Manong & Associates (Pty) Ltd v Department of Roads & Transport, Eastern Cape Province and Another

Manong & Associates (Pty) Ltd, an engineering company, challenged the allocation of provincial road upgrade tenders by the Eastern Cape Department of Roads and Transport. It alleged that the Department’s prescribed Bid Rules, particularly clause 24, indirectly discriminated against previously disadvantaged persons and were therefore unfair under the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (Equality Act), read with the Constitution. The company brought urgent application proceedings in the Bhisho High Court sitting as an equality court, seeking interim relief and, ultimately, orders reviewing and setting aside its disqualification, invalidating awarded tenders, declaratory relief on constitutionality and unfair discrimination, and an audit of procurement practices. The respondents raised points of law only, contending that the equality court lacked jurisdiction to review administrative action or adjudicate constitutional issues. Pillay J upheld this contention and dismissed the application without deciding the merits.

The appeal was upheld with costs. The order dismissing the application was set aside, and the matter was remitted to the Bhisho High Court sitting as an equality court for adjudication on the merits in terms of the Equality Act, with an appropriate costs order to be made.

The case clarifies the institutional nature and jurisdiction of equality courts in South African law. It confirms that equality courts are distinct statutory courts without PAJA review powers, but affirms their competence to grant substantive relief against unfair discrimination even where such discrimination arises from administrative action. The decision delineates the boundary between administrative review and equality adjudication, providing guidance for litigants challenging discriminatory state procurement practices.