n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - Bureaucratic bungling, deliberate misconduct and claims for pure economic loss in the tender process

Volume 26, Issue 2
  • ISSN : 1015-0099
  • E-ISSN: 1996-2185



is the fourth in a line of Supreme Court of Appeal cases where plaintiffs had claimed damages arising from tenders for the supply of goods and services. Unlike in , where liability was upheld and large amounts in damages were awarded against the government, the claim in suffered the same fate as that in and . As all four cases involved financial loss resulting from being unsuccessful in a tender award, one may ask: why did the claim in succeed while those in the other three cases failed? Another pertinent question is: if applicants in a judicial review could succeed in setting aside a tender award resulting from an administrative irregularity as in the case of , or for any other form of impeachable administrative wrong, why would such a party not recover damages for loss of profit or out-of-pocket expenses arising from the botched transaction?

Loading full text...

Full text loading...


Article metrics loading...


This is a required field
Please enter a valid email address
Approval was a Success
Invalid data
An Error Occurred
Approval was partially successful, following selected items could not be processed due to error