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South Africa Case Law

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Administrative Law [2023] ZANWHC 232

TLJ Security Services v Tswaing Local Municipality (1376/22)

TLJ Security Services v Tswaing Local Municipality (1376/22) [2023] ZANWHC 232 (18 January 2023)

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 Procurement
  • Doctrine Of Legality
  • Oral Contracts
  • Supply Chain Management
  • Default Judgment
  • Public Tender Requirements
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Administrative Law [2009] ZASCA 66

Municipal Manager: Qaukeni and Others v F V General Trading CC (324/2008)

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)

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…

  • Municipal Procurement
  • Invalid Contract
  • Promotion Of Administrative Justice Act
  • Public Tender Requirements
  • Declaration Of Invalidity
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.