Mabotwane Security Services CC v Sekhukhune District Municipality and Others (2425/2020) [2020] ZALMPPHC 96 (8 September 2020)

Mabotwane Security Services CC v Sekhukhune District Municipality and Others (2425/2020) [2020] ZALMPPHC 96 (8 September 2020)

The court found that the applicant failed to demonstrate genuine urgency as required by Rule 6(12)(b) of the Uniform Rules of Court. The delay between being notified to vacate the site and launching the application was not reasonably explained, and no attempt at settlement or exhaustion of internal remedies was shown. The urgency was deemed self-manufactured, and the applicant could obtain substantial redress at a hearing in due course. The application sought final relief, which is not appropriate for urgent proceedings. Consequently, the application was struck from the urgent roll with costs.

Citation
[2020] ZALMPPHC 96
Parties
Applicant: Mabotwane Security Services CC; Respondent: Sekhukhune District Municipality; Respondent: Mogola Security & Cleaning; Respondent: Tubatse Security Service (Pty) Limited; Respondent: Sesane Projects CC; Respondent: Fetakgomo Tubatse Local Municipality
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
8 September 2020
Case Number
2425/2020
Procedural Posture
Urgent Application / Application to Strike Matter From Urgent Roll
Outcome
Application struck from the urgent court roll with costs.
Judges
MG Phatudi
Legal Topics
Rule 6 Urgent Applications, Tender Review, Delay and Self Manufactured Urgency, Substantial Redress, Constitutional Invalidity
Civil Procedure Administrative Law Rule 6 Urgent Applications Tender Review Delay and Self Manufactured Urgency Substantial Redress Constitutional Invalidity

Case Brief

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Parties

Mabotwane Security Services CC

Applicant

Sekhukhune District Municipality

Respondent

Mogola Security & Cleaning

Respondent

Tubatse Security Service (Pty) Limited

Respondent

Sesane Projects CC

Respondent

Fetakgomo Tubatse Local Municipality

Respondent

Procedural Posture

Urgent Application / Application to Strike Matter From Urgent Roll

Legal Issues

  1. 1 Whether the applicant established sufficient urgency to justify hearing the matter on the urgent roll.
  2. 2 Whether the delay in launching the application was reasonable and adequately explained.
  3. 3 Whether substantial redress could be obtained at a hearing in due course.

Ratio Decidendi

The court found that the applicant failed to demonstrate genuine urgency as required by Rule 6(12)(b) of the Uniform Rules of Court. The delay between being notified to vacate the site and launching the application was not reasonably explained, and no attempt at settlement or exhaustion of internal remedies was shown. The urgency was deemed self-manufactured, and the applicant could obtain substantial redress at a hearing in due course. The application sought final relief, which is not appropriate for urgent proceedings. Consequently, the application was struck from the urgent roll with costs.

Court Disposition

Application struck from the urgent court roll with costs.

Orders

  • The application is struck from the urgent court roll with costs.