Mantladi Technologies (Pty) Ltd v National Treasury and Others (36978/2022) [2022] ZAGPPHC 625 (24 August 2022)

Mantladi Technologies (Pty) Ltd v National Treasury and Others (36978/2022) [2022] ZAGPPHC 625 (24 August 2022)

The court found that while the applicant had established a prima facie right and raised strong grounds of review, it failed to demonstrate a well-grounded apprehension of irreparable harm. The potential loss to the applicant was limited to profit, which could be remedied if it succeeded in the review. In contrast, granting the interim interdict would cause significant harm to state departments and the public by disrupting the supply of vital wound care products, potentially endangering lives. The balance of convenience therefore favoured the respondents and the public interest. The applicant also had other remedies available, such as expediting the review process. Consequently, the...

Citation
[2022] ZAGPPHC 625
Parties
Applicant: Mantladi Technologies (Pty) Ltd; Respondent: National Treasury; Respondent: Department of Health; Respondent: Minister of Finance; Respondent: Competition Commission of South Africa; Respondent: Nuangle Solutions (Pty) Ltd; Respondent: Mothudi Services (Pty) Ltd; Respondent: Logan Medical & Surgical (Pty) Ltd; Respondent: Endomed Medical & Surgical Supplies CC
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
24 August 2022
Case Number
36978/2022
Procedural Posture
Urgent Application / Application for Interim Interdict Pending Review
Outcome
Application for interim interdict dismissed with costs, including costs of two counsel.
Judges
E.M Kubushi
Legal Topics
Interim Interdict, Tender Review, Promotion of Administrative Justice Act, Public Procurement, Balance of Convenience
Administrative Law Civil Procedure Interim Interdict Tender Review Promotion of Administrative Justice Act Public Procurement Balance of Convenience

Case Brief

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Parties

Mantladi Technologies (Pty) Ltd

Applicant

National Treasury

Respondent

Department of Health

Respondent

Minister of Finance

Respondent

Competition Commission of South Africa

Respondent

Nuangle Solutions (Pty) Ltd

Respondent

Mothudi Services (Pty) Ltd

Respondent

Logan Medical & Surgical (Pty) Ltd

Respondent

Endomed Medical & Surgical Supplies CC

Respondent

Procedural Posture

Urgent Application / Application for Interim Interdict Pending Review

Legal Issues

  1. 1 Whether the applicant has established strong grounds of review likely to succeed in the main review.
  2. 2 Whether the requirements for the granting of an interim interdict have been met.
  3. 3 Whether the balance of convenience favours granting the interim interdict.

Ratio Decidendi

The court found that while the applicant had established a prima facie right and raised strong grounds of review, it failed to demonstrate a well-grounded apprehension of irreparable harm. The potential loss to the applicant was limited to profit, which could be remedied if it succeeded in the review. In contrast, granting the interim interdict would cause significant harm to state departments and the public by disrupting the supply of vital wound care products, potentially endangering lives. The balance of convenience therefore favoured the respondents and the public interest. The applicant also had other remedies available, such as expediting the review process. Consequently, the...

Court Disposition

Application for interim interdict dismissed with costs, including costs of two counsel.

Orders

  • The application is dismissed.
  • The applicant is ordered to pay the costs of the application, including the costs consequent upon the employment of two counsel.