Essa N.O and Others v National Regulator for Compulsory Specifications and Others (38439/2021) [2021] ZAGPPHC 669 (20 October 2021)

Essa N.O and Others v National Regulator for Compulsory Specifications and Others (38439/2021) [2021] ZAGPPHC 669 (20 October 2021)

The application for urgent interdictory relief is fatally flawed due to the applicants' unexplained delay in instituting proceedings. The Trust was informed of its unsuccessful bid on 28 May 2021 but only launched the application on 2 August 2021, with no satisfactory explanation for the delay. The applicants failed...

Source-derived case information.

Citation
[2021] ZAGPPHC 669
Parties
Applicant: Adbool Kader Essa N.O; Applicant: Mohamed Irshad Essa N.O; Applicant: Zuleka Bibi Jeewa N.O; Respondent: National Regulator for Compulsory Specifications; Respondent: Edward Mamdise; Respondent: Lulame Qupe; Respondent: Hazelside Properties (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
20 October 2021
Case Number
38439/2021
Procedural Posture
Urgent Application / Application for Urgent Interdict Pending Review; Struck From Roll
Outcome
Application struck from the Urgent Court roll; costs awarded against applicants.
Judges
G Malindi
Legal Topics
Public Procurement, Interdictory Relief, Promotion of Administrative Justice Act, Bid Evaluation, Review Proceedings, Delay and Urgency
Administrative Law Civil Procedure Commercial and Corporate Public Procurement Interdictory Relief Promotion of Administrative Justice Act Bid Evaluation Review Proceedings +1 more

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Parties

Adbool Kader Essa N.O

Applicant

Mohamed Irshad Essa N.O

Applicant

Zuleka Bibi Jeewa N.O

Applicant

National Regulator for Compulsory Specifications

Respondent

Edward Mamdise

Respondent

Lulame Qupe

Respondent

Hazelside Properties (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Application for Urgent Interdict Pending Review; Struck From Roll

Legal Issues

  1. 1 Whether the application for urgent interdictory relief pending review is urgent and justified.
  2. 2 Whether the applicants have established a prima facie or clear right to the relief sought.
  3. 3 Whether the delay in bringing the application is fatal to the relief sought.

Ratio Decidendi

The application for urgent interdictory relief is fatally flawed due to the applicants' unexplained delay in instituting proceedings. The Trust was informed of its unsuccessful bid on 28 May 2021 but only launched the application on 2 August 2021, with no satisfactory explanation for the delay. The applicants failed to pursue review proceedings under Rule 53, which would have expedited the process and allowed supplementation of grounds. The alleged negotiations with respondents are denied and, even if they occurred, do not excuse non-compliance with procedural requirements. Furthermore, the Trust was eliminated at the functionality evaluation stage, rendering its price irrelevant at the...

Court Disposition

Application struck from the Urgent Court roll; costs awarded against applicants.

Orders

  • The application is struck from the Urgent Court roll.
  • The applicants are to pay the costs of this application on a party and party scale, jointly and severally, the one to paying the others to be absolved.