Airports Company South Africa SOC Ltd v Imperial Group Ltd and Others (1306/2018) [2020] ZASCA 2 (31 January 2020)

Jurisdiction
South Africa
Citation
Airports Company South Africa SOC Ltd v Imperial Group Ltd and Others (1306/2018) [2020] ZASCA 2 (31 January 2020)
Media Neutral Citation
[2020] ZASCA 2
Hearing date
17 September 2019
Court
Supreme Court of Appeal of South Africa
Case number
1306/2018
Judges
Molemela JA, Tshiqi JA
Judgment date
31 January 2020
Language
English
Type
Judgment
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Flynote

Procurement by organ of state – whether s 217 of the Constitution is
applicable to Request for Bids (RFB) for the granting of car rental concessions –
Language used in s 217 is clear and unambiguous – s 217 applicable when organ of
state contracts for goods or services even where organ of state is not incurring an
expenditure – preferential procurement policy reflected in RFB bears no relation to
requirements of legislation envisaged in s 217(3) – non-compliance rendering RFB
irrational, unlawful and invalid.

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Cited documents 21

Judgment 18
  1. Ahmed and Others v Minister of Home Affairs and Another (People Against Suffering Oppression and Poverty, Lawyers for Human Rights and De Saude Attorneys Inc as Amici Curiae) [2018] ZACC 39 (9 October 2018)
  2. Airports Company South Africa Soc Limited v Airports Bookshops (Pty) Limited t/a Exclusive Books (945 of 2015) [2016] ZASCA 129 (27 September 2016)
  3. Airports Company South Africa v Big Five Duty Free (Pty) Ltd and Others [2018] ZACC 33 (27 September 2018)
  4. Bengwenyama Minerals (Pty) Ltd and Others v Genorah Resources (Pty) Ltd and Others [2010] ZACC 26 (30 November 2010)
  5. Calibre Clinical Consultants (Pty) Ltd and Another v National Bargaining Council for the Road Freight Industry and Another (410/2009) [2010] ZASCA 94 (19 July 2010)
  6. Chairman of State Tender Board v Digital Voice Processing (Pty) Ltd; Chairman of State Tender Board v Sneller Digital (Pty) Ltd and Others (764/2010) [2011] ZASCA 202 (24 November 2011)
  7. Democratic Alliance v President of South Africa and Others [2012] ZACC 24 (5 October 2012)
  8. Jordan and Others v S (CCT 31/01) [2002] ZACC 22 (9 October 2002)
  9. Justice Alliance of South Africa v Minister for Safety and Security and Others [2013] ZACC 12 (21 May 2013)
  10. Minister of Defence and Military Veterans v Motau and Others [2014] ZACC 18 (10 June 2014)
  11. Minister of Health and Another v New Clicks South Africa (Pty) Ltd and Others [2005] ZACC 14 (30 September 2005)
  12. Minister of Home Affairs and Others v Scalabrini Centre, Cape Town and Others (360/13; 735/12) [2013] ZASCA 134 (27 September 2013)
  13. My Vote Counts NPC v Speaker of the National Assembly and Others [2015] ZACC 31 (30 September 2015)
  14. Natal Joint Municipal Pension Fund v Endumeni Municipality (920/2010) [2012] ZASCA 13 (16 March 2012)
  15. National Energy Regulator of South Africa and Another v PG Group (Pty) Ltd and Others [2019] ZACC 28 (15 July 2019)
  16. Premier of the Western Cape and Others v Overberg District Municipality and Others (801/201) [2011] ZASCA 23 (18 March 2011)
  17. Steenkamp NO v Provincial Tender Board of Eastern Cape [2006] ZACC 16 (28 September 2006)
  18. Trencon Construction (Pty) Ltd v Industrial Development Corporation of South Africa Limited and Another [2015] ZACC 22 (26 June 2015)
Legislation 3
  1. Preferential Procurement Policy Framework Act, 2000
  2. Promotion of Administrative Justice Act, 2000
  3. Public Finance Management Act, 1999

Documents citing this one 6

Judgment 6
  1. Afribusiness NPC v The Minister of Finance (1050/2019) [2020] ZASCA 140 (2 November 2020)
  2. Agribee Beef Fund (Pty) Limited and Another v Eastern Cape Rural Development Agency and Another [2023] ZACC 6 (1 February 2023)
  3. Eastern Cape Rural Development Agency and Another v Agribee Beef Fund (Pty) Ltd and Others (827 of 2020) [2022] ZASCA 2 (6 January 2022)
  4. Minister of Finance v Afribusiness NPC [2022] ZACC 4 (16 February 2022)
  5. Nimble Investments (Pty) Ltd v Malan and Others (556/2020) [2021] ZASCA 129 (30 September 2021)
  6. Shiva Uranium (Pty) Limited (In Business Rescue) and Another v Tayob and Others [2021] ZACC 40 (9 November 2021)