South Africa Case Law

SMEC South Africa (Pty) Ltd v South African National Road Agency SOC Ltd (075024/2023)

SMEC South Africa (Pty) Ltd v South African National Road Agency SOC Ltd (075024/2023) [2023] ZAGPPHC 1108 (29 August 2023)

Court

North Gauteng High Court, Pretoria

Case number

075024/2023

Judge

WJ Du Plessis

The court found that the applicant established a prima facie right to participate in a constitutionally compliant procurement process and that the new scoring system potentially undermines statutory and constitutional procurement principles. The applicant demonstrated urgency due to imminent tender closing dates and the risk of irreparable harm if tenders are adjudicated under the new system before the legality is determined. The balance of convenience favoured the applicant, as the respondent could continue adjudicating tenders using the previous scoring system without prejudice to its statu…

Source excerpt

• Interim Interdict
• Preferential Procurement Policy
• Promotion Of Administrative Justice Act
• Constitutional Procurement Principles
• Broad Based Black Economic Empowerment
• Urgency In Interdict Applications

SAMWU and Others v Mogalakwena Municipality and Others (J 279/2023)

SAMWU and Others v Mogalakwena Municipality and Others (J 279/2023) [2023] ZALCJHB 37 (9 March 2023)

Court

Labour Court Johannesburg

Case number

J 279/2023

Judge

Van Niekerk

The Labour Court struck an urgent application from the roll, finding it premature because a ruling on legal representation in the disciplinary hearing was still pending.

• Collective Agreement Interpretation
• Legal Representation In Disciplinary Hearing
• Urgency In Interdict Applications
• Costs In Urgent Applications
• Labour-law
• Urgent-applications

Afriforum NPC v Ngwathe Local Municipality (Parys) and Others (3185/2020)

Afriforum NPC v Ngwathe Local Municipality (Parys) and Others (3185/2020) [2022] ZAFSHC 275; [2022] 4 All SA 666 (FB) (19 October 2022)

Court

Free State High Court, Bloemfontein

Case number

3185/2020

Judge

Van Zyl

Urgent application over Parys water and sanitation problems dismissed after the court found the alleged electricity crisis had already been resolved.

• Right Of Access To Water
• Municipal Service Delivery
• Constitutional Duties Of Municipalities
• Urgency In Interdict Applications
• Costs Awards In Constitutional Litigation
• Municipal-service-delivery

Reelin Investments (Pty) Ltd v Transnet SOC Limited and Others (7438/2022)

Reelin Investments (Pty) Ltd v Transnet SOC Limited and Others (7438/2022) [2022] ZAGPJHC 215 (5 April 2022)

Court

South Gauteng High Court, Johannesburg

Case number

7438/2022

Judge

R M Keightley

The High Court struck Reelin’s urgent interdict application from the roll, finding it had delayed too long in challenging Transnet’s tender award to Miner Enterprises.

• Interim Interdict
• Judicial Review Of Tender Award
• Urgency In Interdict Applications
• Preferential Procurement Regulations
• Local Content Requirements
• Delay In Review Applications

Ajax Cape Town Football Club and Another v Mokhari N.O and Others (18413/18)

Ajax Cape Town Football Club and Another v Mokhari N.O and Others (18413/18) [2018] ZAGPJHC 404 (18 May 2018)

Court

South Gauteng High Court, Johannesburg

Case number

18413/18

Judge

R M Keightley

The High Court struck an urgent interdict application over a football promotion play-off, finding the applicants had created their own urgency.

• Urgency In Interdict Applications
• Internal Remedies Exhaustion
• Sports Arbitration
• Disciplinary Proceedings
• Jurisdiction Of Arbitrators
• Urgency-in-interdict-applications