Lesego Thabang Masilo (Pty) Ltd and Another v Transnet Group Capital and Another (28215/2020) [2023] ZAGPPHC 574 (18 July 2023)

Lesego Thabang Masilo (Pty) Ltd and Another v Transnet Group Capital and Another (28215/2020) [2023] ZAGPPHC 574 (18 July 2023)

The court found that the applicants are entitled to the full and complete record of the decision to withdraw the tender, as contemplated by Rule 53. This includes not only the documents that were before the National Acquisition Council but also the records of its deliberations, such as agendas, minutes, and any transcripts. The respondents' argument that the request was too general was rejected, as the law requires disclosure of all material considered in the decision-making process. The court emphasized that judicial review cannot be properly conducted without access to the full record, and the applicants must not be forced to litigate in the dark. The respondents were ordered to...

Citation
[2023] ZAGPPHC 574
Parties
Applicant: Lesego Thabang Masilo (Pty) Ltd; Applicant: Lesego Thabang Masilo; Respondent: Transnet Group Capital; Respondent: Boz Technical Services and Project Management (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
18 July 2023
Case Number
28215/2020
Procedural Posture
Review Application / Interlocutory Application Under Rule 30 a in Pending Review Proceedings
Outcome
Application granted; first respondent ordered to dispatch the outstanding records and pay costs.
Judges
Nyathi
Legal Topics
Rule 53 Record, Review of Administrative Action, Discovery and Evidence, Costs Award
Administrative Law Civil Procedure Rule 53 Record Review of Administrative Action Discovery and Evidence Costs Award

Case Brief

Summary, issues, holding and outcome

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Parties

Lesego Thabang Masilo (Pty) Ltd

Applicant

Lesego Thabang Masilo

Applicant

Transnet Group Capital

Respondent

Boz Technical Services and Project Management (Pty) Ltd

Respondent

Procedural Posture

Review Application / Interlocutory Application Under Rule 30 a in Pending Review Proceedings

Legal Issues

  1. 1 Whether the first respondent has complied with its obligation to dispatch the full and complete record of the decision to withdraw the tender as required by Rule 53.
  2. 2 Whether the deliberations and records relating to the decision-making process by the National Acquisition Council must be disclosed.
  3. 3 Whether the applicants are entitled to costs.

Ratio Decidendi

The court found that the applicants are entitled to the full and complete record of the decision to withdraw the tender, as contemplated by Rule 53. This includes not only the documents that were before the National Acquisition Council but also the records of its deliberations, such as agendas, minutes, and any transcripts. The respondents' argument that the request was too general was rejected, as the law requires disclosure of all material considered in the decision-making process. The court emphasized that judicial review cannot be properly conducted without access to the full record, and the applicants must not be forced to litigate in the dark. The respondents were ordered to...

Court Disposition

Application granted; first respondent ordered to dispatch the outstanding records and pay costs.

Orders

  • The first respondent is ordered to dispatch to the Registrar all records of deliberations and submissions which led to the approval by the National Acquisition Council on 17 April 2019 to withdraw tender number 3[...].0[...].
  • The first respondent must provide records relating to the making of the decision/approval by the National Acquisition Council on 17 April 2019 which resulted in the withdrawal of tender number 3[...].0[...].