Channel Construction (Pty) Ltd v Transnet SOC and Others (2024/111291) [2025] ZAGPJHC 51 (21 January 2025)
The applicant failed to establish a prima facie right to the interim interdict. The right to review, in itself, does not constitute the required right for interim relief. The applicant conceded its bid did not meet the strict mandatory qualifications of the tender, undermining its prospects of success in the review. The separation of powers doctrine requires courts to exercise restraint in interfering with statutory functions of state entities, and such interdicts are granted only in the clearest of cases, which was not demonstrated here. No mala fides or breach of fundamental rights was established. Furthermore, the application may be time-barred under PAJA's 180 day limit, and no...
- Citation
- [2025] ZAGPJHC 51
- Parties
- Applicant: Channel Construction (Pty) Ltd; Respondent: Transnet SOC Ltd; Respondent: Mbali Industrial Solutions (Pty) Ltd; Respondent: Bureau Veritas (Pty) Ltd; Respondent: Dormac (Pty) Ltd; Respondent: Pro Auto Rubber CC; Respondent: 6Sigma (Pty) Ltd; Respondent: Isiphethu/Amabutho JV; Respondent: Stefanutti Stocks (Pty) Ltd; Respondent: Amulet Group (Pty) Ltd; Respondent: MMK Gauges BICS Engineering JV; Respondent: Enelad (Pty) Ltd; Respondent: Africa Projects Consultants; Respondent: Damien Shipyards (Pty) Ltd; Respondent: Guerrini Marine Construction CC; Respondent: ZM Services (Pty) Ltd
- Court
- South Gauteng High Court, Johannesburg
- Jurisdiction
- South Africa
- Judgment Date
- 21 January 2025
- Case Number
- 2024/111291
- Procedural Posture
- Urgent Application / Interim Interdict (part A) Pending Review
- Outcome
- Application for interim interdict (Part A) dismissed with costs.
- Judges
- Fisher
- Legal Topics
- Public Procurement, Interim Interdict, Paja 180 Day Limit, Separation of Powers, Bid Disqualification
Case Brief
Summary, issues, holding and outcome
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Parties
Channel Construction (Pty) Ltd
Applicant
Transnet SOC Ltd
Respondent
Mbali Industrial Solutions (Pty) Ltd
Respondent
Bureau Veritas (Pty) Ltd
Respondent
Dormac (Pty) Ltd
Respondent
Pro Auto Rubber CC
Respondent
6Sigma (Pty) Ltd
Respondent
Isiphethu/Amabutho JV
Respondent
Stefanutti Stocks (Pty) Ltd
Respondent
Amulet Group (Pty) Ltd
Respondent
MMK Gauges BICS Engineering JV
Respondent
Enelad (Pty) Ltd
Respondent
Africa Projects Consultants
Respondent
Damien Shipyards (Pty) Ltd
Respondent
Guerrini Marine Construction CC
Respondent
ZM Services (Pty) Ltd
Respondent
Procedural Posture
Urgent Application / Interim Interdict (part A) Pending Review
Legal Issues
- 1 Whether the applicant is entitled to an interim interdict restraining implementation of the tender pending review.
- 2 Whether the applicant has established a prima facie right to relief under the Setlogelo test.
- 3 Whether urgency is established for the interim relief.
Ratio Decidendi
The applicant failed to establish a prima facie right to the interim interdict. The right to review, in itself, does not constitute the required right for interim relief. The applicant conceded its bid did not meet the strict mandatory qualifications of the tender, undermining its prospects of success in the review. The separation of powers doctrine requires courts to exercise restraint in interfering with statutory functions of state entities, and such interdicts are granted only in the clearest of cases, which was not demonstrated here. No mala fides or breach of fundamental rights was established. Furthermore, the application may be time-barred under PAJA's 180 day limit, and no...
Court Disposition
Application for interim interdict (Part A) dismissed with costs.
Orders
- Part A of the application is dismissed with costs, such costs to be taxed according to scale C.
Full Case Text
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