South Africa Case Law

Solidarity v Minister of Human Settlements Water and Sanitation (32021/2021)

Solidarity v Minister of Human Settlements Water and Sanitation (32021/2021) [2024] ZAGPPHC 1373; (2024) 45 ILJ 2828 (GP) (31 May 2024)

Court

North Gauteng High Court, Pretoria

Case number

32021/2021

Judge

Swanepoel

The High Court held that the appointment of Cuban engineers to a government department was unlawful because procurement or public service appointment rules were not followed.

• Public Service Appointments
• Procurement Processes
• Section 217 Constitution
• Preferential Procurement Policy Framework Act
• Doctrine Of Legality
• Administrative-law

MEC for Education, Northern Cape v Bateleur Books (Pty) Ltd (298/08)

MEC for Education, Northern Cape v Bateleur Books (Pty) Ltd (298/08) [2009] ZASCA 33; 2009 (4) SA 639 (SCA) ; [2009] 3 All SA 127 (SCA) (31 March 2009)

Court

Supreme Court of Appeal

Case number

298/08

Judges

Cameron, Mthiyane, Jafta, Maya, Boruchowitz

The majority held that the department's abrupt change in procurement practice, excluding publishers without notice after years of close involvement, was unfair and unlawful. The publishers had a legitimate expectation to be consulted before such a change, given the established practice and their reliance on it. The department's failure to provide notice or opportunity to make representations violated elementary fairness and the principles of administrative justice. The procurement process, while aiming for efficiency, could not override the duty of fair decision-making. The appeal was dismiss…

Source excerpt

• Legitimate Expectation
• Procedural Fairness
• Procurement Processes
• Promotion Of Administrative Justice Act
• Constitutional Procurement Requirements