Sable Place Properties 106 (Pty) Ltd and Others v Visa Security Group (Pty) Ltd and Another (097988/2025) [2025] ZAGPPHC 760 (18 July 2025)
The court found that the applicants had established exceptional circumstances justifying the operation of the urgent order pending appeal. The applicants had lawfully awarded the security contract to Fidelity after a tender process, and the continued occupation of the premises by the first respondent would expose the applicants and their tenants to risk and harm. The court was satisfied, on a balance of probabilities, that the applicants would suffer irreparable harm if the order was suspended, as they would have no control over the first respondent. The alleged harm to the first respondent, namely reputational damage and loss of payment, could be addressed by a damages claim and did not...
- Citation
- [2025] ZAGPPHC 760
- Parties
- Applicant: Sable Place Properties 106 (Pty) Ltd; Applicant: Redefine Properties Ltd; Applicant: Tadvest Commercial (Pty) Ltd; Respondent: Visa Security Group (Pty) Ltd; Respondent: Minister of Police
- Court
- North Gauteng High Court, Pretoria
- Jurisdiction
- South Africa
- Judgment Date
- 18 July 2025
- Case Number
- 097988/2025
- Procedural Posture
- Urgent Application / Section 18 Application Following Urgent Interdict and Application for Leave to Appeal
- Outcome
- Section 18 application granted; order operates pending appeal; costs awarded to applicants including wasted costs.
- Judges
- Minnaar
- Legal Topics
- Section 18 Application, Interim Interdict, Exceptional Circumstances, Irreparable Harm, Security Services Contract
Case Brief
Summary, issues, holding and outcome
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Parties
Sable Place Properties 106 (Pty) Ltd
Applicant
Redefine Properties Ltd
Applicant
Tadvest Commercial (Pty) Ltd
Applicant
Visa Security Group (Pty) Ltd
Respondent
Minister of Police
Respondent
Procedural Posture
Urgent Application / Section 18 Application Following Urgent Interdict and Application for Leave to Appeal
Legal Issues
- 1 Whether the applicants have established exceptional circumstances justifying the operation of the urgent order pending appeal.
- 2 Whether the applicants will suffer irreparable harm if the order is suspended.
- 3 Whether the first respondent will suffer irreparable harm if the order is not suspended.
Ratio Decidendi
The court found that the applicants had established exceptional circumstances justifying the operation of the urgent order pending appeal. The applicants had lawfully awarded the security contract to Fidelity after a tender process, and the continued occupation of the premises by the first respondent would expose the applicants and their tenants to risk and harm. The court was satisfied, on a balance of probabilities, that the applicants would suffer irreparable harm if the order was suspended, as they would have no control over the first respondent. The alleged harm to the first respondent, namely reputational damage and loss of payment, could be addressed by a damages claim and did not...
Court Disposition
Section 18 application granted; order operates pending appeal; costs awarded to applicants including wasted costs.
Orders
- The application is regarded as urgent in terms of Rule 6(12).
- The operation and execution of the order granted on 17 June 2025 under case number 081761-2025 is not suspended pending the finalisation of any subsequent appeal(s) or the expiry of the period for the launching of any subsequent appeal(s).
Full Case Text
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