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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 |
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 |
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 |
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 |
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. |
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Judgment |
27 February 2024 |
Administrative Law – administrative review – irregular award of public procurement contract |
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Judgment |
7 February 2024 |
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Ex parte urgent interdiction bars insurer from paying respondent’s pension benefits pending recovery proceedings.
Special Tribunal – urgent ex parte interdict – Tribunal Rule 10(7) and Rule 12(2) – interim restraint on payment of pension benefits pending recovery/disgorgement proceedings – Rule 12(9) leave to set matter down for reconsideration; costs reserved.
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Judgment |
12 December 2023 |
Application for the consolidation of two actions in terms of Uniform Rule 11 read with Tribunal Rule 28(1) – the application is opposed only to the extent that the second respondent seeks the notice of motion set aside as an irregular step in terms of Uniform Rule 30 read with Tribunal Rule 28(1) – irregular step application dismissed. It was brought frivolously and vexatiously. Punitive costs warranted. Proper case made for the consolidation of the two actions. Consolidation application granted. Costs are costs in the cause |
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Judgment |
20 November 2023 |