Rantoa Service Providers CC and MEC: Department of Police, Roads and Transport, Free State Province and 1 Other (2824/2024) [2024] ZAFSHC 263 (22 August 2024)

Rantoa Service Providers CC and MEC: Department of Police, Roads and Transport, Free State Province and 1 Other (2824/2024) [2024] ZAFSHC 263 (22 August 2024)

The respondents furnished written reasons for the rejection of the applicant's bid, albeit belatedly and without certain annexures. The court found that the omitted annexures were publicly accessible and did not render the reasons inadequate. The applicant's persistence with its prayer for further reasons was therefore futile. The second prayer for documents was rendered moot by the reasons furnished. The only remaining issue was costs. The court found that the respondents were tardy and indolent in their handling of the request, which justified a costs order against them. However, the matter was not sufficiently complex or egregious to warrant a punitive costs order. The applicant was...

Citation
[2024] ZAFSHC 263
Parties
Applicant: Rantoa Service Providers CC; Respondent: MEC: Department of Police, Roads and Transport, Free State Province; Respondent: Head of Department: Police Roads and Transport, Free State Province
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
22 August 2024
Case Number
2824/2024
Procedural Posture
Review Application / Costs Determination After Reasons Furnished
Outcome
Application for further reasons and documents dismissed as moot; costs awarded to applicant on Scale B.
Judges
Gusha AJ
Legal Topics
Promotion of Administrative Justice Act, Costs Award, Failure to Furnish Reasons, Judicial Discretion on Costs

Case Brief

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Parties

Rantoa Service Providers CC

Applicant

MEC: Department of Police, Roads and Transport, Free State Province

Respondent

Head of Department: Police Roads and Transport, Free State Province

Respondent

Procedural Posture

Review Application / Costs Determination After Reasons Furnished

  1. 1 Whether the respondents furnished full and adequate written reasons for the rejection of the applicant's bid as required by section 5 of PAJA.
  2. 2 Whether the applicant is entitled to a costs order and, if so, on what scale.

Ratio Decidendi

The respondents furnished written reasons for the rejection of the applicant's bid, albeit belatedly and without certain annexures. The court found that the omitted annexures were publicly accessible and did not render the reasons inadequate. The applicant's persistence with its prayer for further reasons was therefore futile. The second prayer for documents was rendered moot by the reasons furnished. The only remaining issue was costs. The court found that the respondents were tardy and indolent in their handling of the request, which justified a costs order against them. However, the matter was not sufficiently complex or egregious to warrant a punitive costs order. The applicant was...

Court Disposition

Application for further reasons and documents dismissed as moot; costs awarded to applicant on Scale B.

Orders

  • The respondents are ordered to pay costs on Scale B, the one paying the other to be absolved.