Steam Development Technologies 96 Degrees Proprietary Limited v Minister: Department of Public Works & Infrastructure - Reasons for the Interim Interdict (4264/2023) [2024] ZAECMKHC 23 (16 February 2024)

Steam Development Technologies 96 Degrees Proprietary Limited v Minister: Department of Public Works & Infrastructure - Reasons for the Interim Interdict (4264/2023) [2024] ZAECMKHC 23 (16 February 2024)

The court found that the applicant established a prima facie right to participate in a fair and lawful tender process, threatened by the Department's implementation of a new scoring policy that failed to consider mandatory codes under the BBBEE Act. The requirements for an interim interdict were satisfied: the applicant faces irreparable harm if the new tenders proceed before the review and appeal processes are finalised, and the balance of convenience favours maintaining the status quo. The court held that the intrusion into the executive domain is limited and justified by the need to protect constitutional rights. The interim interdict was granted to restrain the Department from...

Citation
[2024] ZAECMKHC 23
Parties
Applicant: Steam Development Technologies 96 Degrees Proprietary Limited; Respondent: Minister: Department of Public Works & Infrastructure
Court
Eastern Cape High Court, Makhanda
Jurisdiction
South Africa
Judgment Date
16 February 2024
Case Number
4264/2023
Procedural Posture
Urgent Application / Reasons for Interim Interdict Following Urgent Application
Outcome
Interim interdict granted restraining the Department from proceeding with the new tenders pending finalisation of review and appeal processes; closing dates for tenders extended indefinitely; costs reserved.
Judges
Govindjee
Legal Topics
Interim Interdict, Preferential Procurement, Review of Administrative Action, Constitutional Rights, Tender Process, Balance of Convenience
Administrative Law Civil Procedure Commercial and Corporate Interim Interdict Preferential Procurement Review of Administrative Action Constitutional Rights Tender Process +1 more

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Parties

Steam Development Technologies 96 Degrees Proprietary Limited

Applicant

Minister: Department of Public Works & Infrastructure

Respondent

Procedural Posture

Urgent Application / Reasons for Interim Interdict Following Urgent Application

Legal Issues

  1. 1 Whether the requirements for an interim interdict pending review and appeal have been satisfied.
  2. 2 Whether the applicant has established a prima facie right to participate in a fair and lawful tender process.
  3. 3 Whether the balance of convenience favours the granting of interim relief.

Ratio Decidendi

The court found that the applicant established a prima facie right to participate in a fair and lawful tender process, threatened by the Department's implementation of a new scoring policy that failed to consider mandatory codes under the BBBEE Act. The requirements for an interim interdict were satisfied: the applicant faces irreparable harm if the new tenders proceed before the review and appeal processes are finalised, and the balance of convenience favours maintaining the status quo. The court held that the intrusion into the executive domain is limited and justified by the need to protect constitutional rights. The interim interdict was granted to restrain the Department from...

Court Disposition

Interim interdict granted restraining the Department from proceeding with the new tenders pending finalisation of review and appeal processes; closing dates for tenders extended indefinitely; costs reserved.

Orders

  • The forms and service provided for in the Uniform Rules of Court are dispensed with.
  • The respondent is interdicted and restrained from proceeding with tenders PET28/2023 and PET29/2023 pending finalisation of proceedings under case numbers 4175/2022 and 4176/2022 and the review proceedings in Part B, whichever concludes last, or where any are finally concluded in the applicant's favour.