South Africa Case Law

Independent Development Trust (IDT) and Others v Moepathutse Property Investments (Pty) Ltd (2024/031868)

Independent Development Trust (IDT) and Others v Moepathutse Property Investments (Pty) Ltd (2024/031868) [2025] ZAGPPHC 499 (16 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024/031868

Judge

SJ Myburgh

The High Court dismissed IDT’s legality review of a Pretoria office lease tender, finding no breach of procurement rules or the SCM policy.

• Legality Review
• Public Procurement
• Preferential Procurement Policy Framework Act
• Supply Chain Management
• Conflict Of Interest
• Constitutional Procurement Principles

Inxuba Yethemba Municipality v Msweli and Others (PR198/21)

Inxuba Yethemba Municipality v Msweli and Others (PR198/21) [2025] ZALCPE 6; [2025] 7 BLLR 710 (LC); (2025) 46 ILJ 1725 (LC) (7 April 2025)

Court

Labour Court Port Elizabeth

Case number

PR198/21

Judge

Kroon, AJ

The Labour Court found that the arbitrator failed to properly evaluate the gravity of the municipal manager's misconduct, which included the unlawful appointment of a service provider without following supply chain management procedures and the approval of a variation order in excess of financial delegations. The arbitrator incorrectly minimized the seriousness of the misconduct, disregarded the statutory and fiduciary duties of the municipal manager, and failed to appreciate the element of dishonesty and the destruction of the trust relationship. The municipal manager's conduct was accompani…

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• Financial Misconduct
• Municipal Manager Dismissal
• Supply Chain Management
• Regulation 36 Deviation
• Irregular Expenditure
• Disciplinary Procedure

Raubex Building (Pty) Ltd v Bitou Municipality and Another (13787/2024)

Raubex Building (Pty) Ltd v Bitou Municipality and Another (13787/2024) [2024] ZAWCHC 378; [2025] 1 All SA 472 (WCC) (19 November 2024)

Court

Western Cape High Court, Cape Town

Case number

13787/2024

Judge

A Bhoopchand

The applicant failed to establish a prima facie right to the interim interdict, as its bid did not comply with the tender specifications regarding height and number of floors, rendering it non-responsive. The harm alleged was speculative and one-sided, focusing on potential costs to the Municipality and taxpayer, while ignoring the prejudice to the community and the constitutional imperative to provide affordable housing. The balance of convenience weighed against the applicant, as granting the interdict would delay a flagship housing project and frustrate public interest. The applicant provi…

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• Public Tender Award
• Interim Interdict
• Promotion Of Administrative Justice Act
• Municipal Systems Act
• Supply Chain Management
• Costs Order

Special Investigating Unit v Kwane Capital (Pty) Limited and Others (CA106/2023)

Special Investigating Unit v Kwane Capital (Pty) Limited and Others (CA106/2023) [2024] ZAECMKHC 118 (22 October 2024)

Court

Eastern Cape High Court, Makhanda

Case number

CA106/2023

Judges

J W Eksteen, P H S Zilwa, D O Potgieter

The court found that the Hire Purchase Agreement was unlawful and void ab initio, as it was concluded without compliance with the MFMA's budgetary requirements, the municipality's SCM policy, and s 217 of the Constitution. There was no competitive bidding process, no proper budgetary provision, and no lawful deviation under either regulation 32 or the sole supplier exception. The evidence did not establish that Kwane was the only supplier capable of providing the required HP facility, nor was there any market analysis or advance public notice as required by the SCM policy. The purported condo…

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• Municipal Finance Management Act
• Public Procurement
• Constitutional Invalidity
• Supply Chain Management
• Sole Supplier Deviation
• Just And Equitable Remedy

South Africa Post Office SOC Limited v Koninklijke and Another (33460/2020)

South Africa Post Office SOC Limited v Koninklijke and Another (33460/2020) [2024] ZAGPPHC 111 (13 February 2024)

Court

North Gauteng High Court, Pretoria

Case number

33460/2020

Judge

N V Khumalo

The High Court granted condonation, found SAPO’s procurement of 4 million folders unlawful, and set the decision aside, but preserved payment for folders delivered.

• Public Procurement
• Section 217 Constitution
• Supply Chain Management
• Void Contract
• Just And Equitable Remedy
• Public-procurement

Special Investigating Unit v Legodi and Another (LP/01/2020)

Special Investigating Unit v Legodi and Another (LP/01/2020) [2023] ZAST 17 (18 December 2023)

Court

Special Tribunal

Case number

LP/01/2020

Judge

L.T. Modiba

The Tribunal found that the excipients misconstrued the nature of the SIU's claims, which are statutory and not delictual. The particulars of claim, when read as a whole, set out sufficient factual allegations to support the statutory causes of action under the PFMA and related regulations. The complaints regarding vagueness, lack of detail, and duplication were unfounded, as the claims are properly pleaded and the excipients are able to plead thereto. The existence of alternative claims does not render the main claims excipiable, and technical flaws or minor ambiguities do not justify uphold…

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• Special Investigating Units And Special Tribunals Act
• Public Finance Management Act
• Exception Procedure
• Pleading Requirements
• Supply Chain Management
• Fruitless And Wasteful Expenditure

Aqua Transport And Plant Hire (Pty) Ltd v Johannesburg Water SOC Ltd and Another (056285/2022)

Aqua Transport And Plant Hire (Pty) Ltd v Johannesburg Water SOC Ltd and Another (056285/2022) [2023] ZAGPJHC 1075 (4 April 2023)

Court

South Gauteng High Court, Johannesburg

Case number

056285/2022

Judge

Van Nieuwenhuizen, AJ

The High Court granted urgent interim relief interdicting a municipal tender process, holding the applicant had shown a prima facie case and that the order would not hinder emergency procurement.

• Interim Interdict
• Public Procurement
• Section 217 Constitution
• Supply Chain Management
• Balance Of Convenience
• Interim-interdict

Special Investigating Unit v Phomella Property Investments (Pty) Ltd and Another (1329/2021)

Special Investigating Unit v Phomella Property Investments (Pty) Ltd and Another (1329/2021) [2023] ZASCA 45; 2023 (5) SA 601 (SCA) (3 April 2023)

Court

Supreme Court of Appeal

Case number

1329/2021

Judges

Van der Merwe, Nicholls, Gorven, Matojane, Molefe

The Supreme Court of Appeal held that the high court correctly exercised its true discretion under section 172(1)(b) of the Constitution in refusing to order the respondents to pay the claimed amount. The SIU failed to demonstrate any misdirection on fact or law, or that the high court was influenced by wrong principles. The principle that innocent tenderers must return all payments under unlawful contracts is not absolute and must be applied contextually. The respondents were not complicit in any irregularity, had incurred substantial costs, and the DOJ occupied the entire building. The high…

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• Constitutional Invalidity
• Just And Equitable Remedy
• Public Procurement
• Discretion On Appeal
• Supply Chain Management

TLJ Security Services v Tswaing Local Municipality (1376/22)

TLJ Security Services v Tswaing Local Municipality (1376/22) [2023] ZANWHC 232 (18 January 2023)

Court

North West High Court, Mafikeng

Case number

1376/22

Judge

O.Y Dibetso-Bodibe

The High Court held that an oral municipal security-services agreement was invalid for non-compliance with MFMA procurement requirements and dismissed default judgment.

• Municipal Procurement
• Doctrine Of Legality
• Oral Contracts
• Supply Chain Management
• Default Judgment
• Public Tender Requirements

Siemens (Pty) Ltd v Passenger Rail Agency of South Africa (19845/2021)

Siemens (Pty) Ltd v Passenger Rail Agency of South Africa (19845/2021) [2022] ZAGPPHC 587 (15 July 2022)

Court

North Gauteng High Court, Pretoria

Case number

19845/2021

Judge

N Janse Van Nieuwenhuizen

The High Court held Siemens’ payment claim against PRASA had prescribed and, in any event, the underlying agreement was unlawful and unenforceable.

• Public Procurement
• Prescription
• Contract Validity
• Ultra Vires
• Estoppel
• Supply Chain Management