Notshe v State Attorney (00966/2022) [2024] ZAGPJHC 952 (11 September 2024)

Notshe v State Attorney (00966/2022) [2024] ZAGPJHC 952 (11 September 2024)

The court held that the State Attorney had no lawful basis to withhold payment of the applicant's approved invoices simply because of an ongoing SIU investigation into previously paid invoices. The invoices claimed in this application were not subject to the SIU investigation, and no substantive defence to payment was raised in the answering papers. The risk perceived by the State Attorney was speculative and did not justify refusal to pay amounts due. The SIU did not have a direct and substantial interest in the proceedings, as the invoices in question were not under investigation. Interest was awarded from the date of institution of proceedings, as the precise dates of presentation and...

Citation
[2024] ZAGPJHC 952
Parties
Applicant: Viwe Samuel Notshe; Respondent: State Attorney
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
11 September 2024
Case Number
00966/2022
Procedural Posture
Civil Application / Judgment
Outcome
Application granted; payment of the claimed invoices ordered with interest from 14 January 2021; costs awarded on the party and party scale.
Judges
Wilson
Legal Topics
Claim for Payment, Interest on Debt, Costs Award, Joinder of Parties
Civil Procedure Commercial and Corporate Claim for Payment Interest on Debt Costs Award Joinder of Parties

Case Brief

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Parties

Viwe Samuel Notshe

Applicant

State Attorney

Respondent

Procedural Posture

Civil Application / Judgment

Legal Issues

  1. 1 Whether the State Attorney is entitled to withhold payment of approved invoices pending the outcome of an SIU investigation into previously paid invoices.
  2. 2 Whether the SIU has a direct and substantial interest in the present proceedings warranting its joinder.
  3. 3 From what date interest should run on the amounts claimed by the applicant.

Ratio Decidendi

The court held that the State Attorney had no lawful basis to withhold payment of the applicant's approved invoices simply because of an ongoing SIU investigation into previously paid invoices. The invoices claimed in this application were not subject to the SIU investigation, and no substantive defence to payment was raised in the answering papers. The risk perceived by the State Attorney was speculative and did not justify refusal to pay amounts due. The SIU did not have a direct and substantial interest in the proceedings, as the invoices in question were not under investigation. Interest was awarded from the date of institution of proceedings, as the precise dates of presentation and...

Court Disposition

Application granted; payment of the claimed invoices ordered with interest from 14 January 2021; costs awarded on the party and party scale.

Orders

  • The respondent is ordered to pay the applicant the amount claimed in the notice of motion, nett of the amount already paid in respect of tax invoice number 202.
  • Interest is to run on the amount due from 14 January 2021.