Smada Security Services (Pty) Ltd v Department of Justice and Constitutional Development (081565/2023) [2025] ZAGPPHC 311 (26 March 2025)

Smada Security Services (Pty) Ltd v Department of Justice and Constitutional Development (081565/2023) [2025] ZAGPPHC 311 (26 March 2025)

The court found that, considering all the facts and arguments, there are reasonable prospects of success and compelling circumstances to grant leave to appeal. The alleged mistake in the tender process, while not accepted by the court as a mistake, could be viewed differently by another court. Additionally, the potential liquidation of the applicant's business and resulting job losses constitute compelling circumstances. Accordingly, leave to appeal to the Supreme Court of Appeal is granted.

Citation
[2025] ZAGPPHC 311
Parties
Applicant: Smada Security Services (Pty) Ltd; Respondent: Department of Justice and Constitutional Development
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
26 March 2025
Case Number
081565/2023
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
Leave to appeal to the Supreme Court of Appeal is granted.
Judges
Holland-Muter
Legal Topics
Leave to Appeal, Reasonable Prospect of Success, Compelling Circumstances, Tender Review
Civil Procedure Leave to Appeal Reasonable Prospect of Success Compelling Circumstances Tender Review

Case Brief

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Parties

Smada Security Services (Pty) Ltd

Applicant

Department of Justice and Constitutional Development

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted to the Supreme Court of Appeal.
  2. 2 Whether there is a reasonable prospect of success on appeal.
  3. 3 Whether there are compelling circumstances justifying the grant of leave to appeal.

Ratio Decidendi

The court found that, considering all the facts and arguments, there are reasonable prospects of success and compelling circumstances to grant leave to appeal. The alleged mistake in the tender process, while not accepted by the court as a mistake, could be viewed differently by another court. Additionally, the potential liquidation of the applicant's business and resulting job losses constitute compelling circumstances. Accordingly, leave to appeal to the Supreme Court of Appeal is granted.

Court Disposition

Leave to appeal to the Supreme Court of Appeal is granted.

Orders

  • Leave to appeal to the Supreme Court of Appeal is granted.
  • Costs of the application are costs in the appeal.