South Africa Case Law

Tasima (Pty) Ltd v Department of Transport and Others (44095/2012)

Tasima (Pty) Ltd v Department of Transport and Others (44095/2012) [2016] ZAGPPHC 879 (22 September 2016)

Court

North Gauteng High Court, Pretoria

Case number

44095/2012

Judge

C Pretorius

The court found that the Department of Transport, Director General, Mr Kara-Vala, and the Road Traffic Management Corporation were in wilful and mala fide contempt of multiple extant court orders, including the Sasson 1 and Sasson 2 orders. The respondents failed to pay amounts due under payment certificates and PRQs, did not establish the escrow arrangement as ordered, and provided inconsistent and unsupported explanations for their non-compliance. The court held that the respondents' conduct was deliberate, serial, and in disregard of the authority of the court, justifying declarations of c…

Source excerpt

• Civil Contempt Of Court
• Enforcement Of Court Orders
• Escrow Arrangement
• Public Contracts
• Wilful Disobedience
• Punitive Costs

State Information Technology Agency Soc Ltd v Gijima Holdings (Pty) Ltd (32665/2014)

State Information Technology Agency Soc Ltd v Gijima Holdings (Pty) Ltd (32665/2014) [2015] ZAGPPHC 1079 (18 May 2015)

Court

North Gauteng High Court, Pretoria

Case number

32665/2014

Judge

K E Matojane

The High Court held that SITA’s challenge to its own procurement decision had to be brought under PAJA and was out of time.

• Procurement Irregularity
• Promotion Of Administrative Justice Act
• Public Contracts
• Delay In Review
• Just And Equitable Remedy
• Administrative-law

Golekane Projects (Pty) Ltd and Others v MEC for the Transport, Road and Community Safety and Another (1807/2011)

Golekane Projects (Pty) Ltd and Others v MEC for the Transport, Road and Community Safety and Another (1807/2011) [2012] ZANWHC 20 (17 May 2012)

Court

North West High Court, Mafikeng

Case number

1807/2011

Judge

A A Landman

The court granted condonation for late notice under the organs-of-state Act, finding the applicants’ claims had not prescribed and that no unreasonable prejudice was shown.

• Condonation
• Institution Of Legal Proceedings Against Organs Of State
• Prescription
• Public Contracts
• Institution-of-legal-proceedings-against-organs-of-state
• Public-contracts

Groenewald NO and Others v M5 Developments (Cape)

Groenewald NO and Others v M5 Developments (Cape) [2010] ZASCA 47; 2010 (5) SA 82 (SCA) ; [2011] 1 All SA 17 (SCA) (31 March 2010)

Court

Supreme Court of Appeal

Case number

283/09

Judges

NAVSA, CLOETE, LEWIS, MHLANTLA, LEACH

The Supreme Court of Appeal held that a section 62 municipal appeal is limited to the appellant’s grievance and cannot be used to award a tender to a non-appellant.

• Municipal Tender Review
• Preferential Procurement
• Section 62 Appeal
• Public Contracts
• Constitutional Procurement Principles
• Municipal-tender