Mavo & Josi Trading CC v Matoane and Others (32156/2012) [2013] ZAGPPHC 423 (10 December 2013)

Mavo & Josi Trading CC v Matoane and Others (32156/2012) [2013] ZAGPPHC 423 (10 December 2013)

The applicant failed to provide a reasonable explanation for its default, as it neglected to update its registered address and only did so months after moving. The explanation was not provided in the founding affidavit but only in reply, which is insufficient. The applicant did not disclose a bona fide defence, as...

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Citation
[2013] ZAGPPHC 423
Parties
Applicant: Mavo & Josi Trading CC; Respondent: T Matoane; Respondent: Emalahleni Local Municipality; Respondent: Member of Executive Council: Co-operative Governance and Traditional Affairs – Mpumalanga Province; Respondent: The Head of Department (HOD), Department of Finance: Mpumalanga Provincial Government; Respondent: The Minister: National Treasury; Respondent: Khupukani JV Izingwenya Security
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
10 December 2013
Case Number
32156/2012
Procedural Posture
Rescission Application / Application for Rescission of Default Judgment Under Rule 31(2)(b)
Outcome
Application dismissed with costs.
Judges
R G Tolmay
Legal Topics
Municipal Tender Award, Rescission of Judgment, Preferential Procurement Policy Framework Act, Municipal Finance Management Act, Promotion of Administrative Justice Act
Administrative Law Civil Procedure Municipal Tender Award Rescission of Judgment Preferential Procurement Policy Framework Act Municipal Finance Management Act Promotion of Administrative Justice Act

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Parties

Mavo & Josi Trading CC

Applicant

T Matoane

Respondent

Emalahleni Local Municipality

Respondent

Member of Executive Council: Co-operative Governance and Traditional Affairs – Mpumalanga Province

Respondent

The Head of Department (HOD), Department of Finance: Mpumalanga Provincial Government

Respondent

The Minister: National Treasury

Respondent

Khupukani JV Izingwenya Security

Respondent

Procedural Posture

Rescission Application / Application for Rescission of Default Judgment Under Rule 31(2)(b)

Legal Issues

  1. 1 Whether the applicant provided a reasonable explanation for its default in not opposing the review application.
  2. 2 Whether the rescission application was bona fide and not intended merely to delay the claim.
  3. 3 Whether the applicant disclosed a bona fide defence to the case on which the default judgment was based.

Ratio Decidendi

The applicant failed to provide a reasonable explanation for its default, as it neglected to update its registered address and only did so months after moving. The explanation was not provided in the founding affidavit but only in reply, which is insufficient. The applicant did not disclose a bona fide defence, as the tender award process was found to be irregular and unlawful. The acting municipal manager deviated from the bid adjudication committee's recommendation and changed tender specifications after closure, which is prohibited by law and undermines fairness and transparency. The required notifications under section 114 of the Municipal Finance Management Act were not properly...

Court Disposition

Application dismissed with costs.

Orders

  • The application for rescission is dismissed with costs.