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

Exercise of power by Minister under s 5 of the Preferential
Procurement Policy Framework Act 5 of 2000 to make Preferential Procurement Regulations 2017 – Minister exceeding powers - Regulations declared invalid and set aside – order of declaration of invalidity suspended for 12 months.

 Land – land reform – Extension of Security of Tenure Act 62 of 1997 (ESTA) – whether eviction order just and equitable – fundamental breach of relationship between occupier and owner under s 10(1)(c) – occupier unlawfully removing building materials and erecting illegal structure on land – fundamental breach of relationship justifying eviction – opportunity for representations under s 8(1)(e) of ESTA – not required in the circumstances – appeal upheld.

Procurement – Section 217(1) of the Constitution – whether a tripartite agreement between two organs of state and a private entity was one that contemplated contracting for goods or services – the agreement, in furtherance of the objects of the organs of state, required the private entity to provide smallholder farmers with cattle, paid for with public funds, veterinary kits and feed supplements, and to provide training and mentorship – the agreement was for the provision of goods and services as contemplated by s 217(1) – no procurement process complying with s 217(1) preceded the agreement – the agreement was declared to be invalid.