Cargo Movers (South Africa) (Pty) Ltd v Transnet SOC Limited (64902/2016)
Cargo Movers (South Africa) (Pty) Ltd v Transnet SOC Limited (64902/2016) [2022] ZAGPPHC 903 (17 November 2022)
The court found that the plaintiff and Tengwa Africa are separate legal entities, and any costs incurred by Tengwa Africa in performing the contract cannot be claimed by the plaintiff from the defendant. The LOA and RFP expressly prohibited undisclosed subcontracting and required any subcontractor to be disclosed and to have an equal or higher BBBEE status. The plaintiff failed to disclose Tengwa Africa and subcontracted 100% of the work, contrary to the RFP. The evidence showed that all payments due for services rendered under the LOA were made to the plaintiff, and any further costs were in…
Source excerpt
- Breach Of Contract
- Subcontracting Prohibition
- Prescription Of Debt
- Privity Of Contract
- Reasonable Actual Costs
- Letter Of Award