DDP Valuers (Pty) Ltd v Madibeng Local Municipality (233/2015) [2015] ZASCA 146 (1 October 2015)

DDP Valuers (Pty) Ltd v Madibeng Local Municipality (233/2015) [2015] ZASCA 146 (1 October 2015)

Regulation 50 of the Municipal Supply Chain Management Regulations does not constitute an internal remedy as contemplated by section 7(2) of PAJA. The mechanism provides for dispute resolution but does not empower the appointed person to set aside or vary the municipality's decision. There is no prescribed procedure or remedial outcome, and the regulation expressly preserves the right to approach a court at any time. The appellant was therefore not required to exhaust this mechanism before instituting judicial review proceedings. The High Court erred in upholding the point in limine and dismissing the application. The appeal succeeds, the order of the court a quo is set aside, and the...

Citation
[2015] ZASCA 146
Parties
Appellant: DDP Valuers (Pty) Ltd; Respondent: Madibeng Local Municipality; Respondent: Dijalo Property Valuers
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
1 October 2015
Case Number
233/2015
Procedural Posture
Civil Appeal / Appeal From Gauteng Division of the High Court, Pretoria
Outcome
Appeal upheld; order of the court a quo set aside; matter remitted for decision on the merits.
Judges
Mpati, Lewis, Mhlantla, Bosielo, Swain
Legal Topics
Promotion of Administrative Justice Act, Municipal Tender Review, Internal Remedies, Preferential Procurement, Exhaustion of Remedies
Administrative Law Civil Procedure Promotion of Administrative Justice Act Municipal Tender Review Internal Remedies Preferential Procurement Exhaustion of Remedies

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

DDP Valuers (Pty) Ltd

Appellant

Madibeng Local Municipality

Respondent

Dijalo Property Valuers

Respondent

Procedural Posture

Civil Appeal / Appeal From Gauteng Division of the High Court, Pretoria

Legal Issues

  1. 1 Whether regulation 50 of the Municipal Supply Chain Management Regulations constitutes an internal remedy as contemplated by section 7(2) of PAJA.
  2. 2 Whether the appellant was required to exhaust internal remedies before instituting judicial review proceedings.
  3. 3 Whether the High Court erred in upholding the point in limine and dismissing the application for review.

Ratio Decidendi

Regulation 50 of the Municipal Supply Chain Management Regulations does not constitute an internal remedy as contemplated by section 7(2) of PAJA. The mechanism provides for dispute resolution but does not empower the appointed person to set aside or vary the municipality's decision. There is no prescribed procedure or remedial outcome, and the regulation expressly preserves the right to approach a court at any time. The appellant was therefore not required to exhaust this mechanism before instituting judicial review proceedings. The High Court erred in upholding the point in limine and dismissing the application. The appeal succeeds, the order of the court a quo is set aside, and the...

Court Disposition

Appeal upheld; order of the court a quo set aside; matter remitted for decision on the merits.

Orders

  • The appeal is upheld with costs.
  • The first and second respondents are ordered to pay the costs of the appeal jointly and severally, the one paying the other to be absolved.