Kobitec (Pty) Ltd and Another v eThekwini Municipality and Another (5984/2010) [2011] ZAKZPHC 44 (18 October 2011)

Kobitec (Pty) Ltd and Another v eThekwini Municipality and Another (5984/2010) [2011] ZAKZPHC 44 (18 October 2011)

The court found that the oral agreement between the municipality and Law Active (Pty) Ltd was lawfully concluded under the relevant ordinance and did not constitute administrative action capable of review. The arrangement was not reduced to writing but was implemented and operated for over seven years without challenge. The municipality was not obliged to afford Korbitec or the public electronic access to its rates clearance data on terms equal to those granted to Law, as the information in question was not in the public domain and Korbitec had no greater entitlement than any member of the public. The refusal to contract with Korbitec was not an administrative decision but a commercial...

Citation
[2011] ZAKZPHC 44
Parties
Applicant: Kobitec (Pty) Ltd; Applicant: Legalperfect Software Solution (Pty) Ltd; Respondent: eThekwini Municipality; Respondent: Law Active (Pty) Limited
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
18 October 2011
Case Number
5984/2010
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs, including costs of two counsel, jointly and severally against the applicants.
Judges
Mbatha
Legal Topics
Municipal Contracting, Exclusive Access to Information, Review of Administrative Action, Rates Clearance Certificates
Administrative Law Civil Procedure Municipal Contracting Exclusive Access to Information Review of Administrative Action Rates Clearance Certificates

Case Brief

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Parties

Kobitec (Pty) Ltd

Applicant

Legalperfect Software Solution (Pty) Ltd

Applicant

eThekwini Municipality

Respondent

Law Active (Pty) Limited

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the oral agreement between the municipality and Law Active (Pty) Ltd constituted administrative action capable of review.
  2. 2 Whether the municipality was obliged to afford Korbitec and the public electronic access to its rates clearance data on terms no less favourable than those granted to Law.
  3. 3 Whether the municipality's refusal to contract with Korbitec amounted to unlawful or unfair administrative action.

Ratio Decidendi

The court found that the oral agreement between the municipality and Law Active (Pty) Ltd was lawfully concluded under the relevant ordinance and did not constitute administrative action capable of review. The arrangement was not reduced to writing but was implemented and operated for over seven years without challenge. The municipality was not obliged to afford Korbitec or the public electronic access to its rates clearance data on terms equal to those granted to Law, as the information in question was not in the public domain and Korbitec had no greater entitlement than any member of the public. The refusal to contract with Korbitec was not an administrative decision but a commercial...

Court Disposition

Application dismissed with costs, including costs of two counsel, jointly and severally against the applicants.

Orders

  • The application is dismissed with costs, including the costs consequent on the employment of two counsel.
  • The order as to costs is made against the applicants jointly and severally, the one paying the other to be absolved.