Special Tribunal of South Africa

Administrative law – review of decisions to award tenders and contracts concluded pursuant thereto – whether the tenders and contracts should be declared invalid and set aside – just and equitable relief – whether the tenderers should be divested profits earned from invalid tenders.

Administrative Law – Legality review – Procurement processes.

Administrative law – legality review in terms of s 8 (2) of the Special Investigating Unit and Special Tribunals Act 74 of 1996 – whether functionaries of the second respondent failed to comply with the applicable procurement prescripts when they awarded contracts to the first respondent – just and equitable relief.

Civil procedure – confirmation of rule nisi – whether a proper case is made out for an order confirming the rule nisi – whether the Tribunal has jurisdiction to grant an interdict preserving funds held in a Pension Fund.

Civil procedure – review of Special Tribunal judgement – administrative action.

Civil procedure – review of Special Tribunal judgement – jurisdiction to review.

Civil procedure – whether a Tribunal judgment is reviewable in terms of s 6 of the Promotion of Administrative Justice Act 3 of 2000 (PAJA) – whether the Tribunal lacks jurisdiction to review its own decisions – whether the judgment is reviewable.

Held – Tribunal judgments being expressly excluded from the definition of administrative action, they are not reviewable under PAJA – the Tribunal lacks jurisdiction over a review application brought in terms of s 22 of the Superior Courts Act, 10 of 2013 on the procedure set out in Rule 53 of the Uniform Rules – review relief is incompetent when sought against the legal effect of an order and not the method of the proceedings.

Special Tribunal – Legality review - Exceptions

Special Tribunal – Legality Review – Exceptions

Civil remedies – Injunctions and interdicts – Interim interdict

Civil Procedure – Pleadings – Amendment to Pleadings

Administrative Law – legality review – unreasonable delay – whether the Department of Transport, KwaZulu-Natal irregularly awarded a tender to Nexor 312 (Pty) Ltd and whether the tender falls to be reviewed and set aside – whether the Special Investigating Unit’s report into the awarding of this tender is irrational and falls to be reviewed and set aside.

Administrative Law – administrative review – irregular award of public procurement contract