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South Africa Case Law

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Administrative Law [2024] ZAGPPHC 1168

Mantladi Technologies (Pty) Ltd v National Treasury and Others (033768/2022)

Mantladi Technologies (Pty) Ltd v National Treasury and Others (033768/2022) [2024] ZAGPPHC 1168 (11 November 2024)

The applicant failed to establish that the National Treasury's decision was irrational or based on irrelevant considerations. Mantladi was non-compliant with the tender specifications, submitting woven items instead of non-woven ones and failing to provide required samples. The products of the successful bidders were confirmed to meet the tender requirements. The applicant did not demonstrate exceptional circumstances warranting substitution or compensation under PAJA. The late amendment to the notice of motion was not justified, as no case was made for the new relief. Accordingly, the applic…

  • Public Procurement
  • Judicial Review Under Paja
  • Tender Award Challenge
  • Exceptional Circumstances For Substitution
  • Costs Award
  • Amendment Of Notice Of Motion
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Administrative Law [2008] ZAECHC 29

Manong Associates (Pty) Ltd v Eastern Cape Department of Road and Transport and Others (2/2008)

Manong Associates (Pty) Ltd v Eastern Cape Department of Road and Transport and Others (2/2008) [2008] ZAECHC 29; 2008 (6) SA 434 (EqC) (24 April 2008)

The High Court, when sitting as an equality court, retains its constitutional and inherent review jurisdiction and is not a separate tribunal. The procurement policy challenged by the applicant was found to be rationally connected to legitimate objectives, namely ensuring safety, durability, and effective use of public funds in road construction. The requirements for experience and technical expertise did not amount to indirect unfair discrimination, as previously disadvantaged groups had opportunities to gain such experience, and the applicant itself generally met the profile. Allegations of…

  • Public Procurement
  • Indirect Discrimination
  • Judicial Review
  • Equality Act
  • Constitutional Jurisdiction
  • Tender Award Challenge
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