Thaka Security Solutions CC v Amajuba District Municipality and Another (1623/2023P) [2025] ZAKZPHC 21 (26 February 2025)

Thaka Security Solutions CC v Amajuba District Municipality and Another (1623/2023P) [2025] ZAKZPHC 21 (26 February 2025)

The court found that the applicant failed to exhaust the internal remedies provided by the first respondent's Supply Chain Management Policy, specifically the requirement to lodge an appeal with the Municipal Bid Appeals Tribunal. The letter sent by the applicant's attorneys did not constitute a valid appeal as it was not addressed or delivered to the Tribunal. The court held that the Municipal Manager's deviation from the BAC's recommendation was invalid, as the Supply Chain Management Policy required reconsideration by the BAC before any deviation. However, the relief sought by the applicant had become moot due to the passage of time and the imminent expiry of the contract. The failure...

Citation
[2025] ZAKZPHC 21
Parties
Applicant: Thaka Security Solutions CC; Respondent: Amajuba District Municipality; Respondent: Izinhlohli Holdings (Pty) Ltd
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
26 February 2025
Case Number
1623/2023P
Procedural Posture
Review Application / Final Judgment
Outcome
Application dismissed with costs.
Judges
Mngadi
Legal Topics
Public Procurement, Internal Remedies, Preferential Procurement Policy Framework Act, Judicial Review, Mootness
Administrative Law Civil Procedure Public Procurement Internal Remedies Preferential Procurement Policy Framework Act Judicial Review Mootness

Case Brief

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Parties

Thaka Security Solutions CC

Applicant

Amajuba District Municipality

Respondent

Izinhlohli Holdings (Pty) Ltd

Respondent

Procedural Posture

Review Application / Final Judgment

Legal Issues

  1. 1 Whether the first respondent's decision to award the tender to the second respondent was lawful and procedurally fair.
  2. 2 Whether the applicant was required to exhaust internal remedies before approaching the court.
  3. 3 Whether the failure to lodge an internal appeal was fatal to the application.

Ratio Decidendi

The court found that the applicant failed to exhaust the internal remedies provided by the first respondent's Supply Chain Management Policy, specifically the requirement to lodge an appeal with the Municipal Bid Appeals Tribunal. The letter sent by the applicant's attorneys did not constitute a valid appeal as it was not addressed or delivered to the Tribunal. The court held that the Municipal Manager's deviation from the BAC's recommendation was invalid, as the Supply Chain Management Policy required reconsideration by the BAC before any deviation. However, the relief sought by the applicant had become moot due to the passage of time and the imminent expiry of the contract. The failure...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed.
  • The applicant is ordered to pay costs of the application.