TLJ Security Services v Tswaing Local Municipality (1376/22) [2023] ZANWHC 232 (18 January 2023)
Court
North West High Court, Mafikeng
Case number
1376/22
Judge
O.Y Dibetso-Bodibe
The High Court held that an oral municipal security-services agreement was invalid for non-compliance with MFMA procurement requirements and dismissed default judgment.
Municipal Manager: Qaukeni and Others v F V General Trading CC (324/2008) [2009] ZASCA 66; 2010 (1) SA 356 (SCA); [2009] 4 All SA 231 (SCA) (29 May 2009)
Court
Supreme Court of Appeal
Case number
324/2008
Judges
MPATI, BRAND, CLOETE, MAYA, LEACH
The Supreme Court of Appeal held that the contract for refuse collection was invalid as it was concluded in breach of mandatory statutory procurement procedures, including the absence of a competitive bidding process and community consultation as required by the Constitution, the Systems Act, and the Municipal Finance Management Act. The court rejected the respondent's argument that a distinction exists between 'municipal services' and 'basic municipal services' for procurement purposes, finding that both are subject to the same statutory requirements. The court further held that the appellan…