South Africa Case Law

Phambili Services (Pty) Ltd v National Treasure of Republic of South Africa and Others (088485/2023)

Phambili Services (Pty) Ltd v National Treasure of Republic of South Africa and Others (088485/2023) [2025] ZAGPJHC 117 (14 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

088485/2023

Judge

Mudau

The High Court dismissed Phambili Services’ review of a National Treasury tender decision for non-compliance with mandatory bid conditions and failure to file the record.

• Promotion Of Administrative Justice Act
• Public Procurement
• Tender Irregularity
• Mandatory Bid Conditions
• Collusive Bidding
• Public-procurement

Silver Lake Trading 305 (Pty) Ltd t/a Opulentia Financial Services v Bloemwater (now Vaal Central Water) and Another (4689/2023)

Silver Lake Trading 305 (Pty) Ltd t/a Opulentia Financial Services v Bloemwater (now Vaal Central Water) and Another (4689/2023) [2024] ZAFSHC 79 (20 March 2024)

Court

Free State High Court, Bloemfontein

Case number

4689/2023

Judges

P E Molitsoane, S Naidoo

The first respondent impermissibly recalculated the second respondent's bid and allowed it to accept a reduced amount without authority reserved in the tender data. There was no arithmetical error justifying such correction, and the process unfairly advantaged the second respondent. The tender process was not conducted in accordance with the principles of fairness and transparency required by the Constitution and PAJA. The applicant failed to establish exceptional circumstances for substitution; remittal is the appropriate remedy to ensure fairness and allow the first respondent to reconsider…

Source excerpt

• Public Procurement
• Promotion Of Administrative Justice Act
• Tender Irregularity
• Preferential Procurement
• Remittal Of Administrative Decision

Ithala SOC Limited v Tech Mahindra South Africa (Pty) Ltd and Others (7434/2022)

Ithala SOC Limited v Tech Mahindra South Africa (Pty) Ltd and Others (7434/2022) [2023] ZAGPJHC 1215 (24 October 2023)

Court

South Gauteng High Court, Johannesburg

Case number

7434/2022

Judge

Twala

The court held that the plaintiff, as a state-owned entity, cannot ignore the administrative decision that resulted in the service agreement and seek to set aside the contract on public law grounds without first reviewing and setting aside the administrative decision. The principle established in Oudekraal and Kirland is that an unlawful administrative act exists in fact and has legal consequences until set aside by a court. Allowing the plaintiff to determine the legality of the contract without judicial review would amount to impermissible self-help. The particulars of claim do not disclose…

Source excerpt

• Exception To Pleadings
• Unlawful Administrative Act
• Tender Irregularity
• Self Help
• Review And Setting Aside

Mbali Industrial Solutions CC v Eskom Holdings Soc and Another (2021/47032)

Mbali Industrial Solutions CC v Eskom Holdings Soc and Another (2021/47032) [2023] ZAGPJHC 134 (10 February 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2021/47032

Judge

Redman

High Court review of an Eskom tender award set aside for unequal treatment and non-compliance with mandatory tender requirements.

• Public Procurement
• Preferential Procurement Policy Framework Act
• Promotion Of Administrative Justice Act
• Tender Irregularity
• Objective Criteria
• Judicial Review

Gcwabe Consulting (Pty) Ltd v South African Police Services (46817/2015)

Gcwabe Consulting (Pty) Ltd v South African Police Services (46817/2015) [2022] ZAGPPHC 601 (10 August 2022)

Court

North Gauteng High Court, Pretoria

Case number

46817/2015

Judge

N Janse van Nieuwenhuizen

The High Court held that post-closing amendments to tender price-list conditions breached section 217 and declared the SAPS contract with Gcwabe Consulting invalid.

• Public Procurement
• Section 217 Constitution
• Tender Irregularity
• Contractual Validity
• Administrative Law Principles
• Judicial Review

Siemens (Pty) Ltd v Eskom Holdings (SOC) Ltd and Another (29841/2019)

Siemens (Pty) Ltd v Eskom Holdings (SOC) Ltd and Another (29841/2019) [2021] ZAGPJHC 128 (16 August 2021)

Court

South Gauteng High Court, Johannesburg

Case number

29841/2019

Judge

S D J Wilson

The High Court held that Eskom wrongly disqualified Siemens from a tender for Camden Power Station maintenance and declared the award to Senta Square unlawful.

• Public Procurement
• Preferential Procurement Policy Framework Act
• Promotion Of Administrative Justice Act
• Tender Irregularity
• B Bbee Prequalification
• Remedy Under Paja

Eskom Holdings Soc Limited v Econ Oil & Energy (Pty) Ltd and Others (21/3970)

Eskom Holdings Soc Limited v Econ Oil & Energy (Pty) Ltd and Others (21/3970) [2021] ZAGPJHC 70; [2021] 3 All SA 857 (GJ) (29 June 2021)

Court

South Gauteng High Court, Johannesburg

Case number

21/3970

Judge

Vally

The court found that Eskom's tender process was fundamentally irregular and unlawful, failing to comply with the constitutional and statutory requirements for public procurement. The Board's decision to award the tender to Econ Oil & Energy (Pty) Ltd and others was set aside as it was based on a process lacking fairness, transparency, and competitiveness. The evidence showed that no binding contract was concluded between Eskom and Econ, as essential terms remained unresolved and consensus was not reached. The application for review was brought within a reasonable time and the delay was condon…

Source excerpt

• Tender Irregularity
• Principle Of Legality
• Fiduciary Duties
• Contract Formation
• Self Review
• Public Procurement

Maximum Profit Recovery (Pty) Ltd v Inxubu Yethemba Local Municipality and Others (1712/2020)

Maximum Profit Recovery (Pty) Ltd v Inxubu Yethemba Local Municipality and Others (1712/2020) [2021] ZAECGHC 11 (16 February 2021)

Court

Eastern Cape High Court, Grahamstown

Case number

1712/2020

Judge

G H Bloem

High Court review of a municipal VAT-recovery tender. The court set aside the tender for irrational criteria, unfair scoring, and noncompliance with procurement rules.

• Tender Irregularity
• Promotion Of Administrative Justice Act
• Municipal Procurement
• Preferential Procurement Policy Framework Act
• Unreasonable Restriction
• Procedural Fairness

Q Tique 27 (Pty) Ltd v City of Tshwane Metropolitan Municipality and Others (81425/19)

Q Tique 27 (Pty) Ltd v City of Tshwane Metropolitan Municipality and Others (81425/19) [2020] ZAGPPHC 812 (24 June 2020)

Court

North Gauteng High Court, Pretoria

Case number

81425/19

Judge

L Windell

The High Court reviewed and set aside a Tshwane fuel tender award, finding the price evaluation irrational and procedurally unfair, while dismissing the PAJA timing point.

• Promotion Of Administrative Justice Act
• Public Procurement
• Tender Irregularity
• Condonation For Late Review
• Procedural Fairness
• Irrationality

KET Civils CC and Others v MEC: Department of Roads and Public Works, Northern Cape Province and Others (2124/2018)

KET Civils CC and Others v MEC: Department of Roads and Public Works, Northern Cape Province and Others (2124/2018) [2020] ZANCHC 18 (26 March 2020)

Court

Northern Cape High Court, Kimberley

Case number

2124/2018

Judges

Mamosebo, Chwaro

High Court review of a Northern Cape road tender award. The court held the procurement process was unfair and irregular, set aside the award to Down Touch, and ordered a fresh tender.

• Public Procurement
• Preferential Procurement Policy Framework Act
• Promotion Of Administrative Justice Act
• Tender Irregularity
• Judicial Review
• Costs Punitive Scale