Khuselani Security and Risk Management (Pty) Ltd v Mangaung Metropolitan Municipality (5560/2022) [2024] ZAFSHC 181 (3 June 2024)

Khuselani Security and Risk Management (Pty) Ltd v Mangaung Metropolitan Municipality (5560/2022) [2024] ZAFSHC 181 (3 June 2024)

The court found that the court a quo failed to identify or engage with the specific facts alleged to be in dispute and did not adequately consider whether the disputes could be resolved on the papers. The applicant had delivered the required services, and the respondent did not dispute its indebtedness prior to the answering affidavit. The court held that there are reasonable prospects that another court would reach a different conclusion and find in favour of the applicant. Accordingly, leave to appeal was granted to the Full Court of the Division, and the costs of the application for leave to appeal were ordered to be costs in the appeal.

Citation
[2024] ZAFSHC 181
Parties
Applicant: Khuselani Security and Risk Management (Pty) Ltd; Respondent: Mangaung Metropolitan Municipality
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
3 June 2024
Case Number
5560/2022
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Judgment and Order of Berry, Aj, Delivered on 15 November 2023.
Outcome
Leave to appeal against the whole of the judgment and order of Berry, AJ, dated 16 November 2023, is granted to the Full Court of this Division. Costs of the application for leave to appeal are costs in the appeal.
Judges
C Van Zyl
Legal Topics
Leave to Appeal, Genuine Dispute of Facts, Service Level Agreement, Prescription, Arbitration Clause
Civil Procedure Commercial and Corporate Leave to Appeal Genuine Dispute of Facts Service Level Agreement Prescription Arbitration Clause

Case Brief

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Parties

Khuselani Security and Risk Management (Pty) Ltd

Applicant

Mangaung Metropolitan Municipality

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Judgment and Order of Berry, Aj, Delivered on 15 November 2023.

Legal Issues

  1. 1 Whether the court a quo correctly found that a genuine dispute of facts existed, rendering application proceedings inappropriate.
  2. 2 Whether the respondent identified specific facts genuinely in dispute.
  3. 3 Whether the alleged disputes of fact could be resolved on the papers.

Ratio Decidendi

The court found that the court a quo failed to identify or engage with the specific facts alleged to be in dispute and did not adequately consider whether the disputes could be resolved on the papers. The applicant had delivered the required services, and the respondent did not dispute its indebtedness prior to the answering affidavit. The court held that there are reasonable prospects that another court would reach a different conclusion and find in favour of the applicant. Accordingly, leave to appeal was granted to the Full Court of the Division, and the costs of the application for leave to appeal were ordered to be costs in the appeal.

Court Disposition

Leave to appeal against the whole of the judgment and order of Berry, AJ, dated 16 November 2023, is granted to the Full Court of this Division. Costs of the application for leave to appeal are costs in the appeal.

Orders

  • Leave to appeal against the whole of the judgment and order of Berry, AJ, dated 16 November 2023, is granted to the Full Court of this Division.
  • The costs of the application for leave to appeal are costs in the appeal.