Special Investigating Unit and Another v Engineered Systems Solutions (Pty) Ltd (2018/21912) [2019] ZAGPPHC 1012 (18 December 2019)

Special Investigating Unit and Another v Engineered Systems Solutions (Pty) Ltd (2018/21912) [2019] ZAGPPHC 1012 (18 December 2019)

The court found that the applicants failed to provide a full and reasonable explanation for the delay in bringing the review application. The periods of delay—over seven years for the pilot project and over four years for the final tender—were held to be inordinate and unreasonable. The explanation offered was vague and did not cover the entire period. The prejudice to the respondent and the public interest in finality and certainty outweighed any justification for condonation. The court distinguished the Swifambo Rail Leasing v PRASA case, noting that the delay in the present matter far exceeded the three years found not unreasonable in Swifambo. Accordingly, the application for...

Citation
[2019] ZAGPPHC 1012
Parties
Applicant: Special Investigating Unit; Applicant: Acting National Commissioner of the National Department of Correctional Services for RSA; Respondent: Engineered Systems Solutions (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
18 December 2019
Case Number
2018/21912
Procedural Posture
Review Application / Application for Condonation and Review Under Rule 53
Outcome
Application for condonation for the late filing of the review application is dismissed. Costs awarded against the applicants, jointly and severally, including costs of two counsel.
Judges
Mokose
Legal Topics
Condonation for Delay, Tender Review, Promotion of Administrative Justice Act, Legality Review, Service Level Agreement, Unlawful Administrative Action
Administrative Law Civil Procedure Commercial and Corporate Condonation for Delay Tender Review Promotion of Administrative Justice Act Legality Review Service Level Agreement +1 more

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Parties

Special Investigating Unit

Applicant

Acting National Commissioner of the National Department of Correctional Services for RSA

Applicant

Engineered Systems Solutions (Pty) Ltd

Respondent

Procedural Posture

Review Application / Application for Condonation and Review Under Rule 53

Legal Issues

  1. 1 Whether the applicants have satisfied the requirements for condonation for the delay in bringing the review application under common law or PAJA.
  2. 2 Whether the applicants have made out a case to review and set aside the two contracts awarded to the respondent.
  3. 3 Whether a just and equitable order should be granted under Section 172(1)(b) of the Constitution, the common law, or Section 8(1)(c)(ii) of PAJA.

Ratio Decidendi

The court found that the applicants failed to provide a full and reasonable explanation for the delay in bringing the review application. The periods of delay—over seven years for the pilot project and over four years for the final tender—were held to be inordinate and unreasonable. The explanation offered was vague and did not cover the entire period. The prejudice to the respondent and the public interest in finality and certainty outweighed any justification for condonation. The court distinguished the Swifambo Rail Leasing v PRASA case, noting that the delay in the present matter far exceeded the three years found not unreasonable in Swifambo. Accordingly, the application for...

Court Disposition

Application for condonation for the late filing of the review application is dismissed. Costs awarded against the applicants, jointly and severally, including costs of two counsel.

Orders

  • The application for condonation for the late filing of the review application is dismissed.
  • The applicants are to pay the costs, jointly and severally, including the costs attendant on two counsel.