Mogale City Municipality v Fidelity Security Services (Pty) Ltd (572/2013) [2014] ZASCA 172; [2015] 2 All SA 127; 2015 (5) SA 590  (SCA) (19 November 2014) per Wallis JA (Navsa DP, Saldulker, Mbha and Zondi JJA concurring)

The Supreme Court of Appeal found that there were a litany of errors in the awarding of a tender and reminded the Municipality that it ran the risk in future that a court may take the decision out of its hands and order that the tender be awarded to the bidder to whom, in the court’s view, it should have been awarded had a proper process been followed.  That may also result in identifiable officials responsible for that situation being ordered to pay the costs personally, because ‘It is time for courts to seriously consider holding officials who behave in the high-handed manner described above, personally liable for costs incurred. This might have a sobering effect on truant public office bearers’.