Mabotwane Security Services CC v Pikitup Soc (Pty) Ltd and Others (1027/2018) [2019] ZASCA 164 (29 November 2019)

Mabotwane Security Services CC v Pikitup Soc (Pty) Ltd and Others (1027/2018) [2019] ZASCA 164 (29 November 2019)

The appeal was dismissed as moot because the relief sought could have no practical effect or result. Both the original tender and the contract with the second respondent had expired, and the first respondent had insourced its security services, rendering the subject matter of the dispute obsolete. The court found no basis to exercise its discretion to hear the merits, as no discrete legal issue of public importance was present. The appellant's attorneys failed in their duty to avoid unnecessary costs and judicial resource usage, and their rejection of reasonable proposals was indefensible. The court ordered the appellant to pay the costs of the appeal, including the costs of two counsel,...

Citation
[2019] ZASCA 164
Parties
Appellant: Mabotwane Security Services CC; Respondent: Pikitup Soc (Pty) Ltd; Respondent: Sidas Security Guards (Pty) Ltd; Respondent: Fidelity Security Guards (Pty) Ltd; Respondent: Imvula Quality Protection (Pty) Ltd
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
29 November 2019
Case Number
1027/2018
Procedural Posture
Civil Appeal / Appeal From Gauteng Division of the High Court, Pretoria
Outcome
Appeal dismissed as moot under s 16(2)(a)(i) of the Superior Courts Act 10 of 2013.
Judges
Leach, Saldulker, Swain, Mokgohloa, Dlodlo
Legal Topics
Mootness, Review of Tender Award, Preferential Procurement Regulations, Emergency Procurement, Costs Orders
Administrative Law Civil Procedure Mootness Review of Tender Award Preferential Procurement Regulations Emergency Procurement Costs Orders

Case Brief

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Parties

Mabotwane Security Services CC

Appellant

Pikitup Soc (Pty) Ltd

Respondent

Sidas Security Guards (Pty) Ltd

Respondent

Fidelity Security Guards (Pty) Ltd

Respondent

Imvula Quality Protection (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From Gauteng Division of the High Court, Pretoria

Legal Issues

  1. 1 Whether the appeal has become moot and would have no practical effect or result.
  2. 2 Whether the cancellation of the first tender and subsequent procurement decisions by the first respondent were lawful.
  3. 3 Whether the court should exercise its discretion to hear the merits despite mootness due to a public importance issue.

Ratio Decidendi

The appeal was dismissed as moot because the relief sought could have no practical effect or result. Both the original tender and the contract with the second respondent had expired, and the first respondent had insourced its security services, rendering the subject matter of the dispute obsolete. The court found no basis to exercise its discretion to hear the merits, as no discrete legal issue of public importance was present. The appellant's attorneys failed in their duty to avoid unnecessary costs and judicial resource usage, and their rejection of reasonable proposals was indefensible. The court ordered the appellant to pay the costs of the appeal, including the costs of two counsel,...

Court Disposition

Appeal dismissed as moot under s 16(2)(a)(i) of the Superior Courts Act 10 of 2013.

Orders

  • The appeal is dismissed in terms of s 16(2)(a)(i) of the Superior Courts Act 10 of 2013.
  • The appellant is ordered to pay the costs of the appeal, such costs to include the costs of two counsel.