SS & G Project & Finance Solutions (Pty) Ltd v GIBB (Pty) Ltd and Others (A5014/16) [2017] ZAGPJHC 438 (31 October 2017)

SS & G Project & Finance Solutions (Pty) Ltd v GIBB (Pty) Ltd and Others (A5014/16) [2017] ZAGPJHC 438 (31 October 2017)

The appeal was dismissed because the appellant failed to establish a basis for interdictory or declaratory relief. The court found that the factual disputes were material and could not be resolved on the papers. The interests of the Sedibeng project, a matter of national importance, outweighed the appellant's commercial interests. The appellant had an alternative remedy against its consortium partner, which it failed to pursue. The discretion exercised by the court a quo in refusing relief was justified, and there were no grounds for interference. The appellant's attempt to divide the relief into separate rounds was artificial and did not overcome the factual disputes. The court concluded...

Citation
[2017] ZAGPJHC 438
Parties
Appellant: SS&G Project & Finance Solutions (Pty) Ltd; Respondent: GIBB (Pty) Ltd; Respondent: Rand Water Board; Respondent: Emfuleni Local Municipality; Respondent: The Minister of Water and Sanitation; Respondent: The Minister of Finance; Respondent: The Minister of Economic Development
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
31 October 2017
Case Number
A5014/16
Procedural Posture
Civil Appeal / Appeal From Dismissal of Application for Interdictory and Declaratory Relief
Outcome
Appeal dismissed with costs, including costs of two counsel for certain respondents.
Judges
FHD Van Oosten, SE Weiner, CJ Van der Westhuizen
Legal Topics
Authority of Agent, Interdictory Relief, Declaratory Relief, Contractual Dispute, Consortium Agreement
Commercial and Corporate Civil Procedure Authority of Agent Interdictory Relief Declaratory Relief Contractual Dispute Consortium Agreement

Case Brief

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Parties

SS&G Project & Finance Solutions (Pty) Ltd

Appellant

GIBB (Pty) Ltd

Respondent

Rand Water Board

Respondent

Emfuleni Local Municipality

Respondent

The Minister of Water and Sanitation

Respondent

The Minister of Finance

Respondent

The Minister of Economic Development

Respondent

Procedural Posture

Civil Appeal / Appeal From Dismissal of Application for Interdictory and Declaratory Relief

Legal Issues

  1. 1 Whether the first respondent had authority to sign the February 2015 Consultancy Services Agreement on behalf of the consortium.
  2. 2 Whether the February 2015 agreement is null and void and unenforceable.
  3. 3 Whether interdictory and declaratory relief should be granted to the appellant.

Ratio Decidendi

The appeal was dismissed because the appellant failed to establish a basis for interdictory or declaratory relief. The court found that the factual disputes were material and could not be resolved on the papers. The interests of the Sedibeng project, a matter of national importance, outweighed the appellant's commercial interests. The appellant had an alternative remedy against its consortium partner, which it failed to pursue. The discretion exercised by the court a quo in refusing relief was justified, and there were no grounds for interference. The appellant's attempt to divide the relief into separate rounds was artificial and did not overcome the factual disputes. The court concluded...

Court Disposition

Appeal dismissed with costs, including costs of two counsel for certain respondents.

Orders

  • The appeal is dismissed.
  • The appellant shall pay the costs of the appeal, including the costs consequent upon the employment of two counsel by the first, second and fourth respondents.