DC Security (Pty) Ltd t/a DC Security v Western Cape Provincial Government and Others (7102/2022) [2022] ZAWCHC 53 (22 April 2022)

Parties

Procedural Posture

Urgent Application / Interim Interdict Pending Judgment in Consolidated Review Application

Legal Issues

1. 1 Whether the applicant is entitled to interim interdictory relief preventing termination of its security services contract pending judgment in the main review application.
2. 2 Whether the balance of convenience and irreparable harm favour the granting of interim relief.
3. 3 Whether the government respondents' appointment of the fifth respondent complies with constitutional procurement obligations.

Ratio Decidendi

The court found that the applicant demonstrated a prima facie right threatened by imminent irreparable harm, particularly regarding the employment of its security staff and the potential reversal of its position upon delivery of the main review judgment. The balance of convenience favoured the applicant, as the government respondents failed to explain the urgency of terminating the contract after a prolonged delay in implementing the tender. The court was not persuaded that the harm to the government respondents outweighed the prejudice to the applicant. The non-variation clause did not apply to the month-to-month extensions, and the applicant's right to review extended until judgment was...

Court Disposition

Interim interdict granted pending the return date and judgment in the main review application; costs reserved.

Orders

• Pending the return date on 1 September 2022 at 10h00, an interim interdict is issued interdicting the government respondents from terminating any contracts under which the applicant is currently rendering security services in the Winelands Area and specifically the hospital in Paarl.
• The parties are granted leave to supplement their papers pending the return date to address further developments regarding the core issues.