South Africa Case Law

Arocon Mbokodo CC v Mogalakwena Local Municipality (2650/2024)

Arocon Mbokodo CC v Mogalakwena Local Municipality (2650/2024) [2024] ZALMPPHC 57 (7 June 2024)

Court

Limpopo High Court, Polokwane

Case number

2650/2024

Judge

Monene

The court found that the applicant had established a prima facie right arising from its valid and subsisting contract with the respondent for the road and stormwater project. The respondent's attempt to proceed with a new tender for the same work, while the original contract remains in force, was held to be unlawful and prejudicial to the applicant. The court rejected the respondent's arguments regarding the availability of funds, alleged irregularities, and delay, finding no evidence that the contract had been lawfully terminated or set aside. The applicant would suffer irreparable harm if t…

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• Interim Interdict
• Public Procurement
• Specific Performance
• Wasteful Expenditure
• Alternative Remedy
• Urgency

Special Investigating Unit v Pro Serve Consulting and Others (GP20/2021)

Special Investigating Unit v Pro Serve Consulting and Others (GP20/2021) [2022] ZAST 1 (21 January 2022)

Court

Special Tribunal

Case number

GP20/2021

Judge

L.T Modiba

The Tribunal found that the SIU established a prima facie case that the appointment of Thenga Holdings to the AGA Hospital project was irregular and unlawful, as no valid tender process was followed and the tender documentation was incomplete and compiled after the fact. While Pro Serve Consulting's panel appointment was extended, deficiencies in service level agreements and scope of works rendered its appointment vulnerable to review. The SIU met the requirements for urgency, as the imminent expiry of FIC notices and ongoing dissipation of funds would deny substantive redress if not preserve…

Source excerpt

• Public Procurement Irregularity
• Preservation Order
• Urgency Requirements
• Just And Equitable Relief
• Disgorgement Of Profits
• Wasteful Expenditure

Abrahams v Commission for Conciliation, Mediation and Arbitration (CCMA) and Others; Freedom Park v Abrahams and Others (JR268/13; JR516/13)

Abrahams v Commission for Conciliation, Mediation and Arbitration (CCMA) and Others; Freedom Park v Abrahams and Others (JR268/13; JR516/13) [2015] ZALCJHB 457 (19 February 2015)

Court

Labour Court Johannesburg

Case number

JR268/13; JR516/13

Judge

Beaton AJ

The Labour Court set aside a pre-dismissal arbitration award after finding no disclosable interest based on friendship alone, and dismissed the employer’s counter-review.

• Pre Dismissal Arbitration
• Duty Of Disclosure
• Wasteful Expenditure
• Disciplinary Code
• Review Of Arbitration Award
• Labour-law