MEC Limpopo Department of Education v Monkwe Dietrics Services (Pty) Ltd and Others - Leave to Appeal (4663/2021) [2023] ZALMPPHC 53 (20 July 2023)
The court considered the grounds of appeal and the authorities cited by counsel. After careful consideration, the court was not persuaded that the applicant met the required threshold for leave to appeal, namely that the appeal would have a reasonable prospect of success. The application for leave to appeal was...
Source-derived case information.
- Citation
- [2023] ZALMPPHC 53
- Parties
- Applicant: MEC: Limpopo Department of Education; Respondent: Monkwe Dietrics Services (Pty) Ltd; Respondent: Alijoy Trading Enterprise (Pty) Ltd; Respondent: Nkasi General Trading (Pty) Ltd; Respondent: Successful Bidders: Bid №: LDE/B52/2019/20
- Court
- Limpopo High Court, Polokwane
- Jurisdiction
- South Africa
- Case Number
- 4663/2021
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Following Judgment and Orders Delivered on 22 February 2022.
- Outcome
- Application for leave to appeal dismissed with costs.
- Judges
- Mangena
- Legal Topics
- Leave to Appeal, Reasonable Prospect of Success, Costs Award
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
MEC: Limpopo Department of Education
Applicant
Monkwe Dietrics Services (Pty) Ltd
Respondent
Alijoy Trading Enterprise (Pty) Ltd
Respondent
Nkasi General Trading (Pty) Ltd
Respondent
Successful Bidders: Bid №: LDE/B52/2019/20
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment and Orders Delivered on 22 February 2022.
Legal Issues
- 1 Whether the applicant has met the threshold for leave to appeal.
- 2 Whether there is a reasonable prospect of success on appeal.
- 3 Whether the application for leave to appeal should be dismissed with costs.
Ratio Decidendi
The court considered the grounds of appeal and the authorities cited by counsel. After careful consideration, the court was not persuaded that the applicant met the required threshold for leave to appeal, namely that the appeal would have a reasonable prospect of success. The application for leave to appeal was therefore dismissed with costs.
Court Disposition
Application for leave to appeal dismissed with costs.
Orders
- The application for leave to appeal is dismissed with costs.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
(LIMPOPO DIVISION, POLOKWANE)
CASE №: 4663/2021
NOT REPORTABLE
NOT OF INTEREST TO OTHER JUDGES
REVISED
In the matter between:
MEC: LIMPOPO DEPARTMENT OF EDUCATION FIRST APPLICANT V MONKWE DIETRICS SERVICES (PTY) LTD FIRST RESPONDENT ALIJOY TRADING ENTERPRISE (PTY) LTD SECOND RESPONDENT NKASI GENERAL TRADING (PTY) LTD THIRD RESPONDENT SUCESFUL BIDDERS: BID №: LDE/B52/2019/20 FOURTH RESPONDENT In Re: MONKWE DIETRICS SERVICES (PTY) LTD FIRST APPLICANT ALIJOY TRADING ENTERPRISE (PTY) LTD SECOND APPLICANT NKASI GENERAL TRADING (PTY) LTD THIRD APPLICANT And MEC: LIMPOPO DEPARTMENT OF EDUCATION FIRST RESPONDENT SUCESFUL BIDDERS: BID №: LDE/B52/2019/20 SECOND RESPONDENT
LEAVE TO APPEAL JUDGMENT
MANGENA AJ
[1] The Applicant seeks leave to appeal a whole of the judgment and orders delivered by this court on 22 February 2022.
[2] The grounds of appeal are set out in the application for leave to appeal and were amplified in both the written heads of argument and oral submissions.
[3] I have given due considerations to the grounds of appeal and took great care to revisit the authorities referred to by counsel with a view to establish if indeed there were misdirections as contended by the applicant.
[4] Having considered the submissions and the authorities relied upon, I am not persuaded that the applicant met the threshold required for the granting of the leave to appeal, namely that the appeal would have a reasonable prospect of success.
[5] Consequently the application for leave to appeal is dismissed with costs.
MANGENA AJ
Acting Judge of the High Court
Limpopo Division, Polokwane
APPEARANCES:
HEARD ON : 29 June 2023
JUDGMENT DELIVERED ON : 20 July 2023. This judgment was handed down electronically by circulation to the parties’ representatives by email. The date and time for hand-down of the judgment is deemed to be 20 July 2023 at 12:00
FOR THE APPLICANT : Adv. Ramawele SC
Adv. Gaisa
INSTRUCTED BY : State Attorneys
FOR THE RESPONDENT : Adv. MR Maphuta
INSTRUCTED BY : Gwebu Inc Attorney
c/o Michael Raphela Attorneys