Trencon Construction (Pty) Ltd v Public Investment Corporation SOC Ltd and Others (49930/2020) [2021] ZAGPPHC 840 (22 November 2021)

Trencon Construction (Pty) Ltd v Public Investment Corporation SOC Ltd and Others (49930/2020) [2021] ZAGPPHC 840 (22 November 2021)

The Court found that the original order omitted a declarator regarding the status of the Government Employees Pension Fund (GEPF) as an organ of state, which was a central issue in the application and addressed in the judgment. The omission constituted a patent error as contemplated by Rule 42(1)(b). However, the Court clarified that the declarator should be limited to the present application, as indicated in footnote 85 of the judgment. Accordingly, the order was amended to declare that, for purposes of the present application, the GEPF is an organ of state in terms of section 239(b)(ii) of the Constitution, and save for this order, the application is dismissed.

Citation
[2021] ZAGPPHC 840
Parties
Applicant: Trencon Construction (Pty) Ltd; Respondent: Public Investment Corporation SOC Ltd; Respondent: Government Employees Pension Fund; Respondent: GVK-Siya Zama Building Contractors (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
22 November 2021
Case Number
49930/2020
Procedural Posture
Urgent Application / Rule 42(1)(b) Application to Amend Order
Outcome
Order amended to declare the second respondent an organ of state for purposes of this application; application otherwise dismissed.
Judges
B Neukircher
Legal Topics
Rule 42 Variation, Organ of State Definition, Declaratory Relief, Administrative Action
Civil Procedure Constitutional Law Rule 42 Variation Organ of State Definition Declaratory Relief Administrative Action

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Parties

Trencon Construction (Pty) Ltd

Applicant

Public Investment Corporation SOC Ltd

Respondent

Government Employees Pension Fund

Respondent

GVK-Siya Zama Building Contractors (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Rule 42(1)(b) Application to Amend Order

Legal Issues

  1. 1 Whether the original order contained a patent error or omission regarding the status of the second respondent as an organ of state.
  2. 2 Whether the order should be amended to include a declarator that the Government Employees Pension Fund is an organ of state for purposes of this application.
  3. 3 Whether the amendment should be limited to the present application.

Ratio Decidendi

The Court found that the original order omitted a declarator regarding the status of the Government Employees Pension Fund (GEPF) as an organ of state, which was a central issue in the application and addressed in the judgment. The omission constituted a patent error as contemplated by Rule 42(1)(b). However, the Court clarified that the declarator should be limited to the present application, as indicated in footnote 85 of the judgment. Accordingly, the order was amended to declare that, for purposes of the present application, the GEPF is an organ of state in terms of section 239(b)(ii) of the Constitution, and save for this order, the application is dismissed.

Court Disposition

Order amended to declare the second respondent an organ of state for purposes of this application; application otherwise dismissed.

Orders

  • For purposes of the present application, the second respondent is an organ of state in terms of section 239(b)(ii) of the Constitution.
  • Save for the aforesaid order, the application is dismissed.