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In a judgment handed down on 1 October 2025, the Supreme Court of Appeal ruled that the lack of collective capacity of the highest-ranked bidder across multiple related tenders was an objective consideration that justified the award of some of the tenders to the next-ranked bidders.
The matter arose from seven tenders issued by the…
In a March 2025 judgment, the Supreme Court of Appeal held that a state entity is entitled to exclude a bidder from consideration for a tender based on credible allegations and evidence of fraud; and that an extended public procurement process may proceed with only those bidders who consented to the extensions if the terms…
In an April 2025 judgment, the High Court ruled that private hospitals performing public functions cannot avoid the scrutiny of constitutional and administrative law standards, especially if the constitutional rights of patients may be affected.
The matter arose from a private hospital’s decision to terminate the practising privileges of an oncologist with specialised expertise in…
In a July 2025 judgment, the Supreme Court of Appeal reaffirmed that the Promotion of Administrative Justice Act (PAJA) is the appropriate mechanism for litigants to challenge administrative action.
The matter arose from a tender issued by a provincial department for waste management services, to which 15 bidders responded. One day after the expiry of…
In a June 2025 judgment, the High Court clarified that organs of state may invite or accept multiple or alternative bids in a procurement process, provided that they follow constitutional principles of fairness and transparency.
The matter arose from a tender for office accommodation in East London, advertised by the South African Local Government Association…
In a December 2024 judgment, the High Court confirmed that the doctrine of estoppel precludes government entities from raising their own non-compliance with internal arrangements and formalities to avoid contractual obligations.
The matter arose from a protracted dispute between a private school and a municipality over a substantial municipal water account. After negotiations, the…
In January 2025, the High Court handed down a judgment which revisited the application of the well-known common law rule requiring a South African claimant to attach property in South Africa of a foreign defendant who is to be sued to found or confirm the court’s jurisdiction.
The matter arose from an allegedly defective hip…
On 12 March 2025, a High Court judgment ruled that the decision of a municipality to terminate the acting appointment of its Director of Community Services amounted to administrative action that is subject to review in terms of the Promotion of Administrative Justice Act (PAJA).
The employee had challenged the termination of his acting…
On 19 November 2024, the Constitutional Court handed down a judgment which reaffirmed that the making of municipal by-laws are subject to the principle of legality, which requires all exercises of public power to be authorised by the law.
The matter arose when two Mpumalanga municipalities enacted by-laws that imposed transfer embargoes on properties.
On 20 November 2024, the high court handed down a judgment which confirmed that if the common approach of the parties to a point of law is based on a wrong perception, a court is not only entitled, but obliged, to raise that point of law of their own accord.
The matter involved an…
