Integrity Forensic Solutions CC v Amajuba District Municipality

Integrity Forensic Solutions CC (IFS) was initially appointed, via a lawful deviation from procurement requirements, to conduct a forensic investigation into procurement irregularities at Amajuba District Municipality. That contract was completed and paid. After delivery of the forensic report, IFS alleged that a further agreement was concluded in August 2016 for the provision of litigation support services to assist the National Prosecuting Authority and the Directorate of Priority Crimes. IFS claimed payment for this alleged second agreement. Amajuba denied that any such binding agreement was concluded, alternatively that its municipal manager had authority, and further questioned the lawfulness of the arrangement. The trial court and the full court found that no valid and enforceable agreement for litigation support services had been proven.

The appeal was struck off the roll with costs, including the costs of two counsel.

The case reaffirms the strict requirements for contractual consensus and certainty in South African contract law, particularly in the context of public sector contracts. It also clarifies that the granting of special leave on petition does not automatically confer jurisdiction on the Supreme Court of Appeal, which must itself be satisfied that special circumstances exist under s 16(1)(b) of the Superior Courts Act.