Davis and Deale Irrigation (Pty) Ltd and Another v City of Ekurhuleni Metropolitan and Others (2023-071369) [2025] ZAGPJHC 475 (19 May 2025)

Davis and Deale Irrigation (Pty) Ltd and Another v City of Ekurhuleni Metropolitan and Others (2023-071369) [2025] ZAGPJHC 475 (19 May 2025)

The applicants failed to establish the requisites for an interim interdict. The evidence did not support a finding of fraud or mala fide conduct in the awarding of the contract to Malaka. The applicants did not demonstrate a prima facie right, imminent irreparable harm, or that the balance of convenience favoured them. The contract was near its termination date, and there was no evidence of further harm or that the contract would revert to the applicants if set aside. A suitable alternative remedy exists in the form of a delictual claim for loss of profit. The application for an interim interdict is dismissed.

Citation
[2025] ZAGPJHC 475
Parties
Applicant: Davis & Deale Irrigation (Pty) Ltd; Applicant: Xylem Water Solutions South Africa (Pty) Ltd; Applicant: Sensus South Africa (Pty) Ltd; Respondent: The City of Ekurhuleni Metropolitan; Respondent: Malaka Supplies CC; Respondent: PPD Engineering & Hardware Suppliers CC
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
19 May 2025
Case Number
2023-071369
Procedural Posture
Urgent Application / Interim Interdict Pending Review Application
Outcome
Application for interim interdict dismissed. Costs awarded against the first applicant.
Judges
N S Krüger
Legal Topics
Public Procurement, Interim Interdict, Preferential Procurement Policy Framework Act, Fraud in Tender Process, Delictual Damages, Balance of Convenience
Administrative Law Civil Procedure Public Procurement Interim Interdict Preferential Procurement Policy Framework Act Fraud in Tender Process Delictual Damages Balance of Convenience

Case Brief

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Parties

Davis & Deale Irrigation (Pty) Ltd

Applicant

Xylem Water Solutions South Africa (Pty) Ltd

Applicant

Sensus South Africa (Pty) Ltd

Applicant

The City of Ekurhuleni Metropolitan

Respondent

Malaka Supplies CC

Respondent

PPD Engineering & Hardware Suppliers CC

Respondent

Procedural Posture

Urgent Application / Interim Interdict Pending Review Application

Legal Issues

  1. 1 Whether the applicants are entitled to an interim interdict restraining the City of Ekurhuleni Metropolitan from ordering, installing, or purchasing water meter boxes from Malaka and PPD pending review.
  2. 2 Whether the tender process and contract award to Malaka were unlawful, fraudulent, or in breach of statutory and constitutional obligations.
  3. 3 Whether the applicants have established the requisites for an interim interdict, including prima facie right, irreparable harm, balance of convenience, and absence of alternative remedy.

Ratio Decidendi

The applicants failed to establish the requisites for an interim interdict. The evidence did not support a finding of fraud or mala fide conduct in the awarding of the contract to Malaka. The applicants did not demonstrate a prima facie right, imminent irreparable harm, or that the balance of convenience favoured them. The contract was near its termination date, and there was no evidence of further harm or that the contract would revert to the applicants if set aside. A suitable alternative remedy exists in the form of a delictual claim for loss of profit. The application for an interim interdict is dismissed.

Court Disposition

Application for interim interdict dismissed. Costs awarded against the first applicant.

Orders

  • Part A of the application for an interim interdict is dismissed.
  • The first applicant shall pay the first and second respondents' costs of Part A of the application.