Valspir Spa and Another v SABS Commercial Soc Limited (2016/47802) [2017] ZAGPJHC 257 (24 September 2017)

Valspir Spa and Another v SABS Commercial Soc Limited (2016/47802) [2017] ZAGPJHC 257 (24 September 2017)

The respondent, as an organ of state and administrator under PAJA, failed to take a decision on the applicants' renewal application for certification of HDPE Plastic Piping Systems for Soil and Waste Discharge, despite being legally obliged to do so. The respondent's operational incapacity and lack of testing facilities did not justify its failure to perform its statutory duties. The respondent's proposal for an interim agreement did not constitute a proper administrative decision. In terms of section 6(2)(g) of PAJA, this failure is reviewable. The court, exercising its powers under section 8 of PAJA, found it just and equitable to grant interim relief by extending the expired...

Citation
[2017] ZAGPJHC 257
Parties
Applicant: Valsir Spa; Applicant: Valsir - UNEEQ (Pty) Limited; Respondent: SABS Commercial Soc Limited
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
24 September 2017
Case Number
2016/47802
Procedural Posture
Review Application / Judgment
Outcome
Application granted in part: interim extension of certification and order compelling respondent to decide renewal application.
Judges
Adams
Legal Topics
Promotion of Administrative Justice Act, Failure to Take a Decision, Product Certification, Standards Act, Just and Equitable Remedy
Administrative Law Commercial and Corporate Promotion of Administrative Justice Act Failure to Take a Decision Product Certification Standards Act Just and Equitable Remedy

Case Brief

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Parties

Valsir Spa

Applicant

Valsir - UNEEQ (Pty) Limited

Applicant

SABS Commercial Soc Limited

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the respondent's failure to decide the applicants' renewal application for product 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 operational incapacity justifies its failure to perform statutory duties.

Ratio Decidendi

The respondent, as an organ of state and administrator under PAJA, failed to take a decision on the applicants' renewal application for certification of HDPE Plastic Piping Systems for Soil and Waste Discharge, despite being legally obliged to do so. The respondent's operational incapacity and lack of testing facilities did not justify its failure to perform its statutory duties. The respondent's proposal for an interim agreement did not constitute a proper administrative decision. In terms of section 6(2)(g) of PAJA, this failure is reviewable. The court, exercising its powers under section 8 of PAJA, found it just and equitable to grant interim relief by extending the expired...

Court Disposition

Application granted in part: interim extension of certification and order compelling respondent to decide renewal application.

Orders

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