South Africa Case Law

WDR Earthmoving Enterprises CC and Another v Joe Gqabi District Municipality and Others (CA298/2016)

WDR Earthmoving Enterprises CC and Another v Joe Gqabi District Municipality and Others (CA298/2016) [2017] ZAECGHC 45 (13 March 2017)

Court

Eastern Cape High Court, Grahamstown

Case number

CA298/2016

Judges

C Plasket, E Revelas, SM Mbenenge

The Municipality was legally required by the Municipal Supply Chain Management Regulations to demand audited annual financial statements for the past three years from bidders for tenders exceeding R10 million. The joint venture failed to comply with this requirement, as Cotterrell’s Construction CC did not submit audited statements for the full period. The tender documents and conditions empowered the Municipality to treat such a bid as non-responsive and to exclude it from consideration. The court found no reviewable irregularity in the exclusion of the joint venture's bid. Furthermore, once…

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• Public Procurement
• Tender Responsiveness
• Municipal Supply Chain Management
• Judicial Review
• Standing To Review
• Bid Disqualification

Ombud for Financial Services Providers v Harms NO and Others (46293/15)

Ombud for Financial Services Providers v Harms NO and Others (46293/15) [2017] ZAGPPHC 812 (22 February 2017)

Court

North Gauteng High Court, Pretoria

Case number

46293/15

Judge

N B Tuchten

The High Court held that the Ombud for Financial Services Providers lacked standing to review an appeal panel decision overturning her own determination.

• Ombud Jurisdiction
• Financial Services Regulation
• Procedural Fairness
• Standing To Review
• Appeal Board Procedure
• Standing-to-review

Secureco (Pty) Ltd v Ethekwini Municipality and Others (1100/2015)

Secureco (Pty) Ltd v Ethekwini Municipality and Others (1100/2015) [2016] ZAKZDHC 14 (1 April 2016)

Court

Kwazulu-Natal High Court, Durban

Case number

1100/2015

Judge

Lopes

The court found that the tender process S.4028 had lapsed prior to its award, as the Municipality failed to continuously and validly extend the tender validity period. The subsequent award of the tender was therefore unlawful. Secureco was held to have standing to challenge the award, given its participation in the original tender process, the lack of notification by the Municipality, and the public interest in ensuring lawful procurement processes. The Municipality's opposition to Secureco's standing was rejected, and the court emphasized the importance of accountability and responsiveness i…

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• Tender Lawfulness
• Standing To Review
• Municipal Procurement
• Preferential Procurement Regulations

African Exploration Mining and Finance Corporation (Pty) Ltd and Another v Minister of Mineral Resources and Others (20058/2014)

African Exploration Mining and Finance Corporation (Pty) Ltd and Another v Minister of Mineral Resources and Others (20058/2014) [2015] ZASCA 77 (27 May 2015)

Court

Supreme Court of Appeal

Case number

20058/2014

Judges

Lewis, Willis, Saldulker, Meyer, Gorven

The court held that Tavistock validly held and converted its old order mining right, so AFEX could not challenge the conversion or obtain a competing prospecting right.

• Mineral And Petroleum Resources Development Act
• Old Order Mining Rights
• Conversion Of Mining Rights
• Standing To Review
• Exhaustion Of Internal Remedies
• Mineral-and-petroleum-resources-development-act

JDJ Properties CC and Another v Umngeni Local Municipality and Another (873/11)

JDJ Properties CC and Another v Umngeni Local Municipality and Another (873/11) [2012] ZASCA 186; [2013] 1 All SA 306 (SCA); 2013 (2) SA 395 (SCA) (29 November 2012)

Court

Supreme Court of Appeal

Case number

873/11

Judges

Lewis, Heher, Theron, Pillay, Plasket

The Supreme Court of Appeal held that the municipality's decision to approve the building plans and relax the side space requirement constituted administrative action under PAJA, as it had the capacity to affect the rights of neighbouring landowners and lessees. The appellants, as immediate neighbours and lessees within the same use zone, had sufficient interest and standing to challenge the decision. The court found that no internal remedy was available to the appellants, as the statutory appeals under the Local Government: Municipal Systems Act and the National Building Regulations and Buil…

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• Promotion Of Administrative Justice Act
• Standing To Review
• Exhaustion Of Internal Remedies
• Building Regulations
• Town Planning Scheme
• Judicial Review