Buhle Waste v Compass Medical Waste Services (Pty) Ltd (5409/2019) [2021] ZAFSHC 320 (2 December 2021)

Buhle Waste v Compass Medical Waste Services (Pty) Ltd (5409/2019) [2021] ZAFSHC 320 (2 December 2021)

The court held that Buhle Waste failed to convince it that there were reasonable prospects of success on appeal or compelling reasons for leave to appeal. The court found that its previous judgment did not conflate the challenged decision with a subsequent one and that mootness did not bar adjudication, as the interests of justice required the matter to be heard. The court reiterated its interpretation of Regulation 16A6.6, stating that participation in another organ of state's contract does not require all services to be identical, but the decision maker must ensure constitutional compliance. The arguments regarding locus standi and executive versus administrative action were previously...

Citation
[2021] ZAFSHC 320
Parties
Applicant: Buhle Waste; Respondent: Compass Medical Waste Services (Pty) Ltd; Respondent: MEC for the Department of Health for the Province of the Free State; Respondent: Province of Limpopo
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
2 December 2021
Case Number
5409/2019
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to Supreme Court of Appeal
Outcome
Application for leave to appeal dismissed with costs.
Judges
Mathebula, Molitsoane
Legal Topics
Leave to Appeal, Mootness, Locus Standi, Executive Vs Administrative Action, Treasury Regulations, Costs Award
Administrative Law Civil Procedure Leave to Appeal Mootness Locus Standi Executive Vs Administrative Action Treasury Regulations Costs Award

Case Brief

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Parties

Buhle Waste

Applicant

Compass Medical Waste Services (Pty) Ltd

Respondent

MEC for the Department of Health for the Province of the Free State

Respondent

Province of Limpopo

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to Supreme Court of Appeal

Legal Issues

  1. 1 Whether the applicant has demonstrated reasonable prospects of success on appeal.
  2. 2 Whether the issue of mootness precludes the granting of leave to appeal.
  3. 3 Whether the court erred in its interpretation of Regulation 16A6.6 of the Treasury Regulations.

Ratio Decidendi

The court held that Buhle Waste failed to convince it that there were reasonable prospects of success on appeal or compelling reasons for leave to appeal. The court found that its previous judgment did not conflate the challenged decision with a subsequent one and that mootness did not bar adjudication, as the interests of justice required the matter to be heard. The court reiterated its interpretation of Regulation 16A6.6, stating that participation in another organ of state's contract does not require all services to be identical, but the decision maker must ensure constitutional compliance. The arguments regarding locus standi and executive versus administrative action were previously...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.