Premier of Mpumalanga v CAJV (Pty) Ltd and Another (Review) (5503/2023) [2025] ZAMPMBHC 63 (25 July 2025)
Court
Mbombela High Court, Mpumalanga
Case number
5503/2023
Judge
Shai AJ
The High Court partly granted a self-review of Mpumalanga procurement contracts, set aside unlawful tender decisions, and ordered just and equitable relief on payments.
Special Investigations Unit v Municipal Employees Union Retirement Fund and Others (GP10/2020) [2024] ZAST 11 (31 July 2024)
Court
Special Tribunal
Case number
GP10/2020
Judge
L T Modiba
The Tribunal found that its jurisdiction to grant interdicts is not limited by section 37D(1)(b)(ii) of the Pension Funds Act, as the SIU's application is based on the Special Investigating Unit and Special Tribunals Act and Tribunal Rules. The Tribunal's powers under section 8(2) are sufficiently broad to include the preservation of pension benefits pending final determination of the main action. The requirements for an interim interdict under common law were satisfied: the SIU established a prima facie right based on procurement irregularities and breach of fiduciary duties by Legodi, there…
Mobile Telephone Network v Special Investigating Unit (LP/03/2022) [2024] ZAST 6 (24 July 2024)
Court
Special Tribunal
Case number
LP/03/2022
Judge
K Pillay
The court held that the plaintiff need not attribute unlawful conduct to the excipient to sustain its cause of action. It is sufficient for the plaintiff to allege and prove that the contract was tainted by irregularity, specifically the breach of procurement prescripts under the PFMA. The approach in Allpay and Mining Qualifications Authority was followed, confirming that the consequences of invalidity must be addressed and that benefit from an unlawful contract is subject to public scrutiny. The excipient's argument that the expenditure was not fruitless or wasteful and that no unlawful con…
South African Broadcasting Corporation SOC Ltd and Another v Lornavision (Pty) Ltd (49514/2017) [2024] ZAGPJHC 299 (19 March 2024)
Court
South Gauteng High Court, Johannesburg
Case number
49514/2017
Judge
Dosio
The court found that the written services agreement between the SABC and Lornavision was declared unlawful and void ab initio, requiring restitution of the full amount paid under the contract. Lornavision failed to file a plea and thus could not oppose the default judgment application. The affidavits of Ms Tladi and Mr Daniels, which quantified the loss and confirmed the lack of benefit to the SABC, were accepted as uncontested evidence. Technical objections to the commissioning of affidavits were dismissed, as substantial compliance was established and supplementary affidavits were provided.…
Special Investigating Unit and Another v LNG (Pty) Ltd (GP03/2022) [2024] ZAST 1 (7 February 2024)
Court
Special Tribunal
Case number
GP03/2022
Judge
L.T. Modiba
The Special Tribunal set aside a Gauteng Health PPE procurement to LNG, held the default-step objection failed, and ordered profit divestment and costs.
Special Investigating Unit v C Squared Consumer Connectedness (Pty) Limited and Others (FS01/2022) [2023] ZAST 13 (25 October 2023)
Court
Special Tribunal
Case number
FS01/2022
Judge
L.T. Modiba
The Tribunal found that the Department of Transport's procurement process for PPE contracts was irregular and unlawful in respect of Ecko Green Environmental Consulting (Pty) Ltd. Ecko Green was not registered on the Central Supplier Database at the time of award, and its director misrepresented its registration status by editing another company's profile. There was also a failure to disclose a conflict of interest involving a payment to a company associated with SANTACO's CEO, who influenced the supplier list. These actions undermined the constitutional values of transparency, fairness, and…
Imvusa Trading 1581 BK v Oudtshoorn Municipality (1708/2017) [2022] ZAWCHC 211 (20 October 2022)
Court
Western Cape High Court, Cape Town
Case number
1708/2017
Judge
Erasmus J
The court held two municipal SLAs for pothole repairs invalid for procurement non-compliance, dismissed the contractor’s claims, and found certain officials liable under section 32 MFMA.
Social Housing Regulator Authority v TBGI Holdings (PTY) Ltd and Others (17711/2020) [2022] ZAGPJHC 452 (5 July 2022)
Court
South Gauteng High Court, Johannesburg
Case number
17711/2020
Judge
Matsemela
The court found that the Social Housing Regulatory Authority's decision to award grant funding and conclude the CCGA with the First Respondent was unlawful and invalid. The First Respondent failed to meet the land and service criteria under Regulation 19, as it did not have a valid lease with a public sector entity for the required period, and the main lease had been terminated prior to approval. The sub-lease submitted was not compliant, and material facts were concealed from the Applicant. The court held that the Applicant acted in good faith by investigating the irregularities and seeking…
Special Investigating Unit v Zakheni Strategic Supplies (Pty) Ltd and Another (GP09/2021) [2022] ZAST 16 (29 June 2022)
Court
Special Tribunal
Case number
GP09/2021
Judge
L T Modiba
The Tribunal found that the contract awarded to Zakheni Strategic Supplies (Pty) Ltd was unlawful and irregular due to non-compliance with mandatory procurement prescripts, specifically Instruction Note 3, and the lack of authority of the CFO to singularly award the contract. The Tribunal dismissed Zakheni's arguments that TN3 was merely a guideline and confirmed its jurisdiction to review and set aside the contract and grant just and equitable relief. The Tribunal held that Zakheni is not entitled to profit from the impugned contract and ordered Zakheni to render audited financial statements…
Special Investigating Unit and Another v Ndlovu and Others (GP 19/2021) [2022] ZAST 12 (7 June 2022)
Court
Special Tribunal
Case number
GP 19/2021
Judge
L.T. Modiba
The Special Tribunal set aside unlawful NHLS PPE procurement, ordered repayment on enrichment grounds, declared preserved assets forfeit, and awarded punitive costs.
