Thandisile Business Services (Pty) Ltd v Department of Home Affairs and Others (2025-035879) [2025] ZAGPPHC 397 (16 April 2025)
The court found that the applicant had multiple opportunities to address the issue of missing documentation with the first respondent, either immediately after the invitation to bid or at the briefing session. The applicant's decision not to attend the briefing session and to wait until after the tender was awarded...
Source-derived case information.
- Citation
- [2025] ZAGPPHC 397
- Parties
- Applicant: Thandisile Business Services (Pty) Ltd; Respondent: Department of Home Affairs; Respondent: Livhuwani Tommy Makhode N.O.; Respondent: Kusile Facilities Management
- Court
- North Gauteng High Court, Pretoria
- Jurisdiction
- South Africa
- Case Number
- 2025-035879
- Procedural Posture
- Urgent Application / Application to Strike From Roll for Lack of Urgency
- Outcome
- Application struck from the roll for lack of urgency; no order as to costs.
- Judges
- MPN Mbongwe
- Legal Topics
- Urgency in Applications, Tender Review, Self Created Urgency
Source-derived case record
Summary, issues, holding and outcome
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Parties
Thandisile Business Services (Pty) Ltd
Applicant
Department of Home Affairs
Respondent
Livhuwani Tommy Makhode N.O.
Respondent
Kusile Facilities Management
Respondent
Procedural Posture
Urgent Application / Application to Strike From Roll for Lack of Urgency
Legal Issues
- 1 Whether the application is urgent and should be heard as such.
- 2 Whether the applicant's conduct resulted in self-created urgency.
- 3 Whether the applicant was entitled to review the tender process at this stage.
Ratio Decidendi
The court found that the applicant had multiple opportunities to address the issue of missing documentation with the first respondent, either immediately after the invitation to bid or at the briefing session. The applicant's decision not to attend the briefing session and to wait until after the tender was awarded to seek relief constituted self-created urgency. The court held that the applicant failed to act promptly and that the urgency claimed was not genuine but rather a consequence of its own conduct. Accordingly, the matter was not urgent and was struck from the roll.
Court Disposition
Application struck from the roll for lack of urgency; no order as to costs.
Orders
- The matter is struck from the roll for lack of urgency.
- No order is made as to costs.
Full Case Text
Judgment text and source record
30 paragraphs
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
CASE NO: 2025-035879
(1) REPORTABLE: NO
(2) OF INTEREST TO OTHER JUDGES: NO
(3) REVISED.
DATE 16/04/2025
SIGNATURE
In the matter between:
THANDISILE BUSINESS SERVICES (PTY) LTD
Applicant
And
THE DEPARTMENT OF HOME AFFAIRS
First Respondent
LIVHUWANI TOMMY MAKHODE N.O.
Second Respondent
KUSILE FACILITIES MANAGEMENT
Third Respondent
JUDGMENT/ ORDER
HAVING READ THE DOCUMENTS FILED OF RECORD AND HAVING HEARD THE RESPECTIVE COUNSEL FOR THE PARTIES; THE COURT FOUND THAT:
[1] The Applicant had opportunities to explain to the First Respondent why it was not possible for it to attach the specific documentation required in the published invitation to bid. This the Applicant could have done soon after the publication and when it submitted its bid or, at the latest, at the subsequent briefing session which the Applicant did not attend “as it was not compulsory”, opting instead to wait until the process is completed and the tender awarded, to then seek a review of the proceedings. Urgency was, in my view, self-created on these facts.
ORDER
1. The matter is struck from the roll for lack of urgency.
2. No order is made as to costs.
MPN MBONGWE
JUDGE OF THE HIGH COURT
Appearances:
For the Applicant: Adv S. Kunene Instructed by: M. Dlamini Attorneys Inc. For the Respondents: Adv L. Segola Instructed by: State Attorney, Pretoria Date of hearing: 26 March 2025 Date of delivery: 16 April 2025
THIS JUDGMENT WAS ELECTRONICALLY TRANSMITTED TO THE PARTIES’ LEGAL REPRESENTATIVES AND UPLOADED ONTO CASELINES ON 16 APRIL
2025.