African Exploration and Mining and Finance Corporation (SOC) Limited v LME Plant Hire (Pty) Ltd (060853/2023) [2025] ZAGPPHC 459 (30 April 2025)
Court
North Gauteng High Court, Pretoria
Case number
060853/2023
Judge
L.A. Retief
Leave to appeal was dismissed, and the court corrected a clerical error in the contract amount under Rule 42, replacing R133,684,170 with R136,684,170.
Department of Agriculture, Land Reform and Rural Development, Northern Cape Province, Kimberley v Master of the High Court, Kimberley (61/2021) [2023] ZANCHC 49; [2023] 4 All SA 347 (NCK) (18 August 2023)
Court
Northern Cape High Court, Kimberley
Case number
61/2021
Judges
Phatshoane, Williams, Nxumalo
The majority held that condonation for the late filing of the review should be granted, as the delay was not inordinate and no prejudice was shown. On the merits, the majority found that the Department had requested the investigation at meetings and that the Master acted within his statutory discretion under section 16(2) and (3) of the Trust Property Control Act in appointing Mr Sebashe and issuing the costs order. The majority rejected arguments based on the PFMA and section 217(1) of the Constitution, finding that these were not properly pleaded or applicable to the Master's office. The re…
S v Golding and Others - In Respect of Section 174 Applications (CCC63/2019) [2023] ZAKZDHC 35 (30 May 2023)
Court
Kwazulu-Natal High Court, Durban
Case number
CCC 63/2019
Judge
M R Chetty
High Court granted section 174 discharge to all accused in a North Sea Jazz Festival corruption, fraud and money-laundering case, finding no prima facie case.
Brandfort Forum and Others v Masilonyana Local Municipality and Others (5520/2021) [2023] ZAFSHC 71 (10 March 2023)
Court
Free State High Court, Bloemfontein
Case number
5520/2021
Judges
P.J. Loubser, S.S. Jonase
The court found that the first respondent failed to adopt any bylaw authorising the supply and sale of electricity by prepaid metering, did not follow proper procurement procedures in appointing the third respondent, and failed to ensure public participation and transparency. No council resolution was produced, and the installation of prepaid meters was imposed on residents without lawful process. The first respondent also failed to determine and publish tariffs for prepaid electricity. These failures constituted violations of the Local Government: Municipal Systems Act and the Electricity Re…
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…
Gcwabe Consulting (Pty) Ltd v South African Police Service (46817/2015) [2022] ZAGPPHC 993 (17 August 2022)
Court
North Gauteng High Court, Pretoria
Case number
46817/2015
Judge
N Janse van Nieuwenhuizen
The High Court set aside an invalid procurement contract and awarded costs against the plaintiff after finding that further damages would improperly benefit from the void agreement.
South African Express Airways Soc Limited v Flyfofa Limited (69620/18) [2019] ZAGPPHC 443 (26 August 2019)
Court
North Gauteng High Court, Pretoria
Case number
69620/18
Judge
Vlok
The court found that the second written agreement of lease of 26 July 2017 between the applicant and respondent was invalid for contravening the procurement requirements of section 217 of the Constitution and the PFMA. The respondent conceded the main relief sought, relying on the Constitutional Court's decision in Buffalo City, which held that courts are constitutionally obliged to declare unlawful contracts invalid, even where there is an unreasonable delay in bringing review proceedings. The court held that the invalidity of the second agreement rendered ancillary documents and payments of…
Umgungundlovu District Municipality v Amaraka Investments 37 (Pty) Limited and Others (1145/2017P) [2018] ZAKZPHC 10 (11 April 2018)
Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
1145/2017P
Judge
Nkosi
The court found that the applicant, a municipality, entered into addenda to a service level agreement with the first respondent for the provision of sewage disposal services without complying with the statutory requirements for external service provision and competitive procurement as required by the Municipal Systems Act, the Municipal Finance Management Act, and the Constitution. The applicant's conduct was irrational, unconstitutional, and unlawful, offending the principle of legality. Although the review application was brought after an unreasonable delay, the court exercised its discreti…
