concerns, rendered the decision unreasonable and reviewable. The court found that the municipality did not comply with its own supply chain management po…
City of Tshwane Metropolitan Municipality and Others v Nambiti Technologies (Pty) Ltd (20580/2014) [2015] ZASCA 167; [2016] 1 All SA 332 (SCA); 2016 (2) SA 494 (SCA) (26 November 2015)
Court
Supreme Court of Appeal
Case number
20580/2014
Judges
Maya DP, Bosielo JA, Wallis JA, Petse JA, Dambuza JA
The Supreme Court of Appeal held that the cancellation of tender CB204/2012 by the City of Tshwane did not constitute administrative action as defined by PAJA. The decision was not of an administrative nature and did not have a direct, external legal effect on the rights of the tenderers, as the municipality reserved the right to cancel the tender at any time before contract formation. The City's changed requirements justified the cancellation under applicable procurement regulations. The High Court's order compelling the municipality to adjudicate the cancelled tender impermissibly infringed…
Blackbird Trading t/a BB Tech v Mangaung Metropolitan Municipality and Another (3564/2013) [2013] ZAFSHC 225 (28 November 2013)
Court
Free State High Court, Bloemfontein
Case number
3564/2013
Judge
S Naidoo
The court found that the applicant had established a prima facie right to the relief sought, as the contract remained valid and binding and the first respondent failed to follow the procedures stipulated in the contract for breach, termination, or dispute resolution. The respondent's allegations of fraud and impropriety were unsubstantiated and did not justify unilateral suspension or appointment of another contractor. The applicant demonstrated irreparable harm and the balance of convenience favoured granting interim relief. The respondent was ordered to comply with the contract pending medi…
