Naphtronics (Pty) Limited v Ngaka Modiri Molema District Municipality (CAF5/19) [2020] ZANWHC 11 (6 February 2020)

Naphtronics (Pty) Limited v Ngaka Modiri Molema District Municipality (CAF5/19) [2020] ZANWHC 11 (6 February 2020)

The court found that the issue of a just and equitable remedy could not be determined on the papers and must be referred for oral evidence before the court a quo. The appellant's attorneys displayed gross negligence and a flagrant disregard for the rules of court by amending the grounds of appeal without leave and failing to respond to procedural objections, conduct which materially deviated from professional standards. Consequently, the court marked its displeasure with a punitive costs order de bonis propriis against the appellant's attorneys for the costs occasioned by the Rule 30 application, but made no order as to costs in respect of the appeal itself.

Citation
[2020] ZANWHC 11
Parties
Appellant: Naphtronics (Pty) Limited; Respondent: Ngaka Modiri Molema District Municipality
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
6 February 2020
Case Number
CAF 5/19
Procedural Posture
Civil Appeal / Appeal on Just and Equitable Remedy After Supreme Court of Appeal Remittal
Outcome
Appeal succeeds in part; issue of just and equitable remedy referred for oral evidence; appellant's attorneys ordered to pay costs de bonis propriis for Rule 30 application; no order as to costs for the appeal.
Judges
J.T. Djaje, M.M. Leeuw, Moncho-Moloisane
Legal Topics
Review of Administrative Action, Just and Equitable Remedy, Costs De Bonis Propriis, Service Level Agreement, Municipal Procurement
Administrative Law Civil Procedure Review of Administrative Action Just and Equitable Remedy Costs De Bonis Propriis Service Level Agreement Municipal Procurement

Case Brief

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Parties

Naphtronics (Pty) Limited

Appellant

Ngaka Modiri Molema District Municipality

Respondent

Procedural Posture

Civil Appeal / Appeal on Just and Equitable Remedy After Supreme Court of Appeal Remittal

Legal Issues

  1. 1 Whether the just and equitable remedy following the invalidation of the service level agreement should be determined by oral evidence.
  2. 2 Whether the appellant's attorneys should be ordered to pay costs de bonis propriis for procedural irregularities.

Ratio Decidendi

The court found that the issue of a just and equitable remedy could not be determined on the papers and must be referred for oral evidence before the court a quo. The appellant's attorneys displayed gross negligence and a flagrant disregard for the rules of court by amending the grounds of appeal without leave and failing to respond to procedural objections, conduct which materially deviated from professional standards. Consequently, the court marked its displeasure with a punitive costs order de bonis propriis against the appellant's attorneys for the costs occasioned by the Rule 30 application, but made no order as to costs in respect of the appeal itself.

Court Disposition

Appeal succeeds in part; issue of just and equitable remedy referred for oral evidence; appellant's attorneys ordered to pay costs de bonis propriis for Rule 30 application; no order as to costs for the appeal.

Orders

  • The issue of the just and equitable remedy is referred for oral evidence before the court a quo.
  • The appellant’s attorneys are ordered to pay costs de bonis propriis related to the costs occasioned by the Rule 30 application.