Afrocentric Projects and Services (Pty) Ltd t/a Innovative Distribution v State Information Technology Agency SOC Limited and Others (81609/19) [2021] ZAGPPHC 651 (6 October 2021)

Afrocentric Projects and Services (Pty) Ltd t/a Innovative Distribution v State Information Technology Agency SOC Limited and Others (81609/19) [2021] ZAGPPHC 651 (6 October 2021)

The court found that the applicant failed to meet the stringent threshold for leave to appeal as set out in Section 17(1) of the Superior Courts Act. The grounds advanced by the applicant were thoroughly considered in the main application and did not demonstrate a reasonable prospect that another court would reach a...

Source-derived case information.

Citation
[2021] ZAGPPHC 651
Parties
Applicant: Afrocentric Projects and Services (Pty) Ltd t/a Innovative Distribution; Respondent: State Information Technology Agency SOC Limited; Respondent: Micro Focus Software (Ireland) Limited; Respondent: Axiz (PTV) Limited; Respondent: Xuma Technologies t/a Telecoms; Respondent: Deputy Minister of Communications and Digital Technologies; Respondent: Minister of Finance; Respondent: Director-General Department of National Treasury
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
6 October 2021
Case Number
81609/19
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment and Order of 29 January 2021
Outcome
Application for leave to appeal dismissed with costs, including costs of two counsel.
Judges
Madiba
Legal Topics
Rule 30 Irregular Proceedings, Rule 53 Review, Promotion of Administrative Justice Act, Principle of Legality, Section 217 Constitution, Leave to Appeal Threshold
Civil Procedure Administrative Law Rule 30 Irregular Proceedings Rule 53 Review Promotion of Administrative Justice Act Principle of Legality Section 217 Constitution Leave to Appeal Threshold

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Afrocentric Projects and Services (Pty) Ltd t/a Innovative Distribution

Applicant

State Information Technology Agency SOC Limited

Respondent

Micro Focus Software (Ireland) Limited

Respondent

Axiz (PTV) Limited

Respondent

Xuma Technologies t/a Telecoms

Respondent

Deputy Minister of Communications and Digital Technologies

Respondent

Minister of Finance

Respondent

Director-General Department of National Treasury

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment and Order of 29 January 2021

Legal Issues

  1. 1 Whether the applicant has met the threshold for leave to appeal under Section 17(1) of the Superior Courts Act.
  2. 2 Whether the court erred in its interpretation and application of Rule 30 and Rule 53 of the Uniform Rules of Court.
  3. 3 Whether the termination of the agreement constituted administrative action subject to review under PAJA or the principle of legality.

Ratio Decidendi

The court found that the applicant failed to meet the stringent threshold for leave to appeal as set out in Section 17(1) of the Superior Courts Act. The grounds advanced by the applicant were thoroughly considered in the main application and did not demonstrate a reasonable prospect that another court would reach a different conclusion. The order in the main application was interlocutory and did not finally dispose of the rights of the parties, allowing the applicant to cure procedural defects. The court emphasized that comments made in the main judgment were obiter and not subject to appeal. There were no compelling reasons or prospects of success warranting leave to appeal, and the...

Court Disposition

Application for leave to appeal dismissed with costs, including costs of two counsel.

Orders

  • The application for leave to appeal is dismissed.
  • Costs are awarded against the applicant, including costs of two counsel.