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South Africa Case Law

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Administrative Law [2024] ZAGPJHC 774

Zethu Consulting Services (Pty) Ltd v Ekurhuleni Metropolitan Municipality and Others (46470/2021)

Zethu Consulting Services (Pty) Ltd v Ekurhuleni Metropolitan Municipality and Others (46470/2021) [2024] ZAGPJHC 774 (6 August 2024)

Court
South Gauteng High Court, Johannesburg
Case number
46470/2021
Judge
Manoim

The court found that while the applicant was validly appointed to the panel, its subsequent appointments to the three projects were irregular and unlawful due to non-compliance with statutory and constitutional procurement requirements. The Municipality established four independent grounds for review: the projects fell outside the scope of the original tender, there was no approved budget, no gap analysis was performed, and standard operating procedures were not followed. The delay in bringing the review was justified as the irregularities were concealed by insiders and only discovered upon r…

Source excerpt

  • Municipal Procurement
  • Unlawful Contracts
  • Just And Equitable Remedy
  • Delay In Review
  • Local Government Finance Management Act
  • Public Tender Irregularity
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Family And Children [2017] ZAGPPHC 70

HPP and Others; Ex Parte DME and Others (45037/2016), Ex parte

HPP and Others; Ex Parte DME and Others (45037/2016), Ex parte [2017] ZAGPPHC 70; [2017] 2 All SA 171 (GP); 2017 (4) SA 528 (GP) (9 February 2017)

Court
North Gauteng High Court, Pretoria
Case number
45037/2016
Judge
Tolmay

The court found that the surrogacy facilitation agreements entered into between the applicants and Ms Strydom contravened section 301 of the Children's Act, as her services did not fall within the lawful exceptions for compensation. The payments made for facilitation services were not directly related to artificial fertilisation, pregnancy, birth, or confirmation of the surrogate motherhood agreement, nor were they bona fide professional legal or medical expenses. The limitation on Ms Strydom's right to receive payment for such services was justified in terms of section 36 of the Constitution…

Source excerpt

  • Surrogate Motherhood Agreements
  • Commercial Surrogacy
  • Children's Act
  • Unlawful Contracts
  • Constitutional Rights Limitation
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.