Ingerop South Africa (Pty) Ltd v Department of Water and Sanitation and Others (082093/2023) [2023] ZAGPPHC 1172 (13 September 2023)
The court found that the applicant failed to establish sufficient grounds for urgency. The matter did not warrant immediate judicial intervention, and the requirements for urgency as set out in the Uniform Rules of Court were not met. Consequently, the application was struck from the roll, and the applicant was...
Source-derived case information.
- Citation
- [2023] ZAGPPHC 1172
- Parties
- Applicant: Ingerop South Africa (Pty) Ltd; Respondent: Department of Water and Sanitation; Respondent: Bigen African Services (Pty) Ltd; Respondent: Minister of Water and Sanitation N.O.
- Court
- North Gauteng High Court, Pretoria
- Jurisdiction
- South Africa
- Case Number
- 082093/2023
- Procedural Posture
- Urgent Application / Application to Strike From Roll for Lack of Urgency
- Outcome
- Application struck from the roll for lack of urgency; costs awarded against the applicant.
- Judges
- C Pretorius
- Legal Topics
- Urgency, Striking From Roll, Costs Order
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ingerop South Africa (Pty) Ltd
Applicant
Department of Water and Sanitation
Respondent
Bigen African Services (Pty) Ltd
Respondent
Minister of Water and Sanitation N.O.
Respondent
Procedural Posture
Urgent Application / Application to Strike From Roll for Lack of Urgency
Legal Issues
- 1 Whether the application was urgent and should be heard as such.
- 2 Whether the matter should be struck from the roll due to lack of urgency.
- 3 Who should bear the costs of the application.
Ratio Decidendi
The court found that the applicant failed to establish sufficient grounds for urgency. The matter did not warrant immediate judicial intervention, and the requirements for urgency as set out in the Uniform Rules of Court were not met. Consequently, the application was struck from the roll, and the applicant was ordered to pay the costs.
Court Disposition
Application struck from the roll for lack of urgency; costs awarded against the applicant.
Orders
- The application is struck from the roll due to a lack of urgency.
- The applicant is to pay the costs.
Full Case Text
Judgment text and source record
36 paragraphs
REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
Case No. 082093/2023
(1) REPORTABLE: NO
(2) OF INTEREST TO OTHER JUDGES: NO
(3) REVISED:
DATE: 13/9/2023
13 SEPTEMBER 2023
In the matter between:
INGEROP SOUTH AFRICA (PTY) LTD
APPLICANT
And
DEPARTMENT OF WATER AND SANITATION
1ST RESPONDENT
BIGEN AFRICAN SERVICES (PTY) LTD
2ND RESPONDENT
MINISTER OF WATER AND SANITATION N.O.
3RD RESPONDENT
JUDGEMENT
THIS JUDGEMENT HAS BEEN HANDED DOWN REMOTELY AND SHALL BE
CIRCULATED TO THE PARTIES BY WAY OF E-MAIL/ UPLOADING ON CASELINES. ITS DATE OF HAND DOWN SHALL BE DEEMED TO BE 13
SEPTEMBER 2023
PRETORIUS J:
The Court has read the papers, affidavits. heads of argument by Counsel and Listened and considered the arguments by Counsel.
The following order is made:
1. The application is struck from the roll due to a lack of urgency.
2. The applicant to pay the costs.
JUDGE C PRETORIUS
JUDGE OF THE HIGH COURT
Date of Hearing:
8 September 2023
Date of Judgement:
13 September 2023
Appearances:
Applicant counsel: Adv D Mahon 1st & 2nd Respondents counsel: Adv S. Maritz SC