Dimension Data (Pty) Ltd and Others v State Information Technology Agency (SOC) Ltd and Another (28952/2016) [2016] ZAGPPHC 874 (23 September 2016)

Dimension Data (Pty) Ltd and Others v State Information Technology Agency (SOC) Ltd and Another (28952/2016) [2016] ZAGPPHC 874 (23 September 2016)

The court held that the prohibitory interdict is not final in effect, as it operates only until the review application is determined and is not intended to be definitive of the parties' rights. The disputes remain unresolved and must be ventilated in the review application. SITA's failure to dispatch the record in the review application cannot render the order final and appealable. The findings made by the court were prima facie and susceptible to alteration by the review court. The mandatory interdict and costs order were also found not to be appealable, as the appeal against the mandatory interdict would be academic due to partial compliance, and no exceptional circumstances exist to...

Citation
[2016] ZAGPPHC 874
Parties
Applicant: Dimension Data (Pty) Ltd; Applicant: Nambiti Technologies (Pty) Ltd; Applicant: Yotta Zetta (Pty) Ltd; Respondent: State Information Technology Agency (SOC) Ltd; Respondent: EOH Mthombo (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
23 September 2016
Case Number
28952/2016
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Judgment and Order Granted on 6 May 2016.
Outcome
Application for leave to appeal dismissed with costs, including costs of two counsel.
Judges
AC Basson
Legal Topics
Interlocutory Orders, Appealability, Interdicts, Non Joinder, Costs Awards
Civil Procedure Administrative Law Interlocutory Orders Appealability Interdicts Non Joinder Costs Awards

Case Brief

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Parties

Dimension Data (Pty) Ltd

Applicant

Nambiti Technologies (Pty) Ltd

Applicant

Yotta Zetta (Pty) Ltd

Applicant

State Information Technology Agency (SOC) Ltd

Respondent

EOH Mthombo (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Judgment and Order Granted on 6 May 2016.

Legal Issues

  1. 1 Whether the prohibitory interdict granted in the main application is final in effect and therefore appealable.
  2. 2 Whether the mandatory interdict and costs order are appealable.
  3. 3 Whether SITA's conduct in failing to dispatch the record in the review application affects the appealability of the order.

Ratio Decidendi

The court held that the prohibitory interdict is not final in effect, as it operates only until the review application is determined and is not intended to be definitive of the parties' rights. The disputes remain unresolved and must be ventilated in the review application. SITA's failure to dispatch the record in the review application cannot render the order final and appealable. The findings made by the court were prima facie and susceptible to alteration by the review court. The mandatory interdict and costs order were also found not to be appealable, as the appeal against the mandatory interdict would be academic due to partial compliance, and no exceptional circumstances exist to...

Court Disposition

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

Orders

  • The application for leave to appeal is dismissed.
  • Costs are awarded against the applicant, including the costs consequent upon the employment of two counsel.