Manong and Associates (Pty) Ltd v Eastern Cape Department of Roads and Transport and Others

The Eastern Cape Department of Roads and Transport invited tenders for the design and construction of three provincial roads. Manong and Associates (Pty) Ltd, a wholly black-owned engineering firm, submitted tenders but was disqualified at the functionality stage for failing to meet minimum experience and technical requirements. Manong alleged that the tender criteria indirectly discriminated against previously disadvantaged persons and that the procurement process was unlawful, unconstitutional, and tainted by corruption. It instituted urgent proceedings in the Equality Court (sitting at the Bhisho High Court), seeking interim and final relief including the setting aside of its disqualification, review and nullification of the awarded tenders, and declarations of unconstitutionality and unfair discrimination. The High Court (Froneman J), sitting as an Equality Court, dismissed the application on the merits, holding that the Equality Court could exercise High Court review powers and that no unfair discrimination or unlawfulness had been shown. Manong appealed to the Supreme Court of Appeal.

The appeal was upheld. The order of the High Court was set aside in its entirety and the matter was remitted to the Equality Court to be dealt with afresh in accordance with the provisions of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000. No order as to costs of appeal was made at that stage.

The case is a leading authority on the nature, jurisdiction and powers of Equality Courts in South Africa. It clarifies that Equality Courts are statutory creatures bound by the principle of legality and do not possess the inherent jurisdiction or review powers of the High Court. The judgment reinforces the separation between equality adjudication under the Equality Act and administrative law review under PAJA, and underscores the importance of following the specialised procedures created to advance access to justice and substantive equality.