South Africa Case Law

Bosch Munitech (Pty) Ltd v Govan Mbeki Municipality (33425/16)

Bosch Munitech (Pty) Ltd v Govan Mbeki Municipality (33425/16) [2024] ZAGPPHC 531 (6 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

33425/16

Judge

Collis

The court found that the defendant's legality challenge to the contract was unduly delayed, with no explanation provided for the seven-year lapse between contract conclusion and initiation of review proceedings. The court exercised its discretion not to condone the delay, noting that the defendant had always been aware of the contract and had acted in a manner consistent with its validity, including making payments and ratifying the agent's conduct. The plaintiff's version was accepted, as the defendant presented no evidence to refute it. The contract was held to be valid, and the defendant's…

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• Municipal Procurement
• Contract Validity
• Legality Review
• Prescription Act
• Just And Equitable Relief
• Public Tender Process

Minister of Finance v Afribusiness NPC (CCT 279/20)

Minister of Finance v Afribusiness NPC (CCT 279/20) [2022] ZACC 4; 2022 (4) SA 362 (CC); 2022 (9) BCLR 1108 (CC) (16 February 2022)

Court

Constitutional Court

Case number

CCT 279/20

Judges

Khampepe ADCJ, Jafta J, Madlanga J, Majiedt J, Mhlantla J, Pillay AJ, Theron J, Tlaletsi AJ, Tshiqi J

The Constitutional Court held the 2017 Preferential Procurement Regulations were ultra vires and invalid, and dismissed intervention and direct access applications.

• Preferential Procurement
• Ultra Vires
• Judicial Review Of Regulations
• Broad Based Black Economic Empowerment
• Public Tender Process
• Constitutional Interpretation

Oranje Watersport CC v Dawid Kruiper Local Municipality and Others (2150/2016)

Oranje Watersport CC v Dawid Kruiper Local Municipality and Others (2150/2016) [2018] ZANCHC 42 (6 July 2018)

Court

Northern Cape High Court, Kimberley

Case number

2150/2016

Judges

Phatsoane ADJP, Lever AJ

The court found that the applicant was not required to exhaust internal remedies under the supply chain management policy or section 62 of the Municipal Systems Act, as the record of decision was not provided and accrued rights had vested in the second respondent. Section 124 of Ordinance 20 of 1974 was held to be impliedly repealed by the MFMA and its regulations, which now comprehensively regulate the disposal of municipal assets. The requirements of section 14 of the MFMA were satisfied: the council considered the sale in a public meeting, addressed market value and community value, and en…

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• Municipal Asset Disposal
• Internal Remedies Exhaustion
• Promotion Of Administrative Justice Act
• Public Tender Process
• Basic Municipal Services
• Implied Repeal

Airports Company South Africa v Tswelokgotso Trading Enterprises CC (19548/2015)

Airports Company South Africa v Tswelokgotso Trading Enterprises CC (19548/2015) [2018] ZAGPJHC 476; 2019 (1) SA 204 (GJ) (22 June 2018)

Court

South Gauteng High Court, Johannesburg

Case number

19548/2015

Judge

Unterhalter

High Court review of a tender award failed because ACSA did not prove reviewable errors of fact under legality review.

• Legality Review
• Error Of Fact
• Public Tender Process
• Promotion Of Administrative Justice Act
• Procedural Fairness
• Legality-review

Minister of Home Affairs and Others v Fireblade Aviation Proprietary (8576/2016; 93450/2016)

Minister of Home Affairs and Others v Fireblade Aviation Proprietary (8576/2016; 93450/2016) [2017] ZAGPPHC 949 (8 December 2017)

Court

North Gauteng High Court, Pretoria

Case number

85376/2016 & 93450/2016

Judge

S Potterill

The High Court dismissed leave-to-appeal applications in a dispute over customs and immigration services at a fixed-base operation.

• Leave To Appeal
• Section 217 Constitution
• Public Tender Process
• Procedural Fairness
• Striking Out Application
• Hearsay Evidence

Viking Pony Africa Pumps (Pty) Ltd t/a Tricom Africa and Another v Hidro-Tech Systems (Pty) Ltd (175/09)

Viking Pony Africa Pumps (Pty) Ltd t/a Tricom Africa and Another v Hidro-Tech Systems (Pty) Ltd (175/09) [2010] ZASCA 23; 2010 (3) SA 365 (SCA) ; [2010] 4 All SA 80 (SCA) (25 March 2010)

Court

Supreme Court of Appeal

Case number

175/09

Judges

MPATI, HEHER, MLAMBO, BOSIELO, SALDULKER

The Supreme Court of Appeal held that the City of Cape Town was obliged to act upon receiving credible, substantiated complaints of fraudulent preference in the tender process, as required by Regulation 15(1) of the Preferential Procurement Policy Framework Act. The Court clarified that 'detection' does not require conclusive proof or a completed investigation; rather, a credible complaint or reasonable possibility of fraud is sufficient to trigger the duty to act. The City's failure to take meaningful steps in response to Hidro-Tech's detailed allegations and supporting affidavits constitute…

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• Preferential Procurement
• Fronting
• Black Economic Empowerment
• Fraudulent Misrepresentation
• Public Tender Process

Stellenbosch Municipality and Another v Fusion Properties 233 CC and Others (1833/2008)

Stellenbosch Municipality and Another v Fusion Properties 233 CC and Others (1833/2008) [2009] ZAWCHC 168 (9 October 2009)

Court

Western Cape High Court, Cape Town

Case number

1833/2008

Judge

Desai

The High Court dismissed Stellenbosch Municipality’s review of its land-sale tender process, holding the challenge was brought too late under PAJA.

• Municipal Procurement
• Promotion Of Administrative Justice Act
• Local Government Finance Management Act
• Delegation Of Powers
• Condonation For Delay
• Public Tender Process

South African Post Office v De Lacy and Another (19/08)

South African Post Office v De Lacy and Another (19/08) [2009] ZASCA 45; 2009 (5) SA 255 (SCA) ; [2009] 3 All SA 437 (SCA) (13 May 2009)

Court

Supreme Court of Appeal

Case number

19/08

Judges

Farlam, Navsa, Nugent, Van Heerden, Mlambo

An unsuccessful tenderer failed to prove dishonesty in SAPO’s award of a biometric payment contract, so its damages and enrichment claims were dismissed.

• Public Tender Process
• Delictual Liability
• Dishonesty In Procurement
• Unjust Enrichment
• Black Economic Empowerment
• Evaluation Of Tenders

MEC, Department of Education, North-West v KC Productions CC (CA 14/207)

MEC, Department of Education, North-West v KC Productions CC (CA 14/207) [2009] ZANWHC 10 (5 March 2009)

Court

North West High Court, Mafikeng

Case number

CA 14/2007

Judges

D I Matlapeng, M T R Mogoeng, Samkelo Gura

The court held that the appellant's decision to cancel the contract, which arose directly from a public tender process governed by statute, constituted the exercise of public power and was therefore administrative action subject to the requirements of administrative fairness under PAJA. The contract's formation was a seamless transition from the tender process, with no separate agreement beyond the tender terms dictated by the appellant as a public authority. The attempt to separate the contractual rights from the statutory source was rejected. The appellant failed to act lawfully, reasonably…

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• Promotion Of Administrative Justice Act
• Public Tender Process
• Contractual Termination By State
• Procedural Fairness
• Exercise Of Public Power

Kwazulu CSM Monitoring Systems (Pty) Ltd v Kwazulu-Natal Gambling Board and Others (470/06)

Kwazulu CSM Monitoring Systems (Pty) Ltd v Kwazulu-Natal Gambling Board and Others (470/06) [2007] ZASCA 131; [2007] SCA 131 (RSA) (28 September 2007)

Court

Supreme Court of Appeal

Case number

470/06

Judges

Navsa, Jafta, Cachalia, Malan, Mhlantla

The Supreme Court of Appeal held that the KwaZulu-Natal Gambling Board had authority to contract for the province’s central electronic monitoring system.

• Contractual Authority
• Statutory Interpretation
• Provincial Gambling Regulation
• Public Tender Process
• Statutory-interpretation
• Contractual-authority