Instrument Transformer Technologies (Pty) Ltd v Eskom Holdings Soc Limited and Others (2020/18623) [2024] ZAGPJHC 444 (9 May 2024)
- Citation
- [2024] ZAGPJHC 444
- Status
- Order
- Jurisdiction
- South Africa
- Court
- South Gauteng High Court, Johannesburg
- Panel
- GC Wright
- Case number
- 2020/18623
More details
- Court
- South Gauteng High Court, Johannesburg
- Panel
- GC Wright
- Case number
- 2020/18623
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the applicant's exclusion from the Eskom tender process was no longer a live issue because the relevant contracts would expire on 14 May 2024. The dispute had become moot, and the applicant had no reasonable prospect of success on appeal. There was no compelling reason to grant leave to appeal. Accordingly, the applications for leave to appeal were dismissed with costs, including costs of two counsel where so employed.
Court disposition
Applications for leave to appeal dismissed with costs.
Orders
- The applications for leave to appeal are dismissed with party and party costs on scale A, including those of two counsel where so employed.
02
Material facts
Parties
Instrument Transformer Technologies (Pty) Ltd
Applicant Counsel: Adv Phazha Jimmy NgandweEskom Holdings SOC Limited
Respondent Counsel: Adv AD Stein SCYurisha Pillay
Respondent Counsel: Adv AD Stein SCLerato Morife
Respondent Counsel: Adv AD Stein SCActom High Voltage Equipment (Pty) Ltd
Respondent Counsel: Adv A Friedman03
Procedural history
Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
04
Questions and positions
Legal issues
- 01
Whether leave to appeal should be granted after the review application was dismissed as moot.
- 02
Whether there is a reasonable prospect of success on appeal given the expiry of the relevant contracts.
- 03
Whether there are compelling reasons to grant leave to appeal despite mootness.
Party arguments
- Applicant
- The applicant argued that leave to appeal should be granted against the order dismissing its review application regarding exclusion from an Eskom tender process. It contended that the matter was not moot and that there were prospects of success on appeal.
- Respondent
- The respondents argued that the contracts in question would expire imminently, rendering the dispute moot. They submitted that there were no reasonable prospects of success on appeal and no compelling reason to grant leave.
05
Court’s reasoning
Legal principles
- 01
Section 17(1)(a) of the Superior Courts Act 10 of 2013
Leave to appeal should not be granted where the matter is moot and there are no reasonable prospects of success.
- 02
Mootness doctrine as applied in South African administrative law
A court may refuse leave to appeal if the dispute has become academic due to the expiry of the underlying contract.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the applicant's exclusion from the Eskom tender process was no longer a live issue because the relevant contracts would expire on 14 May 2024. The dispute had become moot, and the applicant had no reasonable prospect of success on appeal. There was no compelling reason to grant leave to appeal. Accordingly, the applications for leave to appeal were dismissed with costs, including costs of two counsel where so employed.
Obiter and limits
- The court noted that the mootness problem had worsened since the initial dismissal of the review application.
- The judgment reinforces that courts should not entertain appeals on academic or moot issues, especially where the underlying contracts have expired.
Court disposition
Applications for leave to appeal dismissed with costs.
- The applications for leave to appeal are dismissed with party and party costs on scale A, including those of two counsel where so employed.
Source and reliance status
South Gauteng High Court, Johannesburg
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
South Gauteng High Court, Johannesburg
Order
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, JOHANNESBURG
Case No: 2020/18623, 2020/18624 & 2020/18626
1. REPORTABLE: No
2. OF INTEREST TO OTHER JUDGES: No
3.
REVISED
9 May 2024
In the matter between:
INSTRUMENT TRANSFORMER TECHNOLOGIES (PTY) LTD Applicant
and
ESKOM
HOLDINGDS SOC LIMITED 1st
Respondent
YURISHA
PILLAY 2nd
Respondent
LERATO
MORIFE 3rd
Respondent
ACTOM HIGH VOLTAGE EQUIPTMENT (PTY) LTD 4th
Respondent
Applications for leave to appeal
WRIGHT J
[1] The applicant, Instrument seeks leave to appeal my order of 16 April 2024. I dismissed Instrument’s applications to review its exclusion from an Eskom tender process. I did so on the ground of mootness, it being common cause that the relevant four year contracts, awarded to the successful tenderer, Actom come to an end on 14 May 2024.
[2] In my view, the mootness problem for Instrument is now worse and it has no reasonable prospect on appeal and there is no compelling reason to grant leave.
ORDER
[1] The applications are dismissed with party and party costs on scale A, including those of two counsel where so employed.
GC Wright
Judge of the High Court
Gauteng Division, Johannesburg
HEARD : 9 May 2024
DELIVERED : 9 May 2024
APPEARANCES :
Adv Phazha Jimmy Ngandwe
076 248 0368
Ngandwepj@gmail.com
Adv Keneilwe Lefaladi
064 750 7905
keneilwe@lefaladi.co.za
Instructed by: Monyemorathoe Attorneys Inc
gideon@monyemorathoe.co.za
082 332 5585
1st - 3rd Respondents: Adv AD Stein SC
072 395 5559
astein@group621.co.za
Adv Michelle Augustine
083 382 3790
augustine@alumni.nd.edu
Instructed by: Cheadle Thompson Heysom Inc
011 403 2765
Karien@cth.co.za
4th Respondent Adv A Friedman
Adv D Sive
Instructed by Norton Rose Fulbright
J Bell
John.Bell@nortonrosefulbright.co.za
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