South Africa Case Law

Bayethe Projects CC v Nelson Mandela Bay Municipality and Others (C.A.&R: 94/2021)

Bayethe Projects CC v Nelson Mandela Bay Municipality and Others (C.A.&R: 94/2021) [2022] ZAECGHC 36; 2022 (6) SA 196 (ECMk) (10 February 2022)

Court

Eastern Cape High Court, Grahamstown

Case number

C.A.&R: 94/2021

Judges

D Van Zyl, M J Lowe

The appeal was dismissed because it had no practical effect or result, as the contract period for the tenders had expired before the hearing. The court found no exceptional circumstances to justify a departure from the usual costs order. Bayethe, as the unsuccessful party, was ordered to pay the costs of the appeal. The court held that the court a quo did address the relief sought in respect of Area 2, and Bayethe's grounds of appeal on this point were unfounded. The principles governing costs in moot appeals were applied, and the court found that Bayethe could have avoided the costs by disco…

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• Judicial Review
• Tender Awards
• Costs Orders
• Practical Effect Requirement
• Municipal Procurement

Kwafel CC v KwaDukuza Municipality and Others (AR691/2017)

Kwafel CC v KwaDukuza Municipality and Others (AR691/2017) [2020] ZAKZDHC 48 (16 October 2020)

Court

Kwazulu-Natal High Court, Durban

Case number

AR691/2017

Judges

Masipa, Balton, Hadebe

The court found that the appeal was moot as the contracts had already been concluded and the services rendered, and no practical effect would result from adjudicating the merits. The interests of justice did not require the court to set aside the judgment of the court a quo or to create precedent, as the issue of non-responsive tenders had already been addressed in other judgments. Regarding costs, the court held that interference with the punitive costs order was not justified, as there was no material misdirection or application of wrong principles by the court a quo. The appellant failed t…

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• Tender Awards
• Locus Standi
• Mootness
• Punitive Costs
• Interim Interdict
• Promotion Of Administrative Justice Act

Khuduyane Quigley (Pty) Ltd v Ekurhuleni Metropolitan Municipality (14228/2017)

Khuduyane Quigley (Pty) Ltd v Ekurhuleni Metropolitan Municipality (14228/2017) [2020] ZAGPJHC 424 (15 September 2020)

Court

South Gauteng High Court, Johannesburg

Case number

14228/2017

Judge

Keightley

The High Court rescinded a default judgment because the underlying review and damages relief was granted without evidence, and dismissed late-filing condonation.

• Default Judgment
• Judicial Review
• Promotion Of Administrative Justice Act
• Condonation
• Tender Awards
• Damages Claim

Maby Clothing (Pty) Ltd v Department of Health, Free State Provincial Government (5260/2009)

Maby Clothing (Pty) Ltd v Department of Health, Free State Provincial Government (5260/2009) [2016] ZAFSHC 94 (8 April 2016)

Court

Free State High Court, Bloemfontein

Case number

5260/2009

Judge

Motloung, AJ

The High Court dismissed a claim for damages arising from alleged repudiation of a uniforms supply arrangement, finding no proved repudiation or authority.

• Repudiation Of Contract
• Authority Of Agents
• Estoppel
• Tender Awards
• Oral Agreements
• Repudiation-of-contract

Stefanutti Stocks Cycad Pipelines Joint Venture v Rand Water Board and Others, Stefanutti Stocks (Pty) Ltd v Rand Water Board and Others, Stefanutti Stocks (Pty) Ltd v Rand Water Board and Others (17413/2013 , 17414/2013, 17415/2013)

Stefanutti Stocks Cycad Pipelines Joint Venture v Rand Water Board and Others, Stefanutti Stocks (Pty) Ltd v Rand Water Board and Others, Stefanutti Stocks (Pty) Ltd v Rand Water Board and Others (17413/2013 , 17414/2013, 17415/2013) [2013] ZAGPJHC 171 (7 June 2013)

Court

South Gauteng High Court, Johannesburg

Case number

17413/2013 , 17414/2013, 17415/2013

Judge

Weiner

The court found that the joint venture had locus standi as it met the requirements of a partnership for a specific purpose. The applicants, having submitted tenders and being affected by the outcome, have standing to challenge the tender awards. Even if standing is questionable, the public interest in proper expenditure of public funds and the nature of the infrastructure project justify hearing the matter. The urgency was accepted due to the imminent commencement of contract execution and the applicants' prompt action upon receiving official confirmation of tender awards. The merits of compl…

Source excerpt

• Promotion Of Administrative Justice Act
• Locus Standi
• Public Interest Review
• Tender Awards
• Urgency In Interdicts

Command Protection Services Gauteng (Pty) Ltd t/a Maxi Security v South African Post Office Limited (16945/2004)

Command Protection Services Gauteng (Pty) Ltd t/a Maxi Security v South African Post Office Limited (16945/2004) [2009] ZAGPPHC 134 (30 October 2009)

Court

North Gauteng High Court, Pretoria

Case number

16945/2004

Judge

N M Poswa

The High Court held the tender award was subject to unfulfilled conditions and was void. The plaintiff’s damages claim for breach of contract failed.

• Contractual Interpretation
• Suspensive Conditions
• Tender Awards
• Repudiation
• Damages For Breach
• Black Economic Empowerment