DPP Value S (Pty) Ltd v Midvaal Local Municipality and Another (35218/17) [2017] ZAGPPHC 642 (4 August 2017)

DPP Value S (Pty) Ltd v Midvaal Local Municipality and Another (35218/17) [2017] ZAGPPHC 642 (4 August 2017)

The court found that the applicant failed to establish urgency as required by Rule 6(12). The applicant became aware of the tender award on 3 April 2017 but only launched the application on 24 May 2017, a delay of over seven weeks. The applicant's arguments regarding the lodging of an appeal in terms of section 62 of the Municipal Systems Act were inconsistent and ultimately conceded that no valid appeal was filed. The court held that the only internal remedy available was an appeal under section 62, which the applicant failed to pursue. The shifting positions in the applicant's affidavits undermined its case for urgency. Consequently, the application was struck off the roll for lack of...

Citation
[2017] ZAGPPHC 642
Parties
Applicant: DPP Values (Pty) Ltd; Respondent: Midvaal Local Municipality; Respondent: Niel Deklerk (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
4 August 2017
Case Number
35218/17
Procedural Posture
Urgent Application / Application to Strike Off for Lack of Urgency
Outcome
Application struck off the roll for lack of urgency, with costs awarded against the applicant on the attorney and client scale.
Judges
TJ Raulinga
Legal Topics
Municipal Tender Review, Internal Remedies Exhaustion, Urgency Requirements, Preferential Procurement Policy Framework Act, Local Government Municipal Systems Act
Administrative Law Civil Procedure Municipal Tender Review Internal Remedies Exhaustion Urgency Requirements Preferential Procurement Policy Framework Act Local Government Municipal Systems Act

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Parties

DPP Values (Pty) Ltd

Applicant

Midvaal Local Municipality

Respondent

Niel Deklerk (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Application to Strike Off for Lack of Urgency

Legal Issues

  1. 1 Whether the application is urgent and should be heard as such.
  2. 2 Whether the applicant exhausted internal remedies before approaching the court.
  3. 3 Whether the applicant lodged a valid appeal in terms of section 62 of the Municipal Systems Act.

Ratio Decidendi

The court found that the applicant failed to establish urgency as required by Rule 6(12). The applicant became aware of the tender award on 3 April 2017 but only launched the application on 24 May 2017, a delay of over seven weeks. The applicant's arguments regarding the lodging of an appeal in terms of section 62 of the Municipal Systems Act were inconsistent and ultimately conceded that no valid appeal was filed. The court held that the only internal remedy available was an appeal under section 62, which the applicant failed to pursue. The shifting positions in the applicant's affidavits undermined its case for urgency. Consequently, the application was struck off the roll for lack of...

Court Disposition

Application struck off the roll for lack of urgency, with costs awarded against the applicant on the attorney and client scale.

Orders

  • The application is struck off the roll for lack of urgency.
  • The applicant is ordered to pay the costs of the application on the scale as between attorney and client.