Gauteng health maintains court ‘misinterpreted law in waste tender matter
The Gauteng Department of Health (GDoH) says it has consistently maintained that the Gauteng High Court misinterpreted the law and followed incorrect procedures in the multi-million rand waste tender
The battle between Buhle Waste (Pty) LTD and the department started when the latter appointed and awarded the R526 million waste management disposal contract to Tshenolo Waste and Phuting Medical Waste Management in November 2023.
SCA
The matter headed to the Supreme Court of Appeal after Gauteng High Court Judge Ahmed Cajee ruled against Buhle Waste's case to interdict the department from proceeding with the R526 million water management tender and dismissed Buhle's leave to appeal.
The SCA overturned the Gauteng High Court ruling on 30 November 2023, which had declared that the tender was invalid due to what it deemed an improper extension of the tender validity period.
ALSO READ: Court grants Gauteng Health's appeal in the cancer treatment backlog case
Judgment welcomed
Gauteng health department spokesperson Motalatale Modiba said they welcome the judgment delivered by the SCA on 15 July 2025.
'The department has consistently maintained that the High Court misinterpreted the law and followed incorrect procedures, including the granting of relief not properly sought or requested from the court, which subsequently led to the setting aside of the tender.
'From the beginning, the GDoH expressed concern that the High Court had acted beyond the scope of the matter brought before it,' Modiba said.
Ruling
Modiba added that this position was communicated in the department's prior official statements on the matter released on 30 November 2023 and reaffirmed on 3 March 2024, following the department being granted leave to appeal the matter at the SCA.
'The Supreme Court of Appeal has now confirmed that the department's view, by issuing a finding on the matter that the High Court's decision was procedurally flawed and the matter was not ripe for adjudication.
'The appeal was upheld with costs, and the application by Buhle Waste was dismissed'.
Modiba added that the ruling 'affirms the Gauteng Department of Health's commitment to due process, fairness, and the uninterrupted delivery of essential services, including the safe and consistent removal of medical waste across healthcare facilities in the province.'
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