Dimension Data (Pty) Ltd v Minister of Justice and Constitutional Development and Another (25737/2016) [2016] ZAGPPHC 842 (20 September 2016)

Dimension Data (Pty) Ltd v Minister of Justice and Constitutional Development and Another (25737/2016) [2016] ZAGPPHC 842 (20 September 2016)

The court found that the applicant was aware of the tender award and the implementation schedule as early as February 2015, received all relevant documentation, and actively participated in the transition to the new system. Despite repeated threats to seek urgent relief, the applicant delayed launching the urgent application for sixteen months after the award and only after substantial implementation of the new system. The court held that the applicant failed to act expeditiously and that the matter was not urgent. The progress made in installing the CRT system and the applicant's involvement in the transition further undermined any claim to urgency. The court emphasized the importance of...

Citation
[2016] ZAGPPHC 842
Parties
Applicant: Dimension Data (Pty) Ltd; Respondent: Minister of Justice and Constitutional Development; Respondent: Datacentrix (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
20 September 2016
Case Number
25737/2016
Procedural Posture
Urgent Application / Application for Urgent Interim Interdict Pending Review
Outcome
Application struck from the roll for lack of urgency; costs awarded to both respondents, including costs of two counsel.
Judges
AC Basson
Legal Topics
Public Procurement, Interim Interdict, Delay in Review, Promotion of Administrative Justice Act, Costs Order
Administrative Law Civil Procedure Public Procurement Interim Interdict Delay in Review Promotion of Administrative Justice Act Costs Order

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Parties

Dimension Data (Pty) Ltd

Applicant

Minister of Justice and Constitutional Development

Respondent

Datacentrix (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Application for Urgent Interim Interdict Pending Review

Legal Issues

  1. 1 Whether the applicant is entitled to urgent interim relief to interdict the implementation of the tender pending review.
  2. 2 Whether the delay in bringing the application defeats urgency and justifies striking the matter from the roll.
  3. 3 Whether the applicant acted expeditiously in challenging the award of the tender.

Ratio Decidendi

The court found that the applicant was aware of the tender award and the implementation schedule as early as February 2015, received all relevant documentation, and actively participated in the transition to the new system. Despite repeated threats to seek urgent relief, the applicant delayed launching the urgent application for sixteen months after the award and only after substantial implementation of the new system. The court held that the applicant failed to act expeditiously and that the matter was not urgent. The progress made in installing the CRT system and the applicant's involvement in the transition further undermined any claim to urgency. The court emphasized the importance of...

Court Disposition

Application struck from the roll for lack of urgency; costs awarded to both respondents, including costs of two counsel.

Orders

  • The matter is not urgent and is struck from the roll with costs.
  • Costs to include the costs of two counsel for both the first and second respondents.