South Africa Case Law

City of Tshwane Metropolitan Municipality v Alliance Fleet (Pty) Ltd and Others (2023/085724)

City of Tshwane Metropolitan Municipality v Alliance Fleet (Pty) Ltd and Others (2023/085724) [2023] ZAGPPHC 1117 (6 September 2023)

Court

North Gauteng High Court, Pretoria

Case number

2023/085724

Judge

Collis

The court found that the applicant had established a clear right to access its bank accounts, as the freezing of these accounts would severely hamper the municipality's ability to function. The writ of execution was issued without a judicial determination of the amounts due, which is contrary to the rule of law and constitutes unlawful self-help. The requirements for an interim interdict were satisfied: the applicant demonstrated a prima facie right, irreparable harm, balance of convenience in its favour, and lack of an alternative remedy. The points raised by the first respondent regarding u…

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• Interim Interdict
• Writ Of Execution
• Public Private Partnership
• Condonation Of Non Compliance
• Urgent Application

Dipalopalo Concession (Pty) Ltd v Department of Statistics South Africa (35920/2019)

Dipalopalo Concession (Pty) Ltd v Department of Statistics South Africa (35920/2019) [2021] ZAGPPHC 200 (25 March 2021)

Court

North Gauteng High Court, Pretoria

Case number

35920/2019

Judge

N Janse Van Nieuwenhuizen

The court held that the majority of the defendant’s grounds of exception were unfounded. The particulars of claim, when read as a whole, provided sufficient detail for the defendant to understand the case it must meet and to instruct its attorneys accordingly. The factual allegations regarding the variations, amendments, and waiver of the PPP agreement were adequately pleaded and supported by attached documents and correspondence. The court found that the plaintiff was not required to plead compliance with Treasury Regulation 16.8.1 as only material amendments require such approval, and the p…

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• Public Private Partnership
• Contract Variation
• Vague And Embarrassing Pleading
• Breach Of Contract
• Treasury Regulation Compliance

City of Tshwane Metropolitan Municipality and Another v Moipone Fleet (Pty) Ltd (57/2019)

City of Tshwane Metropolitan Municipality and Another v Moipone Fleet (Pty) Ltd (57/2019) [2020] ZASCA 55 (27 May 2020)

Court

Supreme Court of Appeal

Case number

57/2019

Judges

Cachalia, Zondi, Dlodlo, Ledwaba, Mabindla-Boqwana

The Supreme Court of Appeal set aside a contempt finding, holding that the City’s vehicle purchases were outside the earlier order and clause 39 did not bar purchases.

• Public Private Partnership
• Contempt Of Court
• Contract Interpretation
• Interim Interdict
• Exclusivity Clause
• Contempt-of-court

(3289/18)

(3289/18) [2020] ZAMPMBHC 46; [2020] ZAMPMBHC 5 (6 March 2020)

Court

Mbombela High Court, Mpumalanga

Case number

2653/2017

Judge

Greyling-Coetzer

The court found that the replication by the Mpumalanga Provincial Government raises constitutional issues of public importance, specifically regarding the application of estoppel in public-private partnership agreements governed by the PFMA and Treasury Regulations. The High Court, not a private arbitrator, has jurisdiction to decide such constitutional matters. The privatisation of constitutional disputes is contrary to the constitutional system, and the arbitrator lacks the power to grant just and equitable remedies under Section 172 of the Constitution. Furthermore, relevant parties such a…

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• Arbitration Act Section 3
• Public Private Partnership
• Estoppel
• Pfma Compliance
• Constitutional Jurisdiction
• Joinder Of Parties

City of Tshwane Metropolitan Municipality v Altech Radio Holdings (Pty) Limited and Others (58305/2017)

City of Tshwane Metropolitan Municipality v Altech Radio Holdings (Pty) Limited and Others (58305/2017) [2019] ZAGPPHC 958; [2020] 1 All SA 99 (GP) (16 July 2019)

Court

North Gauteng High Court, Pretoria

Case number

58305/2017

Judge

Baqwa

The court found that the tender process for the municipal broadband project was fundamentally flawed due to multiple material irregularities, including non-compliance with statutory procurement requirements, lack of transparency and fairness, improper delegation of authority, and failure to comply with the Municipal Finance Management Act and Preferential Procurement Policy Framework Act. The City Manager was empowered to institute the proceedings, and the absence of a municipal council resolution was not fatal. The delay in bringing the review application was condoned due to the change in po…

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• Municipal Procurement
• Principle Of Legality
• Public Private Partnership
• Preferential Procurement
• Supply Chain Management
• Delay In Review

Moipone Fleet (Pty) Ltd v City of Tshwane Metropolitan Municipality and Another (16285/2019)

Moipone Fleet (Pty) Ltd v City of Tshwane Metropolitan Municipality and Another (16285/2019) [2019] ZAGPPHC 89 (28 March 2019)

Court

North Gauteng High Court, Pretoria

Case number

16285/2019

Judge

H.J Fabricius

The High Court dismissed an urgent application to stop a municipal vehicle procurement process, finding no urgency and that damages would be an adequate remedy.

• Interim Interdict
• Public Private Partnership
• Contractual Exclusivity
• Damages Remedy
• Interim-interdict
• Procurement

Bloemfontain Correctional Contracts Proprietary Limited v Minister for the Department of Correctional Services and Another (54391/17)

Bloemfontain Correctional Contracts Proprietary Limited v Minister for the Department of Correctional Services and Another (54391/17) [2017] ZAGPPHC 1091 (13 September 2017)

Court

North Gauteng High Court, Pretoria

Case number

54391/17

Judge

W Hughes

The High Court granted urgent relief, ordered payment of an unpaid invoice, and barred the Department from setting off disputed section 112 costs pending resolution.

• Public Private Partnership
• Contractual Set Off
• Urgent Interdict
• Prescription Of Debt
• Liquidated Claim
• Indemnity Clause

Moipone Group of Companies (Pty) Ltd v City of Tshwane Municipality (13874/2017)

Moipone Group of Companies (Pty) Ltd v City of Tshwane Municipality (13874/2017) [2017] ZAGPPHC 149 (29 March 2017)

Court

North Gauteng High Court, Pretoria

Case number

13874/2017

Judge

N Davis

The court held that a municipal PPP agreement remained valid and enforceable after written extensions and waivers of suspensive conditions, and ordered the municipality to comply.

• Public Private Partnership
• Suspensive Conditions
• Contract Enforcement
• Municipal Tender Process
• Waiver Of Conditions
• Administrative Action Review

SS & Project & Finance Solutions v Gibb (Pty) Limited and Others (099822015)

SS & Project & Finance Solutions v Gibb (Pty) Limited and Others (099822015) [2015] ZAGPJHC 255 (12 November 2015)

Court

South Gauteng High Court, Johannesburg

Case number

099822015

Judge

M Sikhakhane

The High Court dismissed an urgent application over a disputed consultancy agreement, holding the factual disputes were foreseeable and unsuitable for motion proceedings.

• Consortium Agreement
• Authority To Contract
• Motion Proceedings
• Dispute Of Fact
• Public Private Partnership
• Interdict

Afrisake NPC and Others v City of Tshwane Metropolitan Municipality and Others (74192/2013)

Afrisake NPC and Others v City of Tshwane Metropolitan Municipality and Others (74192/2013) [2014] ZAGPPHC 191 (14 March 2014)

Court

North Gauteng High Court, Pretoria

Case number

74192/2013

Judge

H.J Fabricius

The court found that the applicants failed to establish the requirements for an interim interdict. On their own version, the smart metering project was in its early stages and not at risk of becoming a fait accompli before the review could be heard. The applicants did not demonstrate a prima facie right that would be irreparably harmed absent interim relief. The alleged harm was speculative and not imminent, and the balance of convenience favoured the respondents, as halting the project would disrupt revenue collection and service delivery. The applicants had an adequate remedy in the pending…

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• Municipal Procurement
• Interim Interdict
• Principle Of Legality
• Public Private Partnership
• Separation Of Powers
• Competitive Bidding