South Africa Case Law

Murray and Roberts Cementation (Pty) Ltd v Electro Hydro World (Pty) Ltd and Others (2024-091607)

Murray and Roberts Cementation (Pty) Ltd v Electro Hydro World (Pty) Ltd and Others (2024-091607) [2024] ZALCJHB 535 (30 September 2024)

Court

Labour Court Johannesburg

Case number

2024-091607

Judge

M T M Phehane

The Court found that the termination of the applicant's contract and the appointment of the first respondent to provide grout pack pumping services at the K4 grout plant constituted a transfer of business as a going concern under section 197 of the Labour Relations Act. The factual enquiry revealed that the economic entity, including the use of premises, infrastructure, and the nature of the business, retained its identity post-transfer. The tender document's clause 20 was not a mere template but required provision for section 197 compliance. The respondent's reliance on technological differe…

Source excerpt

• Section 197 Transfer
• Business As Going Concern
• Contract Termination
• Employee Transfer
• Tender Process
• Continuity Of Employment

City of Ekurhuleni Metropolitan Municipaity v Intrax Investments 28 (Pty) Ltd and Another (006480/2023)

City of Ekurhuleni Metropolitan Municipaity v Intrax Investments 28 (Pty) Ltd and Another (006480/2023) [2024] ZAGPJHC 304 (18 March 2024)

Court

South Gauteng High Court, Johannesburg

Case number

006480/2023

Judge

MAKUME

The High Court granted an eviction order against an unlawful occupier of municipal property, rejected acquisitive prescription and refused to stay the case.

• Eviction
• Acquisitive Prescription
• Review Of Administrative Action
• Tender Process
• Unlawful Occupation
• Estoppel

Steam Development Technologies 96 Degrees Proprietary Limited v Minister: Department of Public Works & Infrastructure - Reasons for the Interim Interdict (4264/2023)

Steam Development Technologies 96 Degrees Proprietary Limited v Minister: Department of Public Works & Infrastructure - Reasons for the Interim Interdict (4264/2023) [2024] ZAECMKHC 23 (16 February 2024)

Court

Eastern Cape High Court, Makhanda

Case number

4264/2023

Judge

Govindjee

The High Court granted an interim interdict stopping two prison boiler-maintenance tenders pending related review and appeal proceedings.

• Interim Interdict
• Preferential Procurement
• Review Of Administrative Action
• Constitutional Rights
• Tender Process
• Balance Of Convenience

South African National Roads Agency SOC Limited v Archiways Syke (Pty) Ltd and Another (5302/2021P)

South African National Roads Agency SOC Limited v Archiways Syke (Pty) Ltd and Another (5302/2021P) [2022] ZAKZPHC 51 (15 September 2022)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

5302/2021P

Judge

Bezuidenhout

The court found that the respondent was aware of Camry's occupation and accepted the premises as described in the tender and lease, including Camry as a subtenant. The respondent issued invoices and received rental from Camry, demonstrating acceptance of the situation. The lease agreement, not the tender document, governs the parties' rights and obligations. The clause relied upon by the respondent was deleted from the signed lease, and the respondent is bound by the agreement it signed. The petroleum license was granted in March 2020, and rental was payable from the commencement date. The re…

Source excerpt

• Eviction
• Lease Agreement
• Third Party Proceedings
• Exceptio Non Adimpleti Contractus
• Tender Process
• Reciprocal Obligations

Tansnat Durban (Pty) Ltd v Ethekwini Municipality and Others (D4178/2020)

Tansnat Durban (Pty) Ltd v Ethekwini Municipality and Others (D4178/2020) [2020] ZAKZDHC 57 (3 November 2020)

Court

Kwazulu-Natal High Court, Durban

Case number

D4178/2020

Judge

Henriques

The High Court held that the tender addendum extended only the closing date, not the 11h00 deadline, so the late submission could not be accepted.

• Tender Process
• Computation Of Time
• Declaratory Relief
• Municipal Procurement
• Estoppel
• Municipal-procurement

Khuduga N.O and Others v The Free State Development Corporation and Others (A214/2017)

Khuduga N.O and Others v The Free State Development Corporation and Others (A214/2017) [2018] ZAFSHC 18 (22 February 2018)

Court

Free State High Court, Bloemfontein

Case number

A214/2017

Judges

Loubser, Jordaan, Molitsoane

Appeal dismissed where failure to attend a compulsory tender briefing rendered the appellants’ bid non-responsive in a provincial property sale.

• Tender Process
• Procedural Fairness
• Interim Interdict
• Preferential Procurement
• Legitimate Expectation
• Review Of Administrative Action

Big Blue Marketing CC v King Sabata Dalindyebo Local Municipality (4308/2016)

Big Blue Marketing CC v King Sabata Dalindyebo Local Municipality (4308/2016) [2017] ZAECMHC 2 (16 February 2017)

Court

Eastern Cape High Court, Mthatha

Case number

4308/2016

Judge

RWN Brooks

Urgent interdict refused: the applicant delayed unreasonably, failed to plead urgency properly, and had a satisfactory alternative remedy in pending action.

• Urgent Interdict
• Specific Performance
• Alternative Remedy
• Self Created Urgency
• Tender Process
• Costs Orders

Millennium Waste Management (Pty) Ltd v Sol Plaatjie Municipality (1585/2008)

Millennium Waste Management (Pty) Ltd v Sol Plaatjie Municipality (1585/2008) [2016] ZANCHC 68 (15 December 2016)

Court

Northern Cape High Court, Kimberley

Case number

1585/2008

Judge

Lever AJ

Leave to appeal was refused because the applicant relied on pleadings and a new “part C” interpretation that had not been properly pleaded or proved.

• Pleadings Precision
• Absolution From Instance
• Contractual Damages
• Tender Process
• Pleadings-precision
• Leave-to-appeal

Hayes Matkovich Development (Pty) Ltd v Lekwa Local Municipality (34401/2012)

Hayes Matkovich Development (Pty) Ltd v Lekwa Local Municipality (34401/2012) [2015] ZAGPPHC 758 (16 September 2015)

Court

North Gauteng High Court, Pretoria

Case number

34401/2012

Judge

E Bertelsmann

The court found that the agreement of sale and the subsequent tender process for the development of the estate complied with the constitutional and statutory requirements for the disposal of municipal assets. The tender process was open, transparent, competitive, and fair, with all bidders informed of the obligation to compensate the plaintiff for prior losses. The defendant's arguments regarding unfairness and lack of compliance with section 217 of the Constitution and the MFMA were rejected, as the process followed all prescribed procedures and provided substantial benefit to the municipali…

Source excerpt

• Municipal Asset Disposal
• Breach Of Contract
• Tender Process
• Damages For Repudiation
• Alienation Of Land Act Compliance
• Supply Chain Management

Milani Furnitures v MEC, Department of Education Eastern Cape and Others (602/14)

Milani Furnitures v MEC, Department of Education Eastern Cape and Others (602/14) [2015] ZAECBHC 20 (1 September 2015)

Court

Eastern Cape High Court, Bhisho

Case number

602/14

Judge

S M Mbenenge

The court ordered disclosure of tender records after finding the respondents had failed to provide promised information needed to challenge the award.

• Access To Information
• Mandatory Interdict
• Tender Process
• Promotion Of Administrative Justice Act
• Constitutional Rights
• Access-to-information