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South Africa decisions
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Mothokwa Trading Enterprice v MEC for Education Limpopo Province and Others (13927/2024) [2025] ZALMPPHC 145 (31 July 2025)
The High Court granted an interim interdict stopping implementation of a Limpopo education furniture contract pending review of the procurement decisions.
Foursight IT Business Solutions (Pty) Ltd v Department of Home Affairs and Another (024313/23) [2025] ZAGPPHC 248 (3 March 2025)
The High Court dismissed Foursight’s challenge to the cancellation of its IT services contract, holding the pleaded case was not a PAJA review and no damages claim was before it.
Kunene Rampala Inc. v North West Province Department of Education and Sport and Development (460/2022) [2023] ZASCA 120 (15 September 2023)
The Supreme Court of Appeal held that the addendum to the service level agreement was concluded in breach of section 217 of the Constitution and the applicable public procurement prescripts, including the Public Finance Management Act and Treasury Regulations. The transaction value exceeded the threshold requiring an open tender, which was not followed. The addendum unlawfully increased the scope, duration, and fees of the contract without competitive bidding. The Department was entitled to raise the invalidity of the addendum in its plea, and the court could declare the contract invalid and…
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Soma Initiative (Pty) Ltd v The Premier for the Eastern Cape and Others (353/2022) [2022] ZAECMKHC 13 (17 May 2022)
The court found that while the applicant's right to just administrative action under section 33 of the Constitution and PAJA was infringed by an arbitrary and non-transparent selection process, the requirements for interim relief were not met. The applicant failed to demonstrate irreparable harm, as any harm to its commercial interests could be addressed in subsequent review proceedings. The balance of convenience did not favour granting an interdict, as suspending the appointment would disrupt essential health risk management services for the province and prejudice public administration. The…
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Buhle Waste v Compass Medical Waste Services (Pty) Ltd (5409/2019) [2021] ZAFSHC 320 (2 December 2021)
The High Court dismissed Buhle Waste’s application for leave to appeal, finding no reasonable prospects of success and no compelling reason to grant leave.
RAiN Chartered Accountants Incorporated v South African Social Security Agency (CCT 48/17) [2021] ZACC 27; 2021 (11) BCLR 1225 (CC) (10 September 2021)
The Constitutional Court held that SASSA must pay reasonable fees for RAiN’s further work under the April 2021 order and consider appointing RAiN under a deviation process.
Compass Medical Waste Services (Pty) Ltd v MEC Department of Health, Free State and Others (5409/2021) [2021] ZAFSHC 185 (29 June 2021)
The court found that the first respondent's participation in the Limpopo contract did not comply with the requirements of Treasury Regulation 16A.6.6 and section 217(1) of the Constitution. The terms and conditions of the Limpopo contract were not identical to those required in the Free State, and the procurement process failed to ensure competitiveness and cost-effectiveness. The Department paid higher prices than it would have under a quotation-based system, disregarding constitutional imperatives. The court held that regulation 16A.6.6 must be interpreted in light of section 217, and mere…
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Member of the Executive Council for Economic Opportunities, Western Cape v Auditor General of South Africa and Another (19259/2018) [2020] ZAWCHC 50; [2020] 3 All SA 524 (WCC); 2021 (1) SA 455 (WCC) (8 June 2020)
The High Court set aside the Auditor-General’s qualified audit findings on the Western Cape Department of Agriculture’s 2016/17 and 2017/18 financial statements.
State Information Technology Agency (Pty) Ltd v Premier, Eastern Cape Provincial Government and Others (250/2018) [2018] ZAECBHC 12 (23 October 2018)
The court held that Eastern Cape’s participation in a broadband contract was reviewable because SITA’s required written approval under Treasury Regulation 16A6.6 was not obtained.
Minister of Transport and Another v Prodiba (Pty) Ltd (34273/2013) [2013] ZAGPPHC 347 (27 November 2013)
High Court refused leave to appeal in a transport procurement dispute, holding that no Cabinet approval was required, PFMA and Treasury rules were complied with, and the agreement was not vague.
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