South Africa Case Law

Maximum Profit Recovery (Pty) Ltd v Rustenburg Local Municipality and Others (UM81/2022)

Maximum Profit Recovery (Pty) Ltd v Rustenburg Local Municipality and Others (UM81/2022) [2023] ZANWHC 91 (22 June 2023)

Court

North West High Court, Mafikeng

Case number

UM81/2022

Judge

FMM Reid (was Snyman)

The High Court held that the applicant had to exhaust internal remedies under PAJA and section 62 of the Municipal Systems Act before seeking review of a municipal tender award.

• Promotion Of Administrative Justice Act
• Municipal Tender Review
• Exhaustion Of Internal Remedies
• Section 62 Municipal Systems Act
• Costs Order
• Administrative-law

Robcon Civils/ Sinawamandla 2 Joint Venture v Kouga Municipality and Another (2106/09)

Robcon Civils/ Sinawamandla 2 Joint Venture v Kouga Municipality and Another (2106/09) [2010] ZAECPEHC 8; 2010 (3) SA 241 (ECP) (4 March 2010)

Court

Eastern Cape High Court, Port Elizabeth

Case number

2106/09

Judge

Eksteen

The court found that the first respondent's conduct in the procurement process was neither fair, equitable, nor transparent, as required by section 217 of the Constitution. The first respondent failed to provide the applicant with the requested documentation and information necessary to lodge an appeal, despite knowing of the applicant's intention to appeal. The repeated requests for extension of the tender validity period and ambiguous correspondence from Aurecon led the applicant to reasonably believe that the award was being reconsidered. The first respondent's response, referring the appl…

Source excerpt

• Municipal Tender Award
• Section 217 Constitution
• Section 62 Municipal Systems Act
• Costs Award
• Promotion Of Access To Information Act
• Attorney And Client Costs

Loghdey v Advanced Parking Solutions CC and Others (20766/2008)

Loghdey v Advanced Parking Solutions CC and Others (20766/2008) [2009] ZAWCHC 15; 2009 (5) SA 595 (C) (25 February 2009)

Court

Western Cape High Court, Cape Town

Case number

20766/2008

Judge

Le Grange

The court found that the award of the tender and the subsequent signing of the contract between the applicant and the City conferred legal rights on the applicant. These rights were not made conditional or subject to any appeal in the notification or contract. Section 62(3) of the Municipal Systems Act prohibits the appeal authority from varying or revoking decisions that have conferred accrued rights. The City did not comply with its own Supply Chain Management Policy regarding notification of appeal rights, but this did not affect the validity of the contract unless set aside by a court. Th…

Source excerpt

• Municipal Tender Award
• Accrued Rights
• Internal Appeal
• Section 62 Municipal Systems Act
• Urgency Requirements
• Contract Enforceability