Gert Sibande District Municipality v Bonginkosi Technologies (Pty) Ltd (5459/2022) [2025] ZAMPMHC 37 (4 August 2025)

Gert Sibande District Municipality v Bonginkosi Technologies (Pty) Ltd (5459/2022) [2025] ZAMPMHC 37 (4 August 2025)

The court, after considering the written and oral submissions, found that the applicant had demonstrated reasonable prospects that another court may reach a different conclusion regarding the review of the tender award and the associated agreements. The court did not revisit the merits but was satisfied that the threshold for granting leave to appeal was met. Accordingly, leave to appeal to the Full Court was granted, with costs to be costs in the appeal.

Citation
[2025] ZAMPMHC 37
Parties
Applicant: Gert Sibande District Municipality; Respondent: Bonginkosi Technologies (Pty) Ltd
Court
Middelburg High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
4 August 2025
Case Number
5459/2022
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to Full Court
Outcome
Leave to appeal to the Full Court of this Division is granted.
Judges
Langa
Legal Topics
Leave to Appeal, Review of Tender Award, Service Level Agreement, Declaratory Relief, Costs Award
Civil Procedure Commercial and Corporate Leave to Appeal Review of Tender Award Service Level Agreement Declaratory Relief Costs Award

Case Brief

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Parties

Gert Sibande District Municipality

Applicant

Bonginkosi Technologies (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to Full Court

Legal Issues

  1. 1 Whether the applicant has reasonable prospects of success on appeal against the judgment and orders dismissing the review application and granting the respondent's counterclaim.
  2. 2 Whether leave to appeal should be granted to the Full Court of the Division.

Ratio Decidendi

The court, after considering the written and oral submissions, found that the applicant had demonstrated reasonable prospects that another court may reach a different conclusion regarding the review of the tender award and the associated agreements. The court did not revisit the merits but was satisfied that the threshold for granting leave to appeal was met. Accordingly, leave to appeal to the Full Court was granted, with costs to be costs in the appeal.

Court Disposition

Leave to appeal to the Full Court of this Division is granted.

Orders

  • The application for leave to appeal the judgment and orders of the court dated 04 November 2024 to the Full Court of this Division is granted.
  • The costs to be the costs in the appeal.