South Africa Case Law

Mpuzi Business Enterprise CC v Eskom Holdings Soc Ltd and Others (19716/2024)

Mpuzi Business Enterprise CC v Eskom Holdings Soc Ltd and Others (19716/2024) [2025] ZAWCHC 79 (5 March 2025)

Court

Western Cape High Court, Cape Town

Case number

19716/2024

Judge

Slingers

The court found that the award of 200 points to bidder 44 was procedurally irregular and not transparent, as the process for locating missing mandatory documents was not explained or shown to be uniformly applied. This contravened section 217(1) of the Constitution. Furthermore, the court held that the phrase 'in all respects' in the deadlock breaking mechanism must be interpreted to include functionality, price, and specific goals, as this aligns with the plain language of the tender documents, the applicable regulations, and the constitutional objectives of fair and competitive procurement.…

Source excerpt

• Public Procurement
• Tender Award Review
• Procedural Fairness
• Preferential Procurement Regulations
• Interpretation Of Tender Documents

Kuzobalula v Ingquza Local Municipality and Another (4797/2023)

Kuzobalula v Ingquza Local Municipality and Another (4797/2023) [2024] ZAECMHC 16 (28 March 2024)

Court

Eastern Cape High Court, Mthatha

Case number

4797/2023

Judge

Majiki

The court found that the municipality's decision to withdraw the tender was not rationally connected to the reasons advanced, as the five-year financial statement requirement was not prohibited by current regulations and the municipality relied on repealed provisions. The municipality failed to provide objective criteria for not awarding the tender to the applicant, who was the preferred bidder and had scored the highest points. The process was procedurally unfair, as bidders were not afforded an opportunity to be heard prior to withdrawal, and the municipality was not transparent about its d…

Source excerpt

• Promotion Of Administrative Justice Act
• Preferential Procurement Policy Framework Act
• Municipal Supply Chain Management
• Tender Award Review
• Substitution Order
• Procedural Fairness

Zen JV v Department of Transport: Province of the Eastern Cape and Others (4495/2023)

Zen JV v Department of Transport: Province of the Eastern Cape and Others (4495/2023) [2023] ZAECMKHC 140 (28 December 2023)

Court

Eastern Cape High Court, Makhanda

Case number

4495/2023

Judge

Govindjee

The court found that Zen JV had established urgency, as the risk of the Department proceeding with the tender award and contract formalisation would render any subsequent review ineffective. The applicant demonstrated a prima facie right to relief, as the Department's stated reason for disqualifying its bid was not supported by the evidence, which showed that its Construction Health and Safety Officer met the experience requirement. The court held that irreparable harm would result if interim relief was not granted, as the works could be completed before the review is heard, leaving Zen JV wi…

Source excerpt

• Interim Interdict
• Public Procurement
• Just Administrative Action
• Urgency In Motion Proceedings
• Tender Award Review

Document Warehouse (Pty) Ltd v South African Social Security Agency and Others (2023-088251)

Document Warehouse (Pty) Ltd v South African Social Security Agency and Others (2023-088251) [2023] ZAGPPHC 1857 (2 November 2023)

Court

North Gauteng High Court, Pretoria

Case number

2023-088251

Judge

S. Potterill

The applicant demonstrated a prima facie right to relief based on arguable grounds for review, particularly Metrofile's non-compliance with special tender conditions in several provinces. The court found that the applicant would suffer irreparable harm if the interim interdict was not granted, as partial implementation of the tender would result in costly and prejudicial relocation of files, affecting both parties and SASSA beneficiaries. The balance of convenience favoured the applicant, as no implementation had occurred and the respondents' only inconvenience would be awaiting the review ou…

Source excerpt

• Interim Interdict
• Public Procurement
• Tender Award Review
• Prima Facie Right
• Irreparable Harm
• Balance Of Convenience

Kir Projects v Actophambili Roads and Others (5857/2022)

Kir Projects v Actophambili Roads and Others (5857/2022) [2023] ZAFSHC 409 (26 October 2023)

Court

Free State High Court, Bloemfontein

Case number

5857/2022

Judges

D. P. Mthimunye, P. J. Loubser

The court found that the applicant failed to prosecute the review application with the required urgency, resulting in an unreasonable delay as contemplated by section 7(1) of PAJA. The delay exceeded the statutory 180-day period, and the applicant did not provide sufficient justification for condonation or demonstrate that the interests of justice required the court to entertain the matter. Furthermore, the contracts in question had already been fully executed and payments made, rendering the application moot and without practical effect. The court concluded that it lacked authority to adjudi…

Source excerpt

• Promotion Of Administrative Justice Act
• Judicial Review Delay
• Mootness
• Tender Award Review

Roadmac Surfacing (PTY) Ltd v MEC for the Department of Police, Roads & Transport, Free State Province & Another (171/2022)

Roadmac Surfacing (PTY) Ltd v MEC for the Department of Police, Roads & Transport, Free State Province & Another (171/2022) [2022] ZAFSHC 101 (2 June 2022)

Court

Free State High Court, Bloemfontein

Case number

171/2022

Judge

JP Daffue

The High Court granted an interim interdict stopping work on a road tender pending review, finding the applicant showed a prima facie right and likely irreparable harm.

• Public Procurement
• Interim Interdict
• Preferential Procurement Policy Framework Act
• Tender Award Review
• Constitutional Fairness
• Promotion Of Administrative Justice Act

Oranje Watersport CC v Dawid Kruiper Local Municipality and Others (397/2019)

Oranje Watersport CC v Dawid Kruiper Local Municipality and Others (397/2019) [2020] ZASCA 75 (30 June 2020)

Court

Supreme Court of Appeal

Case number

397/2019

Judges

Ponnan, Mocumie, Mbatha, Koen, Gorven

The Supreme Court of Appeal set aside a municipal tender award for land, finding the bidder’s bank letter was not a valid guarantee and the MFMA process was not followed.

• Municipal Finance Management Act
• Tender Award Review
• Alienation Of Municipal Property
• Public Procurement Compliance
• Municipal-procurement
• Municipal-finance-management-act

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)

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)

Court

Eastern Cape High Court, Grahamstown

Case number

3729/2018, 3730/2018

Judge

M Roberson

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.

• Public Procurement
• Interim Interdict
• Tender Award Review
• Tax Compliance
• Municipal Finance Management
• Constitutional Fairness

Civil and General Contractors CC v Chris Hani District Municipality and Others (CA8/2017)

Civil and General Contractors CC v Chris Hani District Municipality and Others (CA8/2017) [2017] ZAECGHC 128 (14 December 2017)

Court

Eastern Cape High Court, Grahamstown

Case number

CA 8/2017

Judges

T Malusi, G H Bloem, M Kahla

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…

Source excerpt

• Municipal Procurement
• Preferential Procurement Policy
• Tax Compliance
• Tender Award Review
• Supply Chain Management
• Interpretation Of Statutes

Kwafel CC v Kwa Dukuza Municipality and Others (9959/2016)

Kwafel CC v Kwa Dukuza Municipality and Others (9959/2016) [2017] ZAKZDHC 1 (5 January 2017)

Court

Kwazulu-Natal High Court, Durban

Case number

9959/2016

Judge

D Pillay

High Court dismissed an urgent bid challenge over municipal grass-cutting tenders, finding the applicant’s waste management plan non-compliant and the application procedurally defective.

• Tender Award Review
• Waste Management Plan Requirement
• Locus Standi
• Rule 53 Procedure
• Costs Order
• Paaja Compliance