Valsir SPA and Another v SABS Commercial SOC Limited (2016/47802) [2017] ZAGPPHC 1296 (15 September 2017)

Valsir SPA and Another v SABS Commercial SOC Limited (2016/47802) [2017] ZAGPPHC 1296 (15 September 2017)

The court found that the respondent, SABS Commercial SOC Limited, failed to take a decision on the applicants' renewal application for certification of their product, constituting a reviewable administrative action under PAJA. The respondent's proposal for an interim agreement did not amount to a final decision on the renewal application and was equivocal. The respondent's lack of testing capacity was not a lawful justification for its failure to perform its statutory duties. The court held that it was just and equitable to grant interim relief by extending the expired certification for six months and ordered the respondent to make a decision on the renewal application within that period....

Citation
[2017] ZAGPPHC 1296
Parties
Applicant: Valsir SPA; Applicant: Valsir-UNEQ (Pty) Limited; Respondent: SABS Commercial SOC Limited
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
15 September 2017
Case Number
2016/47802
Procedural Posture
Review Application / Judgment
Outcome
Application granted in part; interim extension of certification ordered; respondent directed to decide on renewal application within six months; costs awarded to applicants.
Judges
Adams
Legal Topics
Promotion of Administrative Justice Act, Failure to Take Decision, Judicial Review, Public Function, Interim Relief
Administrative Law Promotion of Administrative Justice Act Failure to Take Decision Judicial Review Public Function Interim Relief

Case Brief

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Parties

Valsir SPA

Applicant

Valsir-UNEQ (Pty) Limited

Applicant

SABS Commercial SOC Limited

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the respondent's failure to decide on the renewal application for certification constitutes a reviewable administrative action under PAJA.
  2. 2 Whether the court may grant interim relief extending the expired certification pending the respondent's decision.
  3. 3 Whether the respondent's proposal for an interim agreement amounted to a decision under PAJA.

Ratio Decidendi

The court found that the respondent, SABS Commercial SOC Limited, failed to take a decision on the applicants' renewal application for certification of their product, constituting a reviewable administrative action under PAJA. The respondent's proposal for an interim agreement did not amount to a final decision on the renewal application and was equivocal. The respondent's lack of testing capacity was not a lawful justification for its failure to perform its statutory duties. The court held that it was just and equitable to grant interim relief by extending the expired certification for six months and ordered the respondent to make a decision on the renewal application within that period....

Court Disposition

Application granted in part; interim extension of certification ordered; respondent directed to decide on renewal application within six months; costs awarded to applicants.

Orders

  • The first applicant's certification in respect of its 'HOPE Plastic Piping Systems for Soil and Waste Discharge' (SANS 8770:2008) is extended for six months from the date of this order.
  • The respondent shall take a decision, within six months from the date of this order, on the first applicant's application dated 26 May 2015 for renewal of certification.