Provincial Government: North West and Another v Tsoga Developers CC and Others (M 115/15) [2015] ZANWHC 36 (4 June 2015)

Provincial Government: North West and Another v Tsoga Developers CC and Others (M 115/15) [2015] ZANWHC 36 (4 June 2015)

The application for interim interdict was dismissed because the writs of execution were issued pursuant to a final, binding consent order, which the applicants did not challenge. The Department of Public Works had ample opportunity to investigate and contest the claim before entering into the settlement and consent...

Source-derived case information.

Citation
[2015] ZANWHC 36
Parties
Applicant: Provincial Government: North West Province; Applicant: Director General: Office of the Premier; Respondent: Tsoga Developers CC; Respondent: Wandisile Bozwana; Respondent: The Sheriff of the High Court; Respondent: Head of Department, North West Department of Public Works; Respondent: North West Department of Health; Respondent: North West Department of Finance
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
4 June 2015
Case Number
M 115/15
Procedural Posture
Urgent Application / Application for Interim Interdict (part A) Following Prior Consent Order and Dismissed Rescission Application
Outcome
Application for interim interdict dismissed with punitive costs.
Judges
DJAJE
Legal Topics
Interim Interdict, Writ of Execution, Consent Order, Settlement Agreement, State Liability, Constitutional Procurement
Civil Procedure Administrative Law Interim Interdict Writ of Execution Consent Order Settlement Agreement State Liability Constitutional Procurement

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Parties

Provincial Government: North West Province

Applicant

Director General: Office of the Premier

Applicant

Tsoga Developers CC

Respondent

Wandisile Bozwana

Respondent

The Sheriff of the High Court

Respondent

Head of Department, North West Department of Public Works

Respondent

North West Department of Health

Respondent

North West Department of Finance

Respondent

Procedural Posture

Urgent Application / Application for Interim Interdict (part A) Following Prior Consent Order and Dismissed Rescission Application

Legal Issues

  1. 1 Whether the applicants are entitled to an interim interdict suspending writs of execution issued pursuant to a final consent order.
  2. 2 Whether the applicants have locus standi to challenge the execution of the writs and the underlying settlement agreement.
  3. 3 Whether the settlement agreement and consent order were concluded in violation of section 217 of the Constitution.

Ratio Decidendi

The application for interim interdict was dismissed because the writs of execution were issued pursuant to a final, binding consent order, which the applicants did not challenge. The Department of Public Works had ample opportunity to investigate and contest the claim before entering into the settlement and consent order. The requirements for an interim interdict were not met: no prima facie right was established, irreparable harm was not demonstrated, and the balance of convenience favoured the first respondent, who had not been paid despite repeated litigation. The applicants lacked locus standi under the State Liability Act, as they were not the contracting department and the Act does...

Court Disposition

Application for interim interdict dismissed with punitive costs.

Orders

  • The application for interim interdict in terms of Part A of the Notice of Motion is dismissed.
  • The applicants are ordered to pay the costs of this application, including the costs of two counsel, on the attorney and client scale.