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South Africa decisions
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Age in Action North West v MEC for Social Development North West and Another (UM181/2022) [2023] ZANWHC 244 (9 November 2023)
The High Court dismissed Age in Action North West’s leave to appeal, finding no reasonable prospect of success and ordering costs against the applicant.
Makaba Khumalo and Associates CC v Acting Director General Department of Water Affairs and Another (A36/2022) [2023] ZAGPPHC 576 (17 July 2023)
High Court appeal in a tender dispute held the state’s review was delayed and unsupported, found no proven conflict of interest or material irregularity, and ordered implementation of the award.
Age in Action: North West v MEC for Social Development, North West and Another (UM181/2022) [2023] ZANWHC 44 (8 May 2023)
The High Court dismissed a PAJA review of a refusal to fund an NGO serving older persons, finding tax non-compliance, SLA breaches, and no basis to substitute its decision.
Maximum Profit Recovery (Pty) Ltd v Bela-Bela Local Municipality and Others (8965/2022) [2023] ZALMPPHC 41 (11 April 2023)
The court found that the tender process was unlawful on three main grounds: (1) the tenders were not opened in public, violating mandatory requirements and undermining transparency as required by Section 217 of the Constitution and PAJA; (2) the functionality criterion requiring a chartered accountant was irrational and irrelevant to the purpose of the tender, as previously held in similar cases; and (3) there was no evidence that the Fifth Respondent was tax compliant at the time of the award, which was a compulsory requirement. The court rejected the Respondents' preliminary defences, findi…
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Makaba Khumalo and Associates CC v Acting Director General Department of Home Affairs and Another (18084/2019) [2020] ZAGPPHC 605 (21 October 2020)
High Court review of a water affairs tender appointment failed; the counter-application succeeded because the bid process was materially irregular and unlawful.
Phumelela Dlomo JV Kantera Trading v Walter Sisulu Local Municipality and Others, Iziqhamo Zethu JV Noble Money v Walter Sisulu Local Municipality and Others (3729/2018, 3730/2018) [2018] ZAECGHC 138 (28 December 2018)
The High Court granted an interim interdict stopping implementation of two municipal tender awards to Amadwala pending review, finding the procurement process unfair and non-transparent.
Civil and General Contractors CC v Chris Hani District Municipality and Others (CA8/2017) [2017] ZAECGHC 128 (14 December 2017)
The court held that the submission of a valid tax clearance certificate is a threshold requirement for tender responsiveness, but the municipal manager is required by both regulation and policy to verify the tax compliance status of the recommended tenderer with SARS before awarding the tender. The failure of the municipal manager to verify Urban Africa Services' tax compliance, especially in light of the consulting engineers' report raising concerns, rendered the decision unreasonable and reviewable. The court found that the municipality did not comply with its own supply chain management po…
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