South Africa Case Law

Mambafula v Alfred Nzo District Municipality (2715/2024)

Mambafula v Alfred Nzo District Municipality (2715/2024) [2025] ZAECMHC 45 (29 May 2025)

Court

Eastern Cape High Court, Mthatha

Case number

2715/2024

Judge

Nkele

The court found that the respondent's decision not to appoint the applicant and to re-advertise the post was an administrative action as defined under PAJA, as it was taken by an organ of state exercising public power in terms of section 56 of the Municipal Systems Act and had a direct, external legal effect on the applicant's rights. The respondent failed to provide any factual or legal basis for its decision, did not disclose or investigate the alleged irregularities, and acted on unsubstantiated information. The council did not perform a legislative or executive function but implemented le…

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• Promotion Of Administrative Justice Act
• Municipal Appointments
• Judicial Review
• Rationality Review
• Remedies Under Paja

Bophelong Construction (PTY) LTD v Roads Agency Limpopo (SOC) Limited (7765/2020)

Bophelong Construction (PTY) LTD v Roads Agency Limpopo (SOC) Limited (7765/2020) [2022] ZALMPPHC 71 (19 December 2022)

Court

Limpopo High Court, Polokwane

Case number

7765/2020

Judge

Ledwaba

The court found that a genuine dispute of fact exists regarding whether the applicant attached the mandatory completion certificates to its bid documents. The applicant sought final relief on motion proceedings without applying for referral to oral evidence or trial, and thus the dispute must be resolved in accordance with the Plascon-Evans rule. The respondent's version, supported by secure handling procedures and affidavits from officials, is not so far-fetched or untenable as to be rejected on the papers. Consequently, the applicant's review application cannot succeed. The court condoned t…

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• Tender Review
• Promotion Of Administrative Justice Act
• Dispute Of Fact
• Remedies Under Paja
• Costs Award

Aptitude Trading Enterprise (Pty) Ltd and Others v City Of Tshwane Metropolitan City and Others (33009/2022)

Aptitude Trading Enterprise (Pty) Ltd and Others v City Of Tshwane Metropolitan City and Others (33009/2022) [2022] ZAGPPHC 924 (28 November 2022)

Court

North Gauteng High Court, Pretoria

Case number

33009/2022

Judge

EJ Ferreira

The Court found that the City of Tshwane Metropolitan City failed to validly extend the tender validity period, as no timeous consent was obtained from all bidders prior to expiry and the tender specification did not provide for such extension. The extension request was made just before expiry, but responses were not received before the procurement process expired. This constituted a material irregularity in the tender process, rendering the award constitutionally invalid. The procurement process did not comply with the requirements of fairness and transparency under section 217 of the Consti…

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• Public Procurement
• Tender Validity Period
• Promotion Of Administrative Justice Act
• Preferential Procurement Policy Framework Act
• Constitutional Invalidity
• Remedies Under Paja

Walus v Minister of Justice and Correctional Services and Others (CCT 221/21)

Walus v Minister of Justice and Correctional Services and Others (CCT 221/21) [2022] ZACC 39; 2023 (2) BCLR 224 (CC); 2023 (2) SA 473 (CC); 2023 (1) SACR 447 (CC) (21 November 2022)

Court

Constitutional Court

Case number

CCT 221/21

Judges

Zondo CJ, Madlanga J, Majiedt J, Mhlantla J, Mlambo AJ, Theron J, Tshiqi J, Unterhalter AJ

The Constitutional Court held that the Minister’s refusal of parole to Janusz Walus was irrational and ordered that he be placed on parole.

• Parole Review
• Promotion Of Administrative Justice Act
• Life Imprisonment
• Rationality
• Remedies Under Paja
• Sentencing Remarks

Independant Regulatory Board for Auditors and Others v East Rand Member District of Chartered Accountants (64848/19 ; 46298/20)

Independant Regulatory Board for Auditors and Others v East Rand Member District of Chartered Accountants (64848/19 ; 46298/20) [2022] ZAGPPHC 994 (15 August 2022)

Court

North Gauteng High Court, Pretoria

Case number

64848/19 ; 46298/20

Judge

Janse Van Nieuwenhuizen

The High Court granted leave to appeal only on whether IRBA had a duty to consult. All other leave grounds, including fees, delay, notice and costs, were refused.

• Ultra Vires
• Consultation Obligation
• Administrative Action Review
• Fee Regulation
• Remedies Under Paja
• Administrative-law

Lohan Civils (Pty) Ltd and Others v Dr Ruth Segomotsi Mompati District Municipality and Another (Um 08/2018KP)

Lohan Civils (Pty) Ltd and Others v Dr Ruth Segomotsi Mompati District Municipality and Another (Um 08/2018KP) [2019] ZANWHC 12 (8 March 2019)

Court

North West High Court, Mafikeng

Case number

UM08/2018KP

Judge

Kgoele

The court found that the Municipality failed to provide evidence of a valid extension of the tender validity period with Bicacon, and the award was made after the period had expired. The Municipality's defence was unsupported by documentation or credible averments and did not raise a bona fide dispute of fact. The process did not treat all tenderers equally, and the award was made in breach of procurement principles and statutory requirements. The irregularity was material and rendered the award unlawful. The court held that the appropriate remedy was to set aside the award and order the tend…

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• Promotion Of Administrative Justice Act
• Public Procurement
• Tender Validity Period
• Review Of Administrative Action
• Remedies Under Paja

Gidani (Pty) Limited v Minister of Trade And Industry and Others (81420/2014)

Gidani (Pty) Limited v Minister of Trade And Industry and Others (81420/2014) [2015] ZAGPPHC 457 (4 July 2015)

Court

North Gauteng High Court, Pretoria

Case number

81420/2014

Judge

Tuchten

The court found that the Minister's decision to award the National Lottery license to Ithuba Holdings was irrational and invalid. The Minister failed to properly consider whether Ithuba could meet the fixed rand value commitment in the license agreement, which posed a significant risk of insolvency. Furthermore, Ithuba did not have the required performance bond or committed financing at the date of the license award, contrary to the mandatory requirements of the Lotteries Act and the RFP. The Minister's conduct in deviating from material conditions of the RFP without proper amendment or notif…

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• Lotteries Act
• Public Tender Review
• Procedural Fairness
• Performance Bond Requirement
• Irrationality
• Remedies Under Paja

Sanyathi Civil Engineering & Construction (Pty) Ltd and Another v eThekwini Municipality and Others, Group Five Contruction (Pty) Ltd v eThekwini Municipality and Others (KZP)

Sanyathi Civil Engineering & Construction (Pty) Ltd and Another v eThekwini Municipality and Others, Group Five Contruction (Pty) Ltd v eThekwini Municipality and Others (KZP) [2011] ZAKZPHC 45; 2012 (1) BCLR 45 (KZP); [2012] 1 All SA 200 (KZP) (24 October 2011)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

7538/2011; 9347/2011

Judge

D Pillay

The court found that eThekwini Municipality's tender process was fundamentally unlawful, as it was based on invalid regulations and a tender notice that conflicted with the mandatory requirements of the PPPFA. The allocation of only 70 points for price, instead of the statutorily required 90, rendered the process ultra vires and contaminated all subsequent decisions. The court rejected the respondents' argument that the irregularity was merely formal, holding that the defect was foundational and could not be cured by subsequent compliance or discretion. The conduct of eThekwini officials, inc…

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• Public Procurement
• Preferential Procurement Policy Framework Act
• Municipal Supply Chain Management
• Procedural Fairness
• Bias In Tender Awards
• Remedies Under Paja

Mpumalanga Steam and Boiler Works CC v Minister of Public Works and Others (22023/08)

Mpumalanga Steam and Boiler Works CC v Minister of Public Works and Others (22023/08) [2010] ZAGPPHC 128 (30 September 2010)

Court

North Gauteng High Court, Pretoria

Case number

22023/08

Judge

Murphy

The court found that the award of the tender to Tokologo Technical Assignments CC was unlawful because the Tax Clearance Certificate submitted was not valid, as confirmed by SARS. The Committee and officials failed in their duty to verify the certificate's validity when the issue was raised, contravening Regulation 16. The court held that the appropriate remedy was to set aside the award and contract, but declined to substitute its own decision for that of the administrator due to the lapse of time, changes in pricing and budgeting, and insufficient evidence to justify substitution. The court…

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• Preferential Procurement Policy Framework Act
• Tax Clearance Certificate
• Judicial Review
• Remedies Under Paja
• Punitive Costs
• Fraudulent Tender Documents

Botha v Minister of Correctional Services and Others (48708/2007)

Botha v Minister of Correctional Services and Others (48708/2007) [2008] ZAGPHC 367 (16 October 2008)

Court

High Courts - Gauteng

Case number

48708/2007

Judge

Mavundla

The High Court dismissed an urgent review of a parole date, holding that parole is a privilege and the applicant had no right to immediate release.

• Promotion Of Administrative Justice Act
• Parole Review
• Urgent Application
• Judicial Deference
• Remedies Under Paja
• Parole-review