AllPay Consolidated Investment Holdings (Pty) Ltd & Others v The Chief Executive Officer of the South African Social Security Agency & Others

The South African Social Security Agency (SASSA) invited tenders for the nationwide payment of social grants. Cash Paymaster Services (Pty) Ltd (CPS) was awarded the five‑year contract. AllPay Consolidated Investment Holdings (Pty) Ltd and related entities (AllPay), unsuccessful bidders, challenged the tender award in the North Gauteng High Court, alleging material irregularities in the tender process. The High Court declared the tender process illegal and invalid but declined to set aside the award to CPS. AllPay appealed against the refusal to set aside the award, while CPS cross‑appealed against the declaration of invalidity. AllPay expressly disavowed allegations of corruption or dishonesty and relied solely on alleged procedural irregularities.

The appeal by AllPay was dismissed with costs. The cross‑appeal by CPS was upheld with costs. The High Court’s orders were set aside and replaced with an order dismissing AllPay’s application with costs, including the costs of three counsel.

The judgment confirms that public procurement processes are subject to constitutional and administrative‑law scrutiny, but that not every procedural defect will invalidate a tender. It emphasises materiality, consequences, and the public interest in determining remedies, and cautions against treating procurement litigation as a dispute solely between competitors rather than as a matter of public administration.