Nexor 312 (Pty) Ltd T/A VNA Consulting v The Member Of The Executive Council Of The Free State Department Of Public Works & Infrastructure (5226/2021) [2023] ZAFSHC 51 (22 February 2023)

Nexor 312 (Pty) Ltd T/A VNA Consulting v The Member Of The Executive Council Of The Free State Department Of Public Works & Infrastructure (5226/2021) [2023] ZAFSHC 51 (22 February 2023)

The court found that non-compliance with Uniform Rule 41A regarding mediation notice did not bar determination of the matter, as neither party alleged the dispute was capable of mediation and the respondent failed to set out grounds for compliance. The applicant's letters of demand complied with section 3 of the...

Source-derived case information.

Citation
[2023] ZAFSHC 51
Parties
Applicant: Nexor 312 (Pty) Ltd t/a VNA Consulting; Respondent: The Member Of The Executive Council Of The Free State Department Of Public Works & Infrastructure
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
22 February 2023
Case Number
5226/2021
Procedural Posture
Civil Application / Opposed Motion; Judgment
Outcome
Judgment granted in favour of the applicant for both claims, with interest and costs.
Judges
Daniso
Legal Topics
Uniform Rule 41a, Institution of Legal Proceedings Against Organs of State Act, Enforceability of Acknowledgment of Debt, Condonation for Late Filing, Payment of Invoices Under Contract
Civil Procedure Commercial and Corporate Uniform Rule 41a Institution of Legal Proceedings Against Organs of State Act Enforceability of Acknowledgment of Debt Condonation for Late Filing Payment of Invoices Under Contract

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Parties

Nexor 312 (Pty) Ltd t/a VNA Consulting

Applicant

The Member Of The Executive Council Of The Free State Department Of Public Works & Infrastructure

Respondent

Procedural Posture

Civil Application / Opposed Motion; Judgment

Legal Issues

  1. 1 Whether non-compliance with Uniform Rule 41A regarding mediation notice bars determination of the application.
  2. 2 Whether the applicant complied with section 3 of the Institution of Legal Proceedings Against Certain Organs of State Act.
  3. 3 Whether the dispute requires referral to oral evidence or can be determined on the papers.

Ratio Decidendi

The court found that non-compliance with Uniform Rule 41A regarding mediation notice did not bar determination of the matter, as neither party alleged the dispute was capable of mediation and the respondent failed to set out grounds for compliance. The applicant's letters of demand complied with section 3 of the Institution of Legal Proceedings Against Certain Organs of State Act, having been served within the prescribed period and setting out the basis and amounts of the debt. The respondent's objections regarding authorisation of the deponent and referral to oral evidence were dismissed as unsound and unsupported by facts. The respondent's substantive defence—that pre-conditions for...

Court Disposition

Judgment granted in favour of the applicant for both claims, with interest and costs.

Orders

  • The respondent shall pay the applicant R17,613,073.40 with interest at 12% per annum from 1 November 2020 to date of payment.
  • The respondent shall pay the applicant R10,333,440.00 with interest at 12% per annum from 1 November 2020 to date of payment.