​The Gauteng Department of Health (GDoH) has welcomed the judgment delivered by the Supreme Court of Appeal (SCA) on 15 July 2025 in the matter involving Buhle Waste (Pty) Ltd and the awarding of the Department's medical waste tender.
The SCA has overturned the ruling of the Gauteng High Court dated 30 November 2023, which had declared that the tender was invalid due to what it deemed an improper extension of the tender validity period. 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 and which subsequently led to the setting aside the tender.
From the beginning, the GDoH expressed concern that the High Court had acted beyond the scope of the matter brought before it. 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 Supreme Court of Appeal.
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.
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 in the province.