SKG Africa (Pty) Ltd v South African Local Government Association and Another (3641/2023) [2025] ZAECMKHC 53 (19 June 2025)
Court
Eastern Cape High Court, Makhanda
Case number
3641/2023
Judge
JGA Laing
The court reviewed SALGA’s procurement decision after finding it failed to evaluate all of SKG Africa’s multiple bids and ordered a fresh tender process.
The appeal was dismissed as moot because the disputed VAT recovery contract had expired, and the Supreme Court of Appeal found no exceptional reason to hear it.
Special Investigating Unit v Helicopter and Airplane Logistical Operations (Pty) Ltd and Others (GP07/2023) [2025] ZAST 8 (5 June 2025)
Court
Special Tribunal
Case number
GP07/2023
Judge
Mashile
The Tribunal found that the procurement process for the award and extension of the contract to the joint venture was materially irregular and unlawful. The advertised tender period was changed from 12 months to 3 years after bid closure, limiting competition and violating transparency and fairness. Committee members were not properly appointed in writing, and the construction component failed to comply with CIDB registration and advertising requirements. The contract extension was unauthorised and not approved by the Accounting Officer. These irregularities contravened section 217 of the Cons…
Maximum Profit Recovery (Pty) Ltd v Umkhanyakude District Municipality and Another (D12061/2024) [2025] ZAKZDHC 32 (23 May 2025)
Court
Kwazulu-Natal High Court, Durban
Case number
D12061/2024
Judge
Shapiro AJ
The court found that the Municipality's decision to appoint the second respondent via a quotation process was unlawful and constitutionally invalid. The value of the contract exceeded the statutory threshold for competitive bidding, and the Municipality's use of a quotation process constituted prohibited contract splitting. The Municipality failed to invite all panel members to quote, did not comply with its own policies, and did not provide evidence justifying its deviation from the competitive process. The procurement process lacked transparency, fairness, and accountability, violating sect…
Pooling and Sharing Joint Venture, A Joint Venture Established between Richtersveld Mining Company (Pty) Ltd and Alexkor Limited v Alexander Bay Diamond Company (Pty) Ltd (Previously Known as Scarlet Sky Investment 60 (Pty) Ltd (2129/2020) [2025] ZANCHC 42 (23 May 2025)
Court
Northern Cape High Court, Kimberley
Case number
2129/2020
Judge
MC Mamosebo
High Court decision granting leave to amend pleadings in a contract dispute, rejecting objections that the amendment application was procedurally defective or excipiable.
Davis and Deale Irrigation (Pty) Ltd and Another v City of Ekurhuleni Metropolitan and Others (2023-071369) [2025] ZAGPJHC 475 (19 May 2025)
Court
South Gauteng High Court, Johannesburg
Case number
2023-071369
Judge
N S Krüger
The High Court dismissed an interim interdict against a municipal water-meter contract award, finding no proven fraud, no imminent irreparable harm, and an adequate damages remedy.
Sithathu Funding (Pty) Ltd v Road Accident Fund and Others (1241/2022) [2025] ZAECMKHC 36 (15 April 2025)
Court
Eastern Cape High Court, Makhanda
Case number
1241/2022
Judge
Zono
The court found that the applicant's bid failed to comply with the mandatory requirements of the tender, specifically regarding the lift size, parking arrangements, and mandate from the property owner. The tender documents expressly stated that failure to comply with all mandatory requirements would result in disqualification. The applicant's lifts did not meet the required dimensions, the parking offered was not available for use by the RAF, and the applicant lacked proper mandate from the property owner. These were material deviations. The court held that only bids compliant with all mandat…
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…
Maximum Profit Recovery (Pty) Ltd v Mogalakwena Local Municipality and Others (Leave to Appeal) (13528/2022) [2025] ZALMPPHC 38 (28 February 2025)
Court
Limpopo High Court, Polokwane
Case number
13528/2022
Judge
Mashamba
The High Court refused leave to appeal in a tender review dispute, finding no reasonable prospects of success and upholding the costs order against the applicant.
