Trudon (Pty) Ltd (formerly TDS Directory Operations) v The National Prosecuting Authority and Another (43247/2014) [2018] ZAGPPHC 872 (23 November 2018)

Trudon (Pty) Ltd (formerly TDS Directory Operations) v The National Prosecuting Authority and Another (43247/2014) [2018] ZAGPPHC 872 (23 November 2018)

The court held that the defendants, as organs of state, are not entitled to ignore their own decisions or agreements on the basis of alleged unlawfulness without instituting proper review proceedings or, at minimum, an application for a declarator. The principle established in Oudekraal and affirmed in Kirland is that administrative acts remain effective until set aside by a court. The court further found that the collateral challenge doctrine does not avail the defendants in this matter, as it is only available in limited circumstances and does not apply where an organ of state seeks to avoid its own decision without following due process. Allowing the defendants to proceed by way of a...

Citation
[2018] ZAGPPHC 872
Parties
Plaintiff: Trudon (Pty) Ltd (formerly TDS Directory Operations); Defendant: The National Prosecuting Authority; Defendant: The National Director of Public Prosecutions
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
23 November 2018
Case Number
43247/2014
Procedural Posture
Civil Trial / Determination of Separated Legal Issue Under Rule 33(4)
Outcome
The separated issue is determined in favour of the plaintiff. Costs of the separated issue are awarded against the defendants, including costs of two counsel.
Judges
U Bhoola
Legal Topics
Rule of Law, Principle of Legality, Collateral Challenge, Judicial Review, Public Procurement, Declaratory Relief
Administrative Law Civil Procedure Commercial and Corporate Rule of Law Principle of Legality Collateral Challenge Judicial Review Public Procurement +1 more

Case Brief

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Parties

Trudon (Pty) Ltd (formerly TDS Directory Operations)

Plaintiff

The National Prosecuting Authority

Defendant

The National Director of Public Prosecutions

Defendant

Procedural Posture

Civil Trial / Determination of Separated Legal Issue Under Rule 33(4)

Legal Issues

  1. 1 Whether the defendants may raise the unconstitutionality and invalidity of the agreements without a formal application to review and set aside the agreements.
  2. 2 Whether the defendants may rely on a collateral challenge as a defence to the plaintiff's enforcement of the agreements.

Ratio Decidendi

The court held that the defendants, as organs of state, are not entitled to ignore their own decisions or agreements on the basis of alleged unlawfulness without instituting proper review proceedings or, at minimum, an application for a declarator. The principle established in Oudekraal and affirmed in Kirland is that administrative acts remain effective until set aside by a court. The court further found that the collateral challenge doctrine does not avail the defendants in this matter, as it is only available in limited circumstances and does not apply where an organ of state seeks to avoid its own decision without following due process. Allowing the defendants to proceed by way of a...

Court Disposition

The separated issue is determined in favour of the plaintiff. Costs of the separated issue are awarded against the defendants, including costs of two counsel.

Orders

  • The separated issue is determined in favour of the plaintiff.
  • The defendants are to pay the costs occasioned by the determination of the separated issue, such costs to include costs of two counsel.