Inzalo Enterprise Management Systems (PTY) Ltd v Mogale City Local Municipality and Others (2022/12127) [2022] ZAGPJHC 821 (7 October 2022)

Inzalo Enterprise Management Systems (PTY) Ltd v Mogale City Local Municipality and Others (2022/12127) [2022] ZAGPJHC 821 (7 October 2022)

The court found that the applicant had established exceptional circumstances as required by section 18 of the Superior Courts Act. The municipality's ongoing unlawful conduct and disregard for procurement policies and the Constitution justified the lifting of the automatic suspension of the 14 June 2022 order. The...

Source-derived case information.

Citation
[2022] ZAGPJHC 821
Parties
Applicant: Inzalo Enterprise Management Systems (PTY) Ltd; Respondent: Mogale City Local Municipality; Respondent: Makhosana Msezana N.O; Respondent: Makhosana Msezana
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
7 October 2022
Case Number
2022/12127
Procedural Posture
Urgent Application / Application for Implementation of Order Pending Outcome of Leave to Appeal or Appeal to the Supreme Court of Appeal
Outcome
Application granted; the operation and execution of the 14 June 2022 order is not suspended pending any application for leave to appeal or appeal.
Judges
Molahlehi
Legal Topics
Superior Courts Act Section 18, Exceptional Circumstances, Irreparable Harm, Authority to Defend, Condonation of Late Filing
Administrative Law Civil Procedure Superior Courts Act Section 18 Exceptional Circumstances Irreparable Harm Authority to Defend Condonation of Late Filing

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Parties

Inzalo Enterprise Management Systems (PTY) Ltd

Applicant

Mogale City Local Municipality

Respondent

Makhosana Msezana N.O

Respondent

Makhosana Msezana

Respondent

Procedural Posture

Urgent Application / Application for Implementation of Order Pending Outcome of Leave to Appeal or Appeal to the Supreme Court of Appeal

Legal Issues

  1. 1 Whether the operation and execution of the 14 June 2022 order should be suspended pending the outcome of leave to appeal or appeal to the Supreme Court of Appeal.
  2. 2 Whether the applicant has established exceptional circumstances and irreparable harm as required by section 18 of the Superior Courts Act.
  3. 3 Whether the municipal manager had authority to defend and depose to the answering affidavit.

Ratio Decidendi

The court found that the applicant had established exceptional circumstances as required by section 18 of the Superior Courts Act. The municipality's ongoing unlawful conduct and disregard for procurement policies and the Constitution justified the lifting of the automatic suspension of the 14 June 2022 order. The applicant demonstrated that irreparable harm would result if the order was suspended, while the municipality failed to provide sufficient evidence of any irreparable harm it would suffer if the order was implemented. The court also held that the municipal manager had authority to defend and depose to the answering affidavit, and condoned the late filing of the answering...

Court Disposition

Application granted; the operation and execution of the 14 June 2022 order is not suspended pending any application for leave to appeal or appeal.

Orders

  • The late filing of the answering affidavit is condoned.
  • The second respondent has the authority to defend and prosecute the defence against the application on behalf of the second respondent.