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South Africa decisions
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Gert Sibande District Municipality v Bonginkosi Technologies (Pty) Ltd (5459/2022) [2025] ZAMPMHC 37 (4 August 2025)
The High Court granted leave to appeal to the Full Court after finding the applicant had shown reasonable prospects of a different outcome.
Independent Development Trust v Moepathutse Property Investments (Pty) Ltd (Application for Leave to Appeal) (2024/031868) [2025] ZAGPPHC 711 (11 July 2025)
The High Court refused IDT leave to appeal, holding that the applicants showed no reasonable prospects of success and that late affidavits were not properly before court.
City of Tshwane Municipality Municipality v Moipane Fleet (Pty) Ltd and Another (27752/2017) [2025] ZAGPPHC 543 (23 May 2025)
The High Court refused leave to appeal in a review matter, holding that the municipality’s delay was unreasonable, inadequately explained, and caused prejudice.
Forensic Investigation Risk and Recovery Management (Pty) Ltd v Unemployment Insurance Fund and Others (2024-088430) [2024] ZAGPPHC 819 (20 August 2024)
The High Court granted an interim interdict stopping implementation of a UIF tender, finding the applicant showed a prima facie right, irreparable harm, and no adequate remedy.
Mabotwane Security Services and Others v City Of Ekhurhuleni Metropolitan Municipality and Others (2023/071950) [2024] ZAGPJHC 488 (14 May 2024)
The court held that applicants were entitled to the tender-review record under Rule 53(1)(b), and unsupported confidentiality claims did not justify restricting access.
Instrument Transformer Technologies (Pty) Ltd v Eskom Holdings Soc Limited and Others (2020/18623) [2024] ZAGPJHC 444 (9 May 2024)
Leave to appeal was refused after the court found the tender-review dispute moot because the underlying contracts were about to expire, leaving no prospect of success.
TMT Services & Supplies (Pty) Ltd v City of Johannesburg Metropolitan Municipality and Another (1365/23) [2024] ZAWCHC 93 (27 March 2024)
The court held that the applicant's complaint regarding the lack of traffic infringement statistics did not constitute procedural unfairness sufficient to set aside the tender process. The applicant had the opportunity to challenge the tender specifications or compel disclosure of the information before submitting its bid but chose to participate and only raised the issue after losing. The court found that fairness in procurement applies to both the state and bidders; allowing a bidder to reserve a challenge undermines the integrity and efficiency of the process. The applicant's bid was corre…
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Buhle Waste (Pty) Limited v MEC of Health Gauteng Province and Others (2023-102560) [2024] ZAGPJHC 206 (1 March 2024)
The court granted leave to appeal against a tender review order, but refused execution pending appeal for lack of exceptional circumstances and irreparable harm.
Raubex Construction (Pty) Ltd v Passenger Rail Agency of South Africa (Soc) and Another (117558-2023) [2024] ZAGPJHC 194 (27 February 2024)
The High Court struck an application off the urgent roll for lack of urgency, finding the applicant failed to properly plead urgency under Rule 6(12)(b).
Balwin Properties Ltd v Axton Matrix Construction (Pty) Ltd and Another (21/56565) [2024] ZAGPJHC 154 (19 February 2024)
The court held that Balwin Properties Ltd has both own-interest and public-interest standing to intervene in the review application. Its substantial investments, the dependency of its developments on the K60 upgrade, and the broader economic and social impact of delays establish a direct and substantial interest beyond mere financial concerns. The court found that the interests of justice and the public interest in the integrity of state tender processes warrant Balwin's intervention, both to seek mandatory relief and to oppose the relief sought by the Joint Venture parties. The court granted…
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