Avenir Holding (Pty) Ltd v Department of Public Works, Roads and Transport, Mpumalanga Provincial Government (4359/2021) [2022] ZAMPMBHC 45 (10 June 2022)

Avenir Holding (Pty) Ltd v Department of Public Works, Roads and Transport, Mpumalanga Provincial Government (4359/2021) [2022] ZAMPMBHC 45 (10 June 2022)

The applicant failed to show good cause for its delay in issuing the required notice to the respondents. The explanation provided for the delay, including reliance on the Covid-19 lockdown, was insufficient, as correspondence continued during the relevant period and no adequate reason was given for not dispatching the notice via email or after operations resumed. Furthermore, the applicant did not attach the cession agreement or its alleged extension, and the respondents' evidence demonstrated that the cession agreement was limited in scope and had lapsed upon completion of the work and payment. The applicant therefore lacked locus standi to claim against the respondents, and there were...

Citation
[2022] ZAMPMBHC 45
Parties
Applicant: Avenir Holding (Pty) Ltd; Respondent: Department of Public Works, Roads and Transport, Mpumalanga Provincial Government; Respondent: MEC for the Department of Public Works, Roads and Transport; Respondent: Ntsangalala Holding (Pty) Ltd
Court
Mbombela High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
10 June 2022
Case Number
4359/2021
Procedural Posture
Condonation Application / Judgment
Outcome
Application dismissed with costs.
Judges
TV Ratshibvumo
Legal Topics
Condonation, Institution of Legal Proceedings Against Organs of State, Locus Standi, Cession Agreement, Prospects of Success
Civil Procedure Condonation Institution of Legal Proceedings Against Organs of State Locus Standi Cession Agreement Prospects of Success

Case Brief

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Parties

Avenir Holding (Pty) Ltd

Applicant

Department of Public Works, Roads and Transport, Mpumalanga Provincial Government

Respondent

MEC for the Department of Public Works, Roads and Transport

Respondent

Ntsangalala Holding (Pty) Ltd

Respondent

Procedural Posture

Condonation Application / Judgment

Legal Issues

  1. 1 Whether the applicant has shown good cause for its failure to issue a notice of intention to institute legal proceedings against the respondents as required by section 3 of the Institution of Legal Proceedings Against Certain Organs of State Act.
  2. 2 Whether the applicant has prospects of success in its claim against the respondents, considering the existence and scope of the cession agreement.
  3. 3 Whether the applicant has locus standi to institute proceedings against the respondents.

Ratio Decidendi

The applicant failed to show good cause for its delay in issuing the required notice to the respondents. The explanation provided for the delay, including reliance on the Covid-19 lockdown, was insufficient, as correspondence continued during the relevant period and no adequate reason was given for not dispatching the notice via email or after operations resumed. Furthermore, the applicant did not attach the cession agreement or its alleged extension, and the respondents' evidence demonstrated that the cession agreement was limited in scope and had lapsed upon completion of the work and payment. The applicant therefore lacked locus standi to claim against the respondents, and there were...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed.
  • The applicant is ordered to pay the costs of this application.