Mphaphuli Consulting (PTY) Limited v Special Investigating Unit and Others (5232/2021) [2022] ZALMPPHC 16 (3 March 2022)

Mphaphuli Consulting (PTY) Limited v Special Investigating Unit and Others (5232/2021) [2022] ZALMPPHC 16 (3 March 2022)

The court found that the SIU's investigation into the applicant's contract was squarely within the broad terms of reference of Proclamation No R52 of 2014, which authorized investigation into procurement and contracting for goods, works, or services by the municipality. The SIU's report to the President was a fact-finding exercise and did not constitute administrative action under PAJA, as it lacked direct external legal effect and finality. The decision to institute civil proceedings was a procedural step, not an administrative act. The applicant's reliance on PAJA was misplaced, and the relief sought would have no practical effect on the pending litigation between the parties. The...

Citation
[2022] ZALMPPHC 16
Parties
Applicant: Mphaphuli Consulting (PTY) Limited; Respondent: Special Investigating Unit; Respondent: Fetakgomo-Greater Tubatse Municipality; Respondent: President of the Republic of South Africa; Respondent: Minister of Justice and Correctional Services; Respondent: Minister of Finance; Respondent: Minister of Mineral Resources and Energy; Respondent: Eskom Holdings; Respondent: MEC: Department of Cooperative Governance, Human Settlement and Traditional Affairs Limpopo Provincial Government
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
3 March 2022
Case Number
5232/2021
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs, including costs of two counsel.
Judges
GC Muller
Legal Topics
Special Investigating Units Act, Proclamation Review, Administrative Action, Promotion of Administrative Justice Act, Civil Proceedings, Costs Order
Administrative Law Civil Procedure Special Investigating Units Act Proclamation Review Administrative Action Promotion of Administrative Justice Act Civil Proceedings Costs Order

Case Brief

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Parties

Mphaphuli Consulting (PTY) Limited

Applicant

Special Investigating Unit

Respondent

Fetakgomo-Greater Tubatse Municipality

Respondent

President of the Republic of South Africa

Respondent

Minister of Justice and Correctional Services

Respondent

Minister of Finance

Respondent

Minister of Mineral Resources and Energy

Respondent

Eskom Holdings

Respondent

MEC: Department of Cooperative Governance, Human Settlement and Traditional Affairs Limpopo Provincial Government

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the investigation by the SIU into the applicant's contract was within the terms of reference of Proclamation No R52 of 2014.
  2. 2 Whether the SIU's report constitutes administrative action under PAJA and is subject to review.
  3. 3 Whether the relief sought by the applicant is competent and has practical effect.

Ratio Decidendi

The court found that the SIU's investigation into the applicant's contract was squarely within the broad terms of reference of Proclamation No R52 of 2014, which authorized investigation into procurement and contracting for goods, works, or services by the municipality. The SIU's report to the President was a fact-finding exercise and did not constitute administrative action under PAJA, as it lacked direct external legal effect and finality. The decision to institute civil proceedings was a procedural step, not an administrative act. The applicant's reliance on PAJA was misplaced, and the relief sought would have no practical effect on the pending litigation between the parties. The...

Court Disposition

Application dismissed with costs, including costs of two counsel.

Orders

  • The application is dismissed with costs, which costs shall include the costs of two counsel.