Sable Place Properties 106 (Pty) Ltd and Others v Visa Security Group (Pty) Ltd and Another (097988/2025) [2025] ZAGPPHC 760 (18 July 2025)

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

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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

  1. 1 Whether the applicants have established exceptional circumstances justifying the operation of the urgent order pending appeal.
  2. 2 Whether the applicants will suffer irreparable harm if the order is suspended.
  3. 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).