PIC SOC Ltd and Another v Trencon Construction (Pty) Ltd and Another (365/2022) [2023] ZASCA 88; 2024 (1) SA 66 (SCA) (8 June 2023)

PIC SOC Ltd and Another v Trencon Construction (Pty) Ltd and Another (365/2022) [2023] ZASCA 88; 2024 (1) SA 66 (SCA) (8 June 2023)

The Supreme Court of Appeal held that after the High Court dismissed Trencon's review application and Trencon failed to obtain leave to appeal, no live dispute remained between the parties. The High Court's amended order, issued after it became functus officio, was a nullity as it was made without jurisdiction. The declaration regarding the GEPF's status as an organ of state was limited to the present application and did not have broader effect. Any judgment on appeal would have no practical effect or result as contemplated in section 16(2)(a)(i) of the Superior Courts Act. Accordingly, the matter was struck from the roll, with each party ordered to pay its own costs.

Citation
[2023] ZASCA 88
Parties
Appellant: Public Investment Corporation SOC Ltd; Appellant: Government Employees Pension Fund; Respondent: Trencon Construction (Pty) Ltd; Respondent: GVK-Siya Zama Building Contractors (Pty) Ltd
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
8 June 2023
Case Number
365/2022
Procedural Posture
Civil Appeal / Appeal From Gauteng Division of the High Court, Pretoria
Outcome
Matter struck from the roll; each party to pay its own costs.
Judges
Ponnan, Nicholls, Gorven, Mabindla-Boqwana, Unterhalter
Legal Topics
Functus Officio, Review of Administrative Action, Declaratory Relief, Jurisdiction of Appellate Court
Administrative Law Civil Procedure Functus Officio Review of Administrative Action Declaratory Relief Jurisdiction of Appellate Court

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Public Investment Corporation SOC Ltd

Appellant

Government Employees Pension Fund

Appellant

Trencon Construction (Pty) Ltd

Respondent

GVK-Siya Zama Building Contractors (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From Gauteng Division of the High Court, Pretoria

Legal Issues

  1. 1 Whether a live dispute or lis existed between the parties upon which the appellate court could exercise jurisdiction.
  2. 2 Whether the amended order issued by the High Court after dismissing the application was valid or a nullity.
  3. 3 Whether any judgment on appeal would have a practical effect or result as contemplated in section 16(2)(a)(i) of the Superior Courts Act.

Ratio Decidendi

The Supreme Court of Appeal held that after the High Court dismissed Trencon's review application and Trencon failed to obtain leave to appeal, no live dispute remained between the parties. The High Court's amended order, issued after it became functus officio, was a nullity as it was made without jurisdiction. The declaration regarding the GEPF's status as an organ of state was limited to the present application and did not have broader effect. Any judgment on appeal would have no practical effect or result as contemplated in section 16(2)(a)(i) of the Superior Courts Act. Accordingly, the matter was struck from the roll, with each party ordered to pay its own costs.

Court Disposition

Matter struck from the roll; each party to pay its own costs.

Orders

  • The matter is struck from the roll.
  • Each party is to pay its own costs.