Instrument Transformer Technologies (Pty) Ltd v Eskom Holdings Soc Limited and Others (2020/18623) [2024] ZAGPJHC 444 (9 May 2024)

Instrument Transformer Technologies (Pty) Ltd v Eskom Holdings Soc Limited and Others (2020/18623) [2024] ZAGPJHC 444 (9 May 2024)

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.

Citation
[2024] ZAGPJHC 444
Parties
Applicant: Instrument Transformer Technologies (Pty) Ltd; Respondent: Eskom Holdings SOC Limited; Respondent: Yurisha Pillay; Respondent: Lerato Morife; Respondent: Actom High Voltage Equipment (Pty) Ltd
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
9 May 2024
Case Number
2020/18623
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
Outcome
Applications for leave to appeal dismissed with costs.
Judges
GC Wright
Legal Topics
Mootness, Review of Tender Award, Leave to Appeal, Costs Award
Administrative Law Civil Procedure Mootness Review of Tender Award Leave to Appeal Costs Award

Case Brief

Summary, issues, holding and outcome

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Parties

Instrument Transformer Technologies (Pty) Ltd

Applicant

Eskom Holdings SOC Limited

Respondent

Yurisha Pillay

Respondent

Lerato Morife

Respondent

Actom High Voltage Equipment (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application

Legal Issues

  1. 1 Whether leave to appeal should be granted after the review application was dismissed as moot.
  2. 2 Whether there is a reasonable prospect of success on appeal given the expiry of the relevant contracts.
  3. 3 Whether there are compelling reasons to grant leave to appeal despite mootness.

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.

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.