Kgwerano Solutions (Pty) Limited v Transnet SOC Limited and Another (22782/21) [2022] ZAGPPHC 934 (30 November 2022)

Kgwerano Solutions (Pty) Limited v Transnet SOC Limited and Another (22782/21) [2022] ZAGPPHC 934 (30 November 2022)

The court found that the ombud (second respondent) is functus officio after delivering its award and cannot clarify, rectify, or reword its decision unless it is reviewed and set aside. The applicant's request for clarity goes to the substance of the award and, if granted, would amount to the ombud revisiting or altering its final determination, which is impermissible. The applicant failed to adequately plead and establish the requirements for a mandamus, including a clear right, actual injury, and absence of alternative remedy. The court held that the applicant's application is fatally flawed on preliminary grounds and dismissed it without considering the merits further. Costs were...

Citation
[2022] ZAGPPHC 934
Parties
Applicant: Kgwerano Solutions (Pty) Limited; Respondent: Transnet SOC Limited; Respondent: Ncube Incorporated
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
30 November 2022
Case Number
22782/21
Procedural Posture
Review Application / Final Judgment on Application to Compel Ombud to Clarify Award
Outcome
Application dismissed with costs, including costs of two counsel.
Judges
S S Madiba
Legal Topics
Ombud Jurisdiction, Functus Officio, Mandamus, Bid Procurement Dispute, Contractual Liability, Costs Award
Administrative Law Civil Procedure Commercial and Corporate Ombud Jurisdiction Functus Officio Mandamus Bid Procurement Dispute Contractual Liability +1 more

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Parties

Kgwerano Solutions (Pty) Limited

Applicant

Transnet SOC Limited

Respondent

Ncube Incorporated

Respondent

Procedural Posture

Review Application / Final Judgment on Application to Compel Ombud to Clarify Award

Legal Issues

  1. 1 Whether the ombud (second respondent) is empowered to clarify, rectify, or reword its award after it has been delivered.
  2. 2 Whether the applicant has satisfied the requirements for a mandamus compelling the ombud to act.
  3. 3 Whether the award is ambiguous and requires judicial intervention for clarification.

Ratio Decidendi

The court found that the ombud (second respondent) is functus officio after delivering its award and cannot clarify, rectify, or reword its decision unless it is reviewed and set aside. The applicant's request for clarity goes to the substance of the award and, if granted, would amount to the ombud revisiting or altering its final determination, which is impermissible. The applicant failed to adequately plead and establish the requirements for a mandamus, including a clear right, actual injury, and absence of alternative remedy. The court held that the applicant's application is fatally flawed on preliminary grounds and dismissed it without considering the merits further. Costs were...

Court Disposition

Application dismissed with costs, including costs of two counsel.

Orders

  • The application is dismissed.
  • The applicant is ordered to pay costs including costs of two counsel.