Esheria South Africa Case Law
Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
3 court collections
Last checked

Search and filter South Africa case law

Results update automatically as you type.

South Africa decisions

Decisions matching the current search

Clear filters
Administrative Law [2022] ZAGPJHC 65

Down Touch Investments (Pty) Ltd and Another v MEC: Provincial Government of the Gauteng Province: Department of Roads and Transport (2096/2022)

Down Touch Investments (Pty) Ltd and Another v MEC: Provincial Government of the Gauteng Province: Department of Roads and Transport (2096/2022) [2022] ZAGPJHC 65 (7 February 2022)

Court
South Gauteng High Court, Johannesburg
Case number
2096/2022
Judge
RĂ©an Strydom

The court found that the Department's disqualification of the Consortium's bid was unlawful as it was based on an unsubstantiated suspicion of collusion, without affording the Consortium an opportunity to make representations as required by procurement regulations. The Department's attempt to introduce a new ground for disqualification (non-certification of the B-BBEE certificate) at a late stage was impermissible, as administrative fairness requires that only the reasons originally provided be considered. The court distinguished the OUTA decision, noting that the present matter involved admi…

Source excerpt

  • Tender Disqualification
  • Collusive Trading
  • B Bbee Certificate Requirement
  • Interim Interdict
  • Procurement Regulations
  • Just Administrative Action
Read case analysis
Administrative Law [2020] ZASCA 2

Airports Company South Africa SOC Ltd v Imperial Group Ltd and Others (1306/18)

Airports Company South Africa SOC Ltd v Imperial Group Ltd and Others (1306/18) [2020] ZASCA 2; [2020] 2 All SA 1 (SCA); 2020 (4) SA 17 (SCA) (31 January 2020)

Court
Supreme Court of Appeal
Case number
1306/18
Judges
Ponnan, Cachalia, Tshiqi, Wallis, Molemela

The Supreme Court of Appeal held that section 217 of the Constitution applies to the RFB issued by Airports Company South Africa SOC Ltd (ACSA), as the process constituted contracting for services by an organ of state. The RFB was subject to the requirements of fairness, equity, transparency, competitiveness, and cost-effectiveness, and had to comply with the legislative framework established by the PP Act and B-BBEE Act. The court found that ACSA's restrictive interpretation of procurement was unfounded, and that the RFB's pre-qualification criteria, scoring methods, and transformation imper…

Source excerpt

  • Public Procurement
  • Preferential Procurement Policy Framework Act
  • Broad Based Black Economic Empowerment
  • Judicial Review
  • Principle Of Legality
  • Procurement Regulations
Read case analysis
Labour Law [2014] ZAGPPHC 654

Feni v Pan South African Language Board and Others (30640/2014)

Feni v Pan South African Language Board and Others (30640/2014) [2014] ZAGPPHC 654 (29 August 2014)

Court
North Gauteng High Court, Pretoria
Case number
30640/2014
Judge
T M Makgoka

The court found that the applicant established a prima facie right to a procedurally fair disciplinary hearing, as the appointments of the initiator and chairperson did not comply with constitutional and procurement requirements. The urgency was justified due to the constitutional nature of the challenge. The High Court had jurisdiction because the dispute involved constitutional rights, not merely employment matters. The applicant demonstrated irreparable harm if the hearing proceeded under an unlawfully constituted panel, and the balance of convenience favoured granting interim relief. The…

Source excerpt

  • Disciplinary Proceedings
  • Interim Interdict
  • Constitutional Validity
  • Procurement Regulations
  • Jurisdiction
  • Urgency
Read case analysis

About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.