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South Africa decisions
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Mothokwa Trading Enterprice v MEC for Education Limpopo Province and Others (13927/2024) [2025] ZALMPPHC 145 (31 July 2025)
The High Court granted an interim interdict stopping implementation of a Limpopo education furniture contract pending review of the procurement decisions.
Prime African (Pty) Ltd v Eskom Holding SOC Ltd and Others (2025/070166) [2025] ZAWCHC 306 (25 July 2025)
The court found that Eskom was not in wilful contempt of the 2024 order. Although Eskom failed to meet the deadline for the emergency procurement process, the evidence demonstrated substantial compliance and bona fide efforts to comply, with delays attributable to legitimate procurement complexities. The applicant failed to prove intentional or flagrant disregard of the order. The request to amend the 2024 order was rejected, as the principle of finality precludes substantive changes except for clerical errors or ambiguities, which were not present. The interdict relief sought was incompetent…
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Special Investigating Unit v Bendalo Holdings (Pty) Ltd and Another (EC23/2024) [2025] ZAST 11 (10 July 2025)
The Tribunal found that the SIU had locus standi to bring the application, as its mandate under the Proclamation and the SIU Act extended to investigating matters connected to the National State of Disaster, including the procurement of SRD food parcels. The Tribunal rejected Bendalo's argument that the SIU's mandate was limited to events after 1 January 2020, holding that the Proclamation and Schedule must be interpreted harmoniously and that the impugned decision was sufficiently connected to the National State of Disaster. However, the Tribunal upheld Bendalo's point of non-joinder, findin…
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SKG Africa (Pty) Ltd v South African Local Government Association and Another (3641/2023) [2025] ZAECMKHC 53 (19 June 2025)
The court reviewed SALGA’s procurement decision after finding it failed to evaluate all of SKG Africa’s multiple bids and ordered a fresh tender process.
Maximum Profit Recovery (Pty) Ltd v Naledi Local Municipality and Others (340/2024) [2025] ZASCA 83 (10 June 2025)
The appeal was dismissed as moot because the disputed VAT recovery contract had expired, and the Supreme Court of Appeal found no exceptional reason to hear it.
Special Investigating Unit v Helicopter and Airplane Logistical Operations (Pty) Ltd and Others (GP07/2023) [2025] ZAST 8 (5 June 2025)
The Tribunal found that the procurement process for the award and extension of the contract to the joint venture was materially irregular and unlawful. The advertised tender period was changed from 12 months to 3 years after bid closure, limiting competition and violating transparency and fairness. Committee members were not properly appointed in writing, and the construction component failed to comply with CIDB registration and advertising requirements. The contract extension was unauthorised and not approved by the Accounting Officer. These irregularities contravened section 217 of the Cons…
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Maximum Profit Recovery (Pty) Ltd v Umkhanyakude District Municipality and Another (D12061/2024) [2025] ZAKZDHC 32 (23 May 2025)
The court found that the Municipality's decision to appoint the second respondent via a quotation process was unlawful and constitutionally invalid. The value of the contract exceeded the statutory threshold for competitive bidding, and the Municipality's use of a quotation process constituted prohibited contract splitting. The Municipality failed to invite all panel members to quote, did not comply with its own policies, and did not provide evidence justifying its deviation from the competitive process. The procurement process lacked transparency, fairness, and accountability, violating sect…
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Davis and Deale Irrigation (Pty) Ltd and Another v City of Ekurhuleni Metropolitan and Others (2023-071369) [2025] ZAGPJHC 475 (19 May 2025)
The High Court dismissed an interim interdict against a municipal water-meter contract award, finding no proven fraud, no imminent irreparable harm, and an adequate damages remedy.
Independent Development Trust (IDT) and Others v Moepathutse Property Investments (Pty) Ltd (2024/031868) [2025] ZAGPPHC 499 (16 May 2025)
The High Court dismissed IDT’s legality review of a Pretoria office lease tender, finding no breach of procurement rules or the SCM policy.
Airports Company South Africa SOE Limited and Another v Aviation CO-Ordination Services (Pty) Limited and Another (119918/2023) [2025] ZAGPJHC 447 (2 May 2025)
The High Court dismissed an urgent appeal because the challenged orders were interim, so section 18(4) of the Superior Courts Act was not engaged.
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