Kwnel Empire (Pty) Ltd v Eskom Holdings Soc Limited (2019/32080) [2019] ZAGPJHC 410 (8 October 2019)

Kwnel Empire (Pty) Ltd v Eskom Holdings Soc Limited (2019/32080) [2019] ZAGPJHC 410 (8 October 2019)

The court found that the applicant failed to act with the necessary urgency after becoming aware of the tender cancellation in February 2019 and Eskom's intention to proceed with a new tender process. The applicant's delay in launching the urgent application was not satisfactorily explained, and the urgency was deemed self-created. The applicant did not meet the threshold prescribed in Rule 6(12)(b) for urgent relief. Consequently, the application was struck from the roll for lack of urgency, and costs were awarded to the respondent.

Citation
[2019] ZAGPJHC 410
Parties
Applicant: Kwnel Empire (Pty) Limited; Respondent: Eskom Holdings SOC Limited
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
8 October 2019
Case Number
2019/32080
Procedural Posture
Urgent Application / Interim Interdict Application (part A) Prior to Review (part B)
Outcome
Urgent application struck from the roll for lack of urgency; costs awarded to respondent.
Judges
L R Adams
Legal Topics
Interim Interdict, Urgency Rule 6 12, Tender Cancellation, Review of Administrative Action
Administrative Law Civil Procedure Interim Interdict Urgency Rule 6 12 Tender Cancellation Review of Administrative Action

Case Brief

Summary, issues, holding and outcome

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Parties

Kwnel Empire (Pty) Limited

Applicant

Eskom Holdings SOC Limited

Respondent

Procedural Posture

Urgent Application / Interim Interdict Application (part A) Prior to Review (part B)

Legal Issues

  1. 1 Whether the applicant's urgent application for interim interdictory relief meets the requirements of urgency under Rule 6(12).
  2. 2 Whether the delay in launching the urgent application is justified.
  3. 3 Whether the applicant is entitled to interim relief pending the review of Eskom's tender cancellation decision.

Ratio Decidendi

The court found that the applicant failed to act with the necessary urgency after becoming aware of the tender cancellation in February 2019 and Eskom's intention to proceed with a new tender process. The applicant's delay in launching the urgent application was not satisfactorily explained, and the urgency was deemed self-created. The applicant did not meet the threshold prescribed in Rule 6(12)(b) for urgent relief. Consequently, the application was struck from the roll for lack of urgency, and costs were awarded to the respondent.

Court Disposition

Urgent application struck from the roll for lack of urgency; costs awarded to respondent.

Orders

  • The applicant’s urgent application is struck from the urgent court roll due to lack of urgency.
  • The applicant shall pay the respondent’s costs of this urgent application.