Mantladi Technologies (Pty) Ltd v National Treasury and Others (36978/2022) [2022] ZAGPPHC 789 (25 October 2022)

Mantladi Technologies (Pty) Ltd v National Treasury and Others (36978/2022) [2022] ZAGPPHC 789 (25 October 2022)

The Court found that only the requirement of a prima facie right was satisfied, based on the Applicant's strong prospects of success in the intended review application. However, the Applicant failed to establish irreparable harm, that the balance of convenience favoured it, or that no alternative satisfactory remedy existed. The grounds for leave to appeal were fully canvassed in the main judgment, and the Court was not persuaded that there was a reasonable prospect of success on appeal. Accordingly, the application for leave to appeal was dismissed with costs, including costs of two counsel.

Citation
[2022] ZAGPPHC 789
Parties
Applicant: Mantladi Technologies (Pty) Ltd; Respondent: National Treasury; Respondent: Department of Health; Respondent: Minister of Finance; Respondent: Competition Commission of South Africa; Respondent: Nuangle Solutions (Pty) Ltd; Respondent: Mothudi Services (Pty) Ltd; Respondent: Logan Medical & Surgical (Pty) Ltd; Respondent: Endomed Medical & Surgical Supplies CC
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
25 October 2022
Case Number
36978/2022
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Interim Interdict
Outcome
Application for leave to appeal dismissed with costs, including costs of two counsel.
Judges
E.M Kubushi
Legal Topics
Interim Interdict, Leave to Appeal, Balance of Convenience, Prima Facie Right, Irreparable Harm, Alternative Remedy
Administrative Law Civil Procedure Interim Interdict Leave to Appeal Balance of Convenience Prima Facie Right Irreparable Harm Alternative Remedy

Case Brief

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Parties

Mantladi Technologies (Pty) Ltd

Applicant

National Treasury

Respondent

Department of Health

Respondent

Minister of Finance

Respondent

Competition Commission of South Africa

Respondent

Nuangle Solutions (Pty) Ltd

Respondent

Mothudi Services (Pty) Ltd

Respondent

Logan Medical & Surgical (Pty) Ltd

Respondent

Endomed Medical & Surgical Supplies CC

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Interim Interdict

Legal Issues

  1. 1 Whether the requirements for an interim interdict were correctly applied by the Court.
  2. 2 Whether the sliding scale test should have been used in assessing the interim relief.
  3. 3 Whether the Applicant established a prima facie right, irreparable harm, balance of convenience, and absence of alternative remedy.

Ratio Decidendi

The Court found that only the requirement of a prima facie right was satisfied, based on the Applicant's strong prospects of success in the intended review application. However, the Applicant failed to establish irreparable harm, that the balance of convenience favoured it, or that no alternative satisfactory remedy existed. The grounds for leave to appeal were fully canvassed in the main judgment, and the Court was not persuaded that there was a reasonable prospect of success on appeal. Accordingly, the application for leave to appeal was dismissed with costs, including costs of two counsel.

Court Disposition

Application for leave to appeal dismissed with costs, including costs of two counsel.

Orders

  • The application for leave to appeal is dismissed.
  • The Applicant is ordered to pay the costs of the application, including the costs of two counsel (one senior and one junior).