Court Battle Over Gauteng’s R526m Waste Tender Ends in Twist

SCA overturns High Court ruling in ongoing battle with Buhle Waste

After months of legal wrangling, the Gauteng Department of Health (GDoH) has emerged victorious in a court battle that’s been simmering since late 2023 over a R526 million waste management contract. The Supreme Court of Appeal (SCA) handed down its ruling on 15 July 2025, siding with the department and dismissing a challenge brought by waste contractor Buhle Waste (Pty) Ltd.

The legal scuffle centered on the department’s decision to award the half-a-billion rand tender to Tshenolo Waste and Phuting Medical Waste Management. That decision, made in November 2023, sparked an immediate backlash from Buhle Waste, which had previously serviced the contract and believed the process was marred by irregularities.

A Tender Turned Tense

What started as a routine procurement exercise quickly escalated into a courtroom showdown. Buhle Waste went to the Gauteng High Court in an attempt to block the department from implementing the new contract. Initially, Judge Ahmed Cajee ruled in their favour, declaring the tender invalid due to what he described as an improper extension of its validity period.

But the GDoH wasn’t convinced.

From the outset, the department insisted the court had “misinterpreted the law” and overstepped its authority. According to GDoH spokesperson Motalatale Modiba, the High Court granted legal remedies that weren’t even requested, an overreach that, in the department’s eyes, compromised both procedure and justice.

SCA Sets the Record Straight

The department’s persistence paid off. On appeal, the SCA overturned the High Court’s decision, agreeing that the original ruling was premature and flawed in process. The appellate judges found the matter “not ripe for adjudication,” meaning it should not have been ruled on at that stage.

“The appeal was upheld with costs,” Modiba confirmed, “and Buhle Waste’s application was dismissed.”

The victory is more than just a legal win, it’s also a reputational boost for the health department, which has come under heavy public scrutiny in recent years for everything from corruption allegations to hospital backlogs.

Modiba was quick to underscore what’s at stake: “This 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.”

Why This Matters

In a province where healthcare infrastructure is already stretched, the safe disposal of medical waste isn’t just about hygiene, it’s about public health. Missed collections can mean contaminated hospitals and exposed patients. So behind all the legal jargon is a very real concern: who’s fit to manage this massive responsibility?

Some industry insiders believe Buhle Waste’s aggressive legal challenge was driven by more than just contractual grievances, it was about holding on to a major source of income and influence. But others argue that the department’s awarding process has long been marred by lack of transparency, citing prior tenders where criteria weren’t clearly communicated.

Public Reaction: A Mixed Bag

On social media, reaction to the SCA’s ruling has been divided. Healthcare workers and hospital administrators seem relieved, welcoming the end of legal uncertainty. “Finally we can get on with our jobs,” tweeted one nurse from Chris Hani Baragwanath Hospital.

But others are skeptical. “Another backroom deal disguised as justice,” one Johannesburg-based activist posted, reflecting ongoing mistrust in public procurement processes.

The Bigger Picture

While the SCA’s ruling brings legal closure, it also shines a light on broader questions about governance, transparency, and accountability in Gauteng’s public health system.

The department may have won this battle, but if trust in government procurement remains low, the war for public confidence is far from over.

 A R526 million waste contract may seem like just another line item in a budget, but as this case shows, it’s also a test of how fairly, transparently, and competently public services are delivered in South Africa’s most populous province.

{Source: The Citizen}

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