South Africa Case Law

Member of Executive Council For Economic Development, Environment, Agriculture and Rural Development (Gauteng) and Another v Phumelela Gaming and Leisure Limited and Others (2019/11734)

Member of Executive Council For Economic Development, Environment, Agriculture and Rural Development (Gauteng) and Another v Phumelela Gaming and Leisure Limited and Others (2019/11734) [2024] ZAGPJHC 720 (12 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2019/11734

Judge

S D J Wilson

The application for leave to appeal was dismissed because the applicants failed to demonstrate reasonable prospects of success. The court found that the amendment to regulation 276 was unlawful due to the lack of direct engagement with Phumelela, the only party affected. Engagement with the Gambling Board did not satisfy the requirement for procedural fairness, as the decision-maker was the MEC. The remedy granted, including payment relief, was appropriate to correct the unlawfulness, regardless of whether the defect was procedural or substantive. The counter-application was dismissed as sect…

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• Procedural Fairness
• Regulatory Amendment Review
• Remedies For Unlawful Administrative Action
• Public Finance Management Act
• Leave To Appeal
• Costs Orders

Soma Initiative Pty Ltd v Premier Eastern Cape Provincial Government and Others (353/2022)

Soma Initiative Pty Ltd v Premier Eastern Cape Provincial Government and Others (353/2022) [2024] ZAECMKHC 33 (20 March 2024)

Court

Eastern Cape High Court, Makhanda

Case number

353/2022

Judge

V P Noncembu

The court extended the suspension of invalidity of the Eastern Cape HRM appointment until 31 December 2024 and ordered costs against the respondents.

• Promotion Of Administrative Justice Act
• Constitutional Invalidity
• Just And Equitable Remedy
• Public Procurement
• Remedies For Unlawful Administrative Action
• Administrative-law

Indwe Aviation (Pty) Ltd v Minister of Environmental Affairs and Another (14576/2017)

Indwe Aviation (Pty) Ltd v Minister of Environmental Affairs and Another (14576/2017) [2018] ZAGPPHC 861 (27 November 2018)

Court

North Gauteng High Court, Pretoria

Case number

14576/2017

Judge

C Pretorius

The court found that the applicant was unfairly excluded at the functionality stage of the tender process due to a mechanical and irrational approach to scoring references and double standards applied by the Bid Evaluation Committee. The applicant was not afforded the same opportunities as the second respondent to supplement its bid, and relevant experience through its relationship with the Titan Helicopter Group was disregarded. The tender was awarded at a substantially higher price, contrary to the principles of fairness, transparency, and cost-effectiveness required by section 217 of the C…

Source excerpt

• Promotion Of Administrative Justice Act
• Public Procurement
• Preferential Procurement Policy Framework Act
• Constitutional Fairness
• Bid Evaluation
• Remedies For Unlawful Administrative Action