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South Africa decisions
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Nkwali v Transnet National Ports Authority and Others (C10/2020) [2025] ZALCCT 52 (9 July 2025)
Review of an arbitration award upholding dismissal for procurement, safety, PFMA, and ethics breaches was dismissed as the court found the process fair and the sanction reasonable.
S v Hlungwani (A154/2024) [2025] ZAGPPHC 645 (12 June 2025)
The Court held that the Regional Court erred in granting a discharge under Section 174 of the Criminal Procedure Act, as the State had presented sufficient evidence to establish a prima facie case of fraud and procurement irregularities. The unchallenged testimony regarding the backdating of the deviation letter and the misrepresentation to police officials required an answer from the accused. The Court further found that a purposive interpretation of the National Treasury Practice Note requires reasons for deviation to be approved before payment is made, and that personal benefit is not a ne…
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Special Investigating Unit v Kwasa Food Suppliers (Pty) Limited and Others (EC 02/2024) [2025] ZAST 3 (12 February 2025)
The Tribunal found that the SIU's delay in launching the review application was not willful but resulted from unique circumstances during the State of National Disaster, including resource constraints and procedural delays. Applying the interests of justice test, condonation for the late filing was granted. On the merits, the Tribunal held that the Proclamation and Schedule, when interpreted harmoniously, cover the SRD programme, even though the tender was initiated before the National Disaster period but awarded during it. However, the Tribunal determined that the SIU failed to challenge and…
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National Director of Public Prosecutions v Khoza and Others (44862/2021) [2024] ZAGPPHC 1324 (19 December 2024)
The court found that the applicant met the low evidential threshold required under section 25 of POCA, as the uncontested evidence established reasonable grounds for believing that a confiscation order may be made against the first, second, and third defendants. The defendants failed to file answering affidavits and relied solely on attacking the founding affidavit, which was insufficient to rebut the applicant's case. The evidence showed that Tshepo Khoza manipulated procurement processes, supplied false information, and failed to declare relevant interests and relationships, thereby facilit…
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Kgoale v Thaba Chweu Local Municipality and Others (JR19/22) [2024] ZALCJHB 510 (12 December 2024)
Labour Court review dismissed: the municipal manager’s dismissal for procurement irregularities and misuse of Eskom funds was upheld as fair.
Phosa v Ekurhuleni Municipality (J14/22) [2024] ZALCJHB 470 (28 November 2024)
The court found that the plaintiff's dismissal was causally linked to her protected disclosure regarding procurement irregularities. The evidence showed that after making the disclosure and lodging a grievance, the plaintiff was subjected to occupational detriment, including unwarranted disciplinary action and ultimately dismissal. The defendant's stated reasons for dismissal—incapacity and poor performance—were found to be contrived and unsupported by proper procedure. The employer failed to investigate the allegations raised in the protected disclosure and did not follow the contractual or…
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Cassim N.O v Ndlovu and Others (GP19/2021) [2024] ZAST 8 (5 November 2024)
The Special Tribunal held Mr Ndlovu in contempt for failing to comply with a forfeiture order, and dismissed rescission applications by Akanni and Zaisan.
Silvermoon Investments 145 CC trading as Ocean Echo Properties v Minister, National Department of Public Works and Human Settlements and Another (D16012/2016) [2024] ZAKZDHC 52 (27 August 2024)
The court found that the SIU retains locus standi as it continues to have a direct and substantial interest in the proceedings, given its statutory mandate to investigate and recover state losses from fraud and mala administration. The SIU's joinder was properly ordered and cannot be revisited absent default, error, or common mistake. The defence of res judicata does not apply, as the issues before the court differ from those previously decided. The SIU's application for leave to file a new counterclaim and amend its plea, despite a lengthy delay, is granted in the interests of justice, as th…
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MEC for Health: Mpumalanga v Mkhago Supply and Construction CC t/a Mkhago Health Care Services (618/2022) [2024] ZAMPMBHC 55 (22 August 2024)
The Department failed to provide a bona fide and adequate explanation for the inordinate delay in seeking to amend its plea. The contradictions in the Department's affidavits were not addressed, and the evidence shows that the Department was aware of the relevant issues years earlier but did not act. The delay of nearly 10 years regarding the agreement's validity and 6 years regarding the jurisdiction issue is excessive and unexplained. The prejudice to Mkhago is inherent in being forced to revisit matters that should have been raised years ago, undermining the stability of litigation. The ap…
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Lequbu Specialised Services (Pty) Ltd v Matjhabeng Local Municipality (3328/2021) [2024] ZAFSHC 14 (18 January 2024)
The court found that the applicant's claim for enforcement of the settlement agreement was properly brought under Rule 41(4), as the agreement was concluded in finalisation of litigation and signed by the respondent's duly authorised representative. The respondent's opposition, based on alleged procurement irregularities and suspicious circumstances, was unsupported by any specific facts or evidence linking the applicant to wrongdoing. The respondent failed to demonstrate any bona fide dispute of fact or valid defence to enforcement. The settlement agreement was not contrary to public policy…
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