New Republic Bank Limited v MEC for Sports, North-West Province (72/2004) [2006] ZANWHC 38 (30 May 2006)

New Republic Bank Limited v MEC for Sports, North-West Province (72/2004) [2006] ZANWHC 38 (30 May 2006)

The court found that there are no reasonable prospects that another court would interpret the distinction between 'sole power' and 'power' in the respective Tender Board Acts as material enough to affect the outcome. The dicta in Eastern Cape Provincial Government v Contractprops remain applicable, and the applicant's partial success did not warrant a costs award. Accordingly, the application for leave to appeal was dismissed with costs.

Citation
[2006] ZANWHC 38
Parties
Applicant: New Republic Bank Limited; Respondent: MEC for Sport, North West Province
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
30 May 2006
Case Number
72/2004
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Judgment
Outcome
Application for leave to appeal dismissed with costs.
Judges
M.T.R. Mogoeng
Legal Topics
Leave to Appeal, Costs Award, Interpretation of Statutes
Civil Procedure Leave to Appeal Costs Award Interpretation of Statutes

Case Brief

Summary, issues, holding and outcome

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Parties

New Republic Bank Limited

Applicant

MEC for Sport, North West Province

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Judgment

Legal Issues

  1. 1 Whether there are reasonable prospects that another court may find the interpretation of 'sole power' in the Eastern Cape Tender Board Act materially different from 'power' in the North West Tender Board Act, thereby rendering the dicta in Eastern Cape Provincial Government v Contractprops inapplicable.
  2. 2 Whether the applicant should have been awarded costs for partial success.

Ratio Decidendi

The court found that there are no reasonable prospects that another court would interpret the distinction between 'sole power' and 'power' in the respective Tender Board Acts as material enough to affect the outcome. The dicta in Eastern Cape Provincial Government v Contractprops remain applicable, and the applicant's partial success did not warrant a costs award. Accordingly, the application for leave to appeal was dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.