ESORFRANKI PIPELINES (PTY) LTD v MOPANI DISTRICT MUNICIPALITY [2022] ZACC 41

Abstract

The Constitutional Court, in the recent case of Esorfranki Pipelines (Pty) Ltd v Mopani District Municipality ([2022] ZACC 41), had to decide whether a tenderer, whose tender failed as a result of the intentional misconduct of the State, could claim damages in delict from the State for loss of profits (par 1).

The High Court and the Supreme Court of Appeal both applied the res iudicata rule, holding that the matter had already been raised. In both instances the courts also found that wrongfulness and causation had not been proven.

The Constitutional Court, in applying the principle of subsidiarity, held that wrongfulness had not been proven.

The purpose of the case note is to show that the reasons advanced by the courts for not allowing the delictual claim, are based on incorrect applications of the legal principles.