South Africa Case Law

Matakata v Passenger Rail Agency of South Africa (PRASA) and Others (Leave to Appeal) (17671/2023)

Matakata v Passenger Rail Agency of South Africa (PRASA) and Others (Leave to Appeal) (17671/2023) [2025] ZAWCHC 329 (31 July 2025)

Court

Western Cape High Court, Cape Town

Case number

17671/2023

Judge

S G Magardie

Leave to appeal refused in a PRASA dismissal case. The court held the applicant had no reasonable prospects and that his declaratory-relief case failed at the threshold.

• Declaratory Relief
• Unlawful Dismissal
• Procurement Policy
• Oudekraal Principle
• Existing Right Requirement
• Leave-to-appeal

Mtakata v Passenger Rail Agency of South Africa (PRASA) and Others (17671/2023)

Mtakata v Passenger Rail Agency of South Africa (PRASA) and Others (17671/2023) [2025] ZAWCHC 52 (18 February 2025)

Court

Western Cape High Court, Cape Town

Case number

17671/2023

Judge

S G Magardie

The High Court dismissed a declaratory application challenging PRASA’s 2017 dismissal decision and found no basis to invalidate the disciplinary process.

• Unlawful Dismissal
• Declaratory Relief
• Conflict Of Interest
• Procurement Policy
• Delay In Review
• Oudekraal Principle

Maharaj v Transnet Soc Limited and Others (JR1497/21)

Maharaj v Transnet Soc Limited and Others (JR1497/21) [2024] ZALCJHB 131 (23 February 2024)

Court

Labour Court Johannesburg

Case number

JR1497/21

Judge

M Makhura

Labour Court review of a dismissal award failed. The court held the commissioner reasonably found gross negligence, irregular expenditure, and a justified dismissal.

• Review Of Arbitration Award
• Gross Negligence
• Irregular Expenditure
• Procurement Policy
• Disciplinary Sanction
• Review-of-arbitration-award

Malherbe v S (A49/2021)

Malherbe v S (A49/2021) [2021] ZAWCHC 177; [2021] 4 All SA 510 (WCC) (6 September 2021)

Court

Western Cape High Court, Cape Town

Case number

A49/2021

Judges

Goliath, Binns-Ward, Steyn

The High Court upheld the appeal, setting aside the fraud and money laundering convictions and sentences against the appellant and EUS.

• Fraud
• Money Laundering
• Public Finance Management Act
• Broad Based Black Economic Empowerment
• Procurement Policy
• Director Conflict Of Interest

Estate Agency Affairs Board v Pasco Risk Management (Pty) Limited (57926/2012)

Estate Agency Affairs Board v Pasco Risk Management (Pty) Limited (57926/2012) [2017] ZAGPJHC 259 (15 September 2017)

Court

South Gauteng High Court, Johannesburg

Case number

57926/2012

Judge

M L Twala

The High Court granted leave to amend a plea before trial, finding the amendment amplified the defence, caused no irremediable prejudice, and could be met by costs.

• Amendment Of Pleadings
• Authority To Contract
• Procurement Policy
• Unlawful Agreement
• Costs Order
• Amendment-of-pleadings

Eskom Holdings Soc Limited v Khum MK Investments & Bie Joint Venture (Pty) Ltd and Others (18627/2014)

Eskom Holdings Soc Limited v Khum MK Investments & Bie Joint Venture (Pty) Ltd and Others (18627/2014) [2015] ZAGPJHC 98; [2015] 3 All SA 439 (GJ) (4 June 2015)

Court

South Gauteng High Court, Johannesburg

Case number

18627/2014

Judge

D S S Moshidi

High Court review of an arbitration award dismissed. Eskom failed to show misconduct or gross irregularity, and was held estopped from denying the company as contracting party.

• Arbitration Review
• Estoppel
• Procurement Policy
• Contractual Illegality
• Gross Irregularity
• Remittal Of Dispute

Thermaine Invetments (Pty) Ltd t/a Improvair v Pareto Ltd and Others (5449/2011)

Thermaine Invetments (Pty) Ltd t/a Improvair v Pareto Ltd and Others (5449/2011) [2011] ZAWCHC 99 (28 April 2011)

Court

Western Cape High Court, Cape Town

Case number

5449/2011

Judge

Dlodlo

The High Court dismissed an urgent interdict over a shopping-centre HVAC tender, finding no prima facie right, no peremptory SANAS-B-BBEE requirement, and an adequate damages remedy.

• Tender Process
• Interim Interdict
• Contractual Rights
• B Bbee Certificate
• Procurement Policy
• Tender-process

Manong & Associates (Pty) Ltd v Minister of Public Works and Another (518/2008)

Manong & Associates (Pty) Ltd v Minister of Public Works and Another (518/2008) [2009] ZASCA 110; 2010 (2) SA 167 (SCA) ; [2010] 1 All SA 267 (SCA) (23 September 2009)

Court

Supreme Court of Appeal

Case number

518/2008

Judges

Harms, Brand, Ponnan, Snyders, Bosielo

The Supreme Court of Appeal held that the appellant failed to establish a prima facie right to the interim interdict sought. The allegations of discrimination and lack of consultation were speculative and unsupported by factual evidence. The respondents provided a reasonable explanation for the policy change, demonstrating compliance with statutory requirements and evidence of stakeholder consultation. The court reaffirmed the rule that companies must be represented by qualified legal practitioners, but exercised its discretion to allow the managing director to appear due to exceptional circu…

Source excerpt

• Interim Interdict
• Right Of Audience
• Procurement Policy
• Equality Act
• Section 217 Constitution
• Prima Facie Case

South African Booksellers Association v MEC for Education and Culture and Another (15477/04)

South African Booksellers Association v MEC for Education and Culture and Another (15477/04) [2004] ZAGPHC 29 (5 August 2004)

Court

High Courts - Gauteng

Case number

15477/04

Judge

Willis

The court dismissed an urgent application for interim interdictory relief challenging a school textbook procurement policy, holding the applicant lacked a prima facie right and proper standing.

• Interim Interdict
• Locus Standi
• Procurement Policy
• School Governance
• Review Of Administrative Action
• Interim-interdict