Maputo, April 13, 2026 (Lusa) – A South African court has annulled a public contract for a concrete wall on the border between Mozambique and South Africa, ruling that the winning consortium failed to meet the requirements.
The Pretoria Special Tribunal’s decision on 31 March concerns an eight-kilometre wall between the South African province of KwaZulu-Natal and southern Mozambique.
Authorities intended the measure to curb cross-border smuggling and trafficking, particularly of stolen vehicles, following local protests against rising crime in the border area.
The ISF Shula Joint Venture consortium won the contract, which involved a total investment of 85.8 million rands (€4.5 million).
The group has received payments of 84.3 million rands (€4.4 million), despite failing to complete the work by the 2025 deadline.
The KwaZulu-Natal Department of Roads and Transport and the National Department of Public Works and Infrastructure (DPWI) launched the project in 2020, but South African media reported that funding difficulties and contractor issues led to its suspension the following year.
The first five kilometres of the wall, planned to span 25 kilometres in total, were completed in 2024.
Data presented to the court shows that approximately three-quarters of the project was finished before the contract's cancellation. Around 2.7 kilometres of the wall remain unbuilt, alongside additional work to secure and connect the concrete panels.
The court declared the KwaZulu-Natal Department of Transport’s decision to award the contract was illegal and invalid.
It highlighted that the consortium submitted a fraudulent mandatory certificate and identified further irregularities.
The court stressed the importance of public procurement rules, stating that complying with procurement procedures is a constitutional obligation, not an option.
The ruling said that violating these principles compromises transparency, legality, and the public interest, especially in a project with a direct impact on border security between South Africa and Mozambique.
The court annulled the contract and ordered the consortium to return all profits earned from the work, with the exact amount to be determined at a later stage, and to pay all legal costs.
This decision reaffirms that no one has the right to benefit from an illegal contract, even when part of the work has been completed.
Meanwhile, the South African provincial government launched a new public tender, valued at over 62 million rands (€3.2 million), to complete the wall along the Mozambican border.
The court considered this figure significant as it represents an additional cost to the public purse.
The court also ruled that the KwaZulu-Natal Department of Transport must initiate disciplinary proceedings against members of the tender evaluation committee who have not yet been held accountable for the illegal award.
PVJ/RYOL // ADB.
Lusa
