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Title
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Jurisdiction |
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Date
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Irregular emergency procurement violated s217; award set aside and supplier ordered to account and disgorge profits.
Public procurement – constitutional duty under s217 – emergency procurement and National Treasury Instruction Notes – irregular deviation from transversal contracts – supplier innocence and estoppel not a bar – hearsay inadmissibility – review and setting aside of award – disgorgement of profits as just and equitable remedy.
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Judgment |
30 October 2025 |
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Appellate court upholds custodial sentences for fraud and money laundering and issues welfare orders to protect appellants' dependants.
Sentencing appeal — fraud and money laundering under POCA — custodial versus correctional supervision (s 276 CPA) — appellate interference standard — Zinn triad; best interests of children (s 28 Constitution) — post-sentencing welfare orders for dependants; compensation/repayment not ordered due to financial uncertainty.
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KwaZulu-Natal
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Judgment |
28 October 2025 |
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Convicted Schedule 5 offender failed to show reasonable prospects of success or interests of justice; bail pending Constitutional Court petition refused.
Criminal procedure — Bail pending petition to Constitutional Court — Convicted accused under Schedule 5 — Onus on applicant under s 60(11)(b) and proviso to s 58 — Test: reasonable prospects of success — Exceptional circumstances under s 17(2)(f) — Minority judgments do not constitute conflicting authority justifying referral.
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Gauteng
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Judgment |
13 October 2025 |
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The applicant failed to prove corrupt collusion; procurement irregularities alone did not justify setting aside the contract.
* Public procurement – Supply Chain Management – emergency procurement during COVID-19 – deviations from SCM and National Treasury notes – procedural irregularities do not alone prove corruption.
* Evidence – civil standard – inferential reasoning and circumstantial evidence – requirement of primary objective facts; limits to extended inference.
* Special Tribunal procedure – Rule 19 and s 9(3) SIU Act – evidentiary flexibility does not justify speculation or abandonment of proof obligations.
* Relief – setting aside contracts and disgorgement require proof of unlawful award or corrupt agreement, not merely irregular process.
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Judgment |
7 October 2025 |
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Applicant failed to establish entitlement to an interim preservation order restraining rental payments under disputed lease.
* Special Investigating Unit – interim preservation order – request to restrain rental payments and to pay rentals into trust pending trial. * Procurement law – alleged contravention of Section 217(1) of the Constitution and fraud – does not automatically justify interim interference. * Interim relief – requirements of prima facie right, irreparable harm, balance of convenience and absence of alternative remedies; failure to establish same leads to dismissal. * Contract law – court reluctant to interfere with existing, operative lease without adequate justification.
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Judgment |
1 October 2025 |
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Ex parte interim preservation order appoints Curator Bonis, restrains asset disposal, and pierces corporate/trust veils pending SIU proceedings.
* Special Tribunal – Ex parte interim preservation/interdict – appointment of Curator Bonis – restraint on alienation and encumbrance of specified movable and immovable assets pending SIU civil proceedings. * Powers of Curator Bonis – custody, preservation, insurance, collection of income, sale/lease with proceeds preserved in trust. * Piercing corporate and trust veils – directors and trustees made personally liable for acts of entities/trust for interim relief. * Interaction with SARS/AFU enforcement – existing attachments/forfeitures preserved; returned assets subject to Tribunal preservation. * Mandatory full and frank sworn disclosure of assets by implicated parties. |
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Judgment |
29 September 2025 |
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PPE supply contract void where supplier lacked required SAHPRA distribution licence; repayment, interest and costs ordered.
Procurement law – emergency procurement and deviations – TNI 8/2019/20 and TNI 3/2020/21; Public Finance Management Act compliance; Medical regulatory law – Masks as medical devices; SAHPRA licensing requirement for manufacture/distribution/wholesale; Consequence of unlawful distribution – contract void ab initio and restitution; Interest and costs (including two counsel).
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Judgment |
29 September 2025 |
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A fraudulent misstatement of tendering experience and improper evaluation rendered the award and contract unlawful; repayment ordered.
• Administrative law – Public procurement – Section 217 Constitution – requirement of fair, equitable, transparent and cost‑effective procurement. • Tender evaluation – Application of functionality sub‑criteria; invalid scoring and unjustified departure from highest‑scoring bidder. • Fraud in procurement – Misrepresentation of past projects; fraud vitiates procurement and unravels contracts. • CIDB Regulations – Contractor grading limits and reasonable excess; award beyond grading unlawful. • Remedy – Review and setting aside of award and contract; restitution/order for repayment; costs (including two counsel).
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Judgment |
5 September 2025 |
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Stay pending review refused where review of SIU report would not dispose of SIU’s distinct civil claim; costs to SIU.
Special Tribunal — stay pending review — test for stay: same issues/parties, prospects of success, balance of convenience, interests of justice — where SIU civil claim rests on evidentiary enquiry into irregular supplier appointment, review of SIU report findings against one respondent did not resolve civil claim — stay refused; amendment to limit stay to that respondent granted.
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Judgment |
3 September 2025 |
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Applicant granted leave to admit third supplementary affidavit as new material justified departure from ordinary affidavit limits; costs reserved.
Supplementary affidavits — discretion to permit further affidavits where new, material evidence emerges; lapsed appeal under Rule 49; bare denials insufficient to defeat admission; hearsay/expert-report objections go to weight, not interlocutory admission; costs reserved to main application.
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Judgment |
26 August 2025 |
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Delay condoned; emergency procurement complied with treasury rules and section 217; review dismissed and costs awarded against the applicant.
Special Tribunal — emergency procurement during National State of Disaster — Treasury Regulation 16A.6.4 and NT Instruction Note 5 — review of procurement under section 217 Constitution and PFMA — condonation of delay — materiality of procedural irregularities — necessity for consequential relief and costs where investigatory findings do not support review.
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Judgment |
20 August 2025 |
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Tender award and contract declared invalid; respondents ordered to account and repay profits following setting aside of SLA.
Administrative law – procurement – setting aside of unlawful tender award – invalidity of Service Level Agreement – restitution and provision of financial disclosure for determination of profit to be repaid – process for dispute resolution following setting aside of public contract. |
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Judgment |
19 August 2025 |
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SIU failed to prove wilful, mala fide non‑compliance with Tribunal order; contempt application dismissed.
* Contempt of court – civil contempt requisites: existence and service of order, non‑compliance, wilfulness and mala fides proven beyond reasonable doubt. * Jurisdictional challenge and pending review – launching review proceedings may be bona fide and not necessarily evidence of contumacious conduct. * Tribunal procedure – effect of paragraph 8 (Case Management Conference) on enforcement steps. * Relief – committal/arrest and coercive measures inappropriate where mala fides not proved; no costs ordered.
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Judgment |
23 July 2025 |
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Applicant had standing but failure to join National Treasury barred review of procurement deviation, so application dismissed.
* Administrative law – review of procurement award – SIU locus standi under Presidential Proclamation and s5(5) SIU Act; harmonious interpretation of Proclamation and Schedule.
* Procurement law – Constitution s217, PFMA and Treasury Regulations – deviations from normal procurement; urgency and self-created urgency.
* Civil procedure – joinder – decision of National Treasury granting a deviation remains valid until set aside; non-joinder fatal to review.
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Judgment |
10 July 2025 |
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NLC grant decisions set aside as unlawful for conflict of interest; Board member and beneficiary entities ordered to repay funds.
Administrative law – review – grant funding – irregular awarding of public funds – conflict of interest – breach of fiduciary duties – admissibility of hearsay evidence – motion proceedings – personal liability of public officials – just and equitable relief – corruption and constitutional principles. |
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Judgment |
30 June 2025 |
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Court voids tenders awarded to Kroucamp Plumbers due to corruption and lifts corporate veil for direct liability.
Administrative law – Tenders – Legality of tender awards – Fraudulent practices and conflicts of interest; Corporate law – Lifting the corporate veil; Application for condonation – delay – Interests of justice.
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Judgment |
13 June 2025 |
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Special Tribunal grants interim interdict against pension fund withdrawal amid allegations of public fund misappropriation.
Pension Funds - Interim interdict - Jurisdiction of Special Tribunal - Misconduct leading to public fund misappropriation - Procedural errors in entity citation rectified without prejudice.
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Judgment |
10 June 2025 |
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The court nullified a contract due to irregular procurement processes violating constitutional principles.
Procurement Law – irregularity in awarding and extending public contracts – legality and constitutionality under section 217 of the Constitution – setting aside of appointments and contracts due to procedural failings.
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Judgment |
5 June 2025 |
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Urgent application granted to interdict pension payments pending finalization of legal proceedings.
Special Tribunal – Urgent Application – Condonation for non-compliance with rules – Pension benefits – Interdict pending finalization of proceedings.
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Judgment |
15 May 2025 |
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Tribunal found contract awards and payments to Buthelezi EMS entities unlawful, ordering restitution and financial scrutiny.
Public procurement - Invalid contract awards and unlawful payments - Restitution obligations for unlawfully received funds - Procedure for financial accountability and recovery.
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Judgment |
5 May 2025 |
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Contracts awarded to Vitae Zoe for temperature devices declared unlawful, prompting financial review and costs orders.
Public procurement - Unlawful contract award - Contracts declared invalid - Financial rectification ordered - Costs awarded to applicant. |
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Judgment |
5 May 2025 |
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Government procurement of Microsoft Licenses declared unconstitutional, requiring SoftwareOne to repay derived profits.
Contract Law – Procurement – Constitutionality of government contracting process – Award and agreements declared unconstitutional and set aside.
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Judgment |
30 April 2025 |
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Tribunal granted ex parte interim restraint and caveat preventing transfer or encumbrance of specified property pending SIU proceedings.
Special Tribunal – ex parte interim relief – Preservation order restraining sale, transfer or encumbrance of immovable property – Power to hear in chambers without notice (Rule 24) – Direction to Deeds Registry to register caveat – Interim relief pending institution of civil proceedings (60 court days) – Right to apply for reconsideration and judicial case management.
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Judgment |
23 April 2025 |
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The Tribunal appointed a curator bonis to preserve assets pending litigation, restricting certain asset transactions.
Special Tribunal Order – Curatorship appointment – Asset restraint pending litigation – Costs of asset management. |
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Judgment |
22 April 2025 |
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Interim interdict granted preventing disposal of Mercedes-Benz pending investigation; disclosure and insurance required.
Interim relief – Interdiction against asset disposal pending investigation – Obligation to disclose and insure asset – Reconsideration under Tribunal rules.
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Judgment |
15 April 2025 |
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Special Tribunal restricts dealings with property in an ex parte order pending civil case resolution.
Special Tribunal order – Ex parte application – Immoveable property – Property dealing prohibition – Reconsideration procedures. |
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Judgment |
8 April 2025 |
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Interdict granted to prevent disposition of assets pending civil recovery proceedings by the State.
Asset preservation – Interdict – Interim relief against property transactions pending civil proceedings for State recovery claims under SIU Act.
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Judgment |
8 April 2025 |
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Interim preservation order restraining pension payout and beneficiary withdrawals pending resolution of review proceedings.
* Interim relief – preservation of assets – prohibition against payment or disposal of pension fund benefits pending review proceedings; * Pension law/administration – restraint on pension fund and administrator from paying benefit; * Interim prohibitory relief – beneficiary restrained from withdrawing or dealing with funds; * Costs reserved to main application.
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Judgment |
31 March 2025 |
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On a balance of probabilities the court found a vehicle (or R328,000) connected to corrupt procurement and ordered forfeiture.
* Asset forfeiture – Prevention of Organised Crime Act (POCA) Chapter 6 – civil forfeiture of property or embedded gratification as proceeds or instrumentality of corruption and money laundering.
* Admissibility – findings in related criminal proceedings (including s174 acquittal) inadmissible in POCA civil forfeiture proceedings; civil evidentiary rules apply.
* Hearsay – founding affidavit not shown to be inadmissible hearsay absent particularisation.
* Standard of proof – balance of probabilities applies in forfeiture proceedings; proportionality enquiry required before ordering forfeiture.
* Public procurement – alleged corrupt relationship between supplier and senior procurement official; conflict of interest and abuse of position considered in civil forfeiture analysis.
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Eastern Cape
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Judgment |
18 March 2025 |
Civil Remedies – Injunctions and interdicts – Interlocutory |
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Judgment |
4 March 2025 |
Civil Procedure – Appeals and reviews – Judicial Review |
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Judgment |
18 February 2025 |
Civil Procedure – Parties – Joinder
Civil Procedure – Pleadings – Amendment to Pleadings |
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Judgment |
17 February 2025 |
Civil Procedure – Appeals and reviews – Administrative review
Civil Procedure – Orders – Condonation
Special Tribunal – Administrative Law – Government Contracting |
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Judgment |
12 February 2025 |
Corruption, fraud and illicit money flows — Articles
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Journal |
3 February 2025 |
Civil Remedies – Special Tribunal – Ex Parte Order |
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Judgment |
23 January 2025 |
Civil Procedure – Parties - Joinder |
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Judgment |
23 January 2025 |
Civil Procedure – Pleadings – Amendment to Pleadings |
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Judgment |
22 January 2025 |
Civil Procedure – Institution of Proceedings – Cause of action
Civil Procedure – Special Tribunal – Jurisdiction
Civil Procedure – Institution of Proceedings – Prescription |
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Judgment |
14 January 2025 |
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Presentation |
26 August 2024 |
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. |
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Judgment |
16 August 2024 |
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. |
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Judgment |
5 August 2024 |
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. |
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Judgment |
31 July 2024 |
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. |
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Judgment |
30 July 2024 |
Special Tribunal – Legality review - Exceptions |
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Judgment |
24 July 2024 |
Special Tribunal – Legality Review – Exceptions |
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Judgment |
24 July 2024 |
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Presentation |
8 July 2024 |
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Presentation |
10 June 2024 |
Civil remedies – Injunctions and interdicts – Interim interdict |
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Judgment |
16 May 2024 |
Civil Procedure – Pleadings – Amendment to Pleadings |
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Judgment |
3 May 2024 |
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The Electoral Commission erred in disqualifying a candidate under s 47(1)(e); objections must be interpreted with the appeals proviso and bias not established.
Electoral law – s 30 Electoral Act – pre‑election objections – Commission’s authority to determine eligibility under s 47(1)(e) of the Constitution; Constitutional law – s 47(1)(e) disqualification for sentences over 12 months – interpretation and proviso about appeals; Executive power – Presidential remission under s 84(2)(j) – legal effect on sentence; Administrative law – reasonable apprehension of bias – media statements insufficient to disqualify decision‑makers.
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Judgment |
26 April 2024 |