South Africa Case Law

Ngaraga Properties (Pty) Ltd v MEC for Education, Limpopo Province and Others (11183/2024)

Ngaraga Properties (Pty) Ltd v MEC for Education, Limpopo Province and Others (11183/2024) [2025] ZALMPPHC 138 (23 July 2025)

Court

Limpopo High Court, Polokwane

Case number

11183/2024

Judge

Mashifane

The High Court granted an interim interdict halting performance of a sanitary pads tender contract pending review, finding a prima facie procurement challenge and favourable balance of convenience.

• Interim Interdict
• Tender Review
• Preferential Procurement Policy
• Collusion In Tendering
• Section 217 Constitution
• Bid Evaluation

Vantage Mezzanine Fund II Partnership and Another v Unemployment Insurance Fund and Others (2020/26468)

Vantage Mezzanine Fund II Partnership and Another v Unemployment Insurance Fund and Others (2020/26468) [2025] ZAGPPHC 345 (26 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

2020/26468

Judge

BAM

The High Court dismissed an application for leave to appeal against an order striking out the defence for discovery non-compliance, finding no reasonable prospects of success.

• Leave To Appeal
• Exercise Of Judicial Discretion
• Rule 35 Discovery
• Costs Award
• Section 34 Rights
• Section 217 Constitution

Member of the Executive Council of the Department of Co-Operative Governance, Human Settlements and Traditional Affairs, Free State Province v Scenic Route Trading 802 CC and the 105 Further Respondents Listed in Annexure 1 of the Applicants Notice of Motion (A241/2016)

Member of the Executive Council of the Department of Co-Operative Governance, Human Settlements and Traditional Affairs, Free State Province v Scenic Route Trading 802 CC and the 105 Further Respondents Listed in Annexure 1 of the Applicants Notice of Motion (A241/2016) [2025] ZAFSHC 15 (24 January 2025)

Court

Free State High Court, Bloemfontein

Case number

A241/2016

Judges

Molitsoane, Majosi

The High Court declared unlawful and set aside Free State Human Settlements agreements and payments to Cembrick, despite a 14-year delay in launching review proceedings.

• Public Procurement
• Legality Review
• Unjust Enrichment
• Delay In Review
• Section 217 Constitution
• Material Supply Agreements

South African Tourism Board v Swift Thinking (Pty) Ltd and Another (64333/21 ; 64334/21)

South African Tourism Board v Swift Thinking (Pty) Ltd and Another (64333/21 ; 64334/21) [2024] ZAGPPHC 1311 (6 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

64333/21 ; 64334/21

Judge

Khashane La M Manamela

The High Court set aside SA Tourism’s appointments of Swift and Letsema as unlawful procurement decisions, but limited repayment to profits and reasonable costs.

• Public Procurement
• Legality Review
• Section 217 Constitution
• Just And Equitable Remedy
• Unlawful Contract
• Delay In Review

Modimolle-Mookgopong Local Municipality v CXMI (Pty) Ltd and Another (70315/2018)

Modimolle-Mookgopong Local Municipality v CXMI (Pty) Ltd and Another (70315/2018) [2024] ZAGPPHC 1035 (7 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

70315/2018

Judge

Mkhabela AJ

The court found that the relief sought in the present application is essentially identical to that sought in the previously dismissed review application before Mali J, involving the same parties and the same issue—the validity of the MSLA. The requirements for res judicata are met, and there is no equitable or fairness-based reason to relax the doctrine in this case. The applicant was aware of the previous order and failed to take steps to rescind it. Consequently, the court is functus officio and cannot adjudicate the matter anew. The alternative relief to set aside the arbitration award was…

Source excerpt

• Municipal Procurement
• Declaratory Relief
• Res Judicata
• Promotion Of Administrative Justice Act
• Section 217 Constitution

Maano Chemicals (Pty) Ltd v Rand Water SOC Ltd (2024/058854)

Maano Chemicals (Pty) Ltd v Rand Water SOC Ltd (2024/058854) [2024] ZAGPJHC 842 (6 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/058854

Judge

Goedhart

The High Court dismissed an urgent bid to interdict a Rand Water tender award, finding no fatal non-joinder, but no clear case for interim relief against statutory procurement powers.

• Interim Interdict
• Non Joinder
• Urgent Application
• Preferential Procurement Policy Framework Act
• Separation Of Powers
• Section 217 Constitution

Kokobetso Group (Pty) Ltd v Minister of Defence and Military Veterans and Another (2024-073127)

Kokobetso Group (Pty) Ltd v Minister of Defence and Military Veterans and Another (2024-073127) [2024] ZAGPPHC 745 (31 July 2024)

Court

North Gauteng High Court, Pretoria

Case number

2024-073127

Judge

K Strydom

The court found that the applicant failed to satisfy the requirements for interim relief. While urgency was established due to the risk that continued implementation of the tender could render the review academic, the nature of the tender—daily cleaning services—meant that there was no risk of irreparable harm or practical impossibility in setting aside the award at a later stage. The applicant's apprehension of harm was not well-grounded, as cleaning services are ongoing and divisible, and the status quo could be restored. The balance of convenience favoured the respondents, as halting clean…

Source excerpt

• Public Procurement
• Interim Interdict
• Section 217 Constitution
• Urgency
• Balance Of Convenience

Boinko Trading and Investment (Pty) Ltd v Northern Cape Agricultural High School and Others (CA&R 24/2023; 319/2023)

Boinko Trading and Investment (Pty) Ltd v Northern Cape Agricultural High School and Others (CA&R 24/2023; 319/2023) [2024] ZANCHC 64 (5 July 2024)

Court

Northern Cape High Court, Kimberley

Case number

CA&R 24/2023; 319/2023

Judges

Mamosebo, Stanton

Review of a school tender award dismissed. The court found flaws in the award process but let it stand because the project was completed and time had passed.

• Promotion Of Administrative Justice Act
• Government Tender Award
• Preferential Procurement Policy Framework Act
• Section 217 Constitution
• Points System Evaluation
• Judicial Discretion In Review

Solidarity v Minister of Human Settlements Water and Sanitation (32021/2021)

Solidarity v Minister of Human Settlements Water and Sanitation (32021/2021) [2024] ZAGPPHC 1373; (2024) 45 ILJ 2828 (GP) (31 May 2024)

Court

North Gauteng High Court, Pretoria

Case number

32021/2021

Judge

Swanepoel

The High Court held that the appointment of Cuban engineers to a government department was unlawful because procurement or public service appointment rules were not followed.

• Public Service Appointments
• Procurement Processes
• Section 217 Constitution
• Preferential Procurement Policy Framework Act
• Doctrine Of Legality
• Administrative-law

Fidelity Security Services (Pty) Ltd v Airports Company South Africa SOC Ltd and Others (2024/028669)

Fidelity Security Services (Pty) Ltd v Airports Company South Africa SOC Ltd and Others (2024/028669) [2024] ZAGPJHC 561 (30 May 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/028669

Judge

S Van Nieuwenhuizen

The court found that the emergency tender issued by ACSA constituted administrative action subject to review under PAJA. The procurement process did not meet the legal requirements for an emergency situation, as security services could be sourced from the existing panel and no immediate risk justified bypassing a competitive process. The preference point system in the RFB was unlawful, relying on repealed regulations and lacking a valid Preferential Procurement Policy as required by the PPPFA and its 2022 regulations. The tender document was vague, contradictory, and failed to stipulate speci…

Source excerpt

• Promotion Of Administrative Justice Act
• Preferential Procurement Policy Framework Act
• Emergency Procurement
• Interim Interdict
• Public Tender Review
• Section 217 Constitution