Western Cape Provincial Government and Others v D C Security (Pty) Ltd t/a D C Security and Others (971/2023) [2025] ZASCA 35 (1 April 2025)

Western Cape Provincial Government and Others v D C Security (Pty) Ltd t/a D C Security and Others (971/2023) [2025] ZASCA 35 (1 April 2025)

The Supreme Court of Appeal found that the appeal was moot because all contracts under the disputed tender had expired and the departments had exited the framework agreement. The high court's order preserved the contracts until their termination dates, ensuring no adverse effect on the parties' rights. No live controversy remained, and the issues raised were academic. The court considered whether to exercise its discretion to hear the appeal despite mootness but concluded that no discrete legal issue of public importance was present. The purported issues were fact-based and did not warrant adjudication for future matters. Accordingly, the appeal was dismissed with costs.

Citation
[2025] ZASCA 35
Parties
Appellant: Western Cape Provincial Government; Appellant: Acting Director: Supply Chain Management; Appellant: Accounting Officer of the Department of Finance, Western Cape Provincial Government; Appellant: Head of Department of Community Safety, Western Cape Provincial Government; Respondent: D C Security (Pty) Ltd t/a D C Security; Respondent: Sechaba Protection Services Western Cape (Pty) Ltd; Respondent: Delta Corporate Security Services (Pty) Ltd
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
1 April 2025
Case Number
971/2023
Procedural Posture
Civil Appeal / Appeal From Western Cape Division of the High Court, Cape Town
Outcome
Appeal dismissed with costs, including costs of two counsel where applicable.
Judges
Mbatha, Baartman, Windell, Modiba, Norman
Legal Topics
Promotion of Administrative Justice Act, Mootness, Public Procurement, Review of Tender Awards
Administrative Law Civil Procedure Promotion of Administrative Justice Act Mootness Public Procurement Review of Tender Awards

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Western Cape Provincial Government

Appellant

Acting Director: Supply Chain Management

Appellant

Accounting Officer of the Department of Finance, Western Cape Provincial Government

Appellant

Head of Department of Community Safety, Western Cape Provincial Government

Appellant

D C Security (Pty) Ltd t/a D C Security

Respondent

Sechaba Protection Services Western Cape (Pty) Ltd

Respondent

Delta Corporate Security Services (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From Western Cape Division of the High Court, Cape Town

Legal Issues

  1. 1 Whether the appeal is moot and should be dismissed on that basis.
  2. 2 Whether the court should exercise its discretion to hear the appeal despite mootness.
  3. 3 Whether any discrete legal issue of public importance arises warranting adjudication.

Ratio Decidendi

The Supreme Court of Appeal found that the appeal was moot because all contracts under the disputed tender had expired and the departments had exited the framework agreement. The high court's order preserved the contracts until their termination dates, ensuring no adverse effect on the parties' rights. No live controversy remained, and the issues raised were academic. The court considered whether to exercise its discretion to hear the appeal despite mootness but concluded that no discrete legal issue of public importance was present. The purported issues were fact-based and did not warrant adjudication for future matters. Accordingly, the appeal was dismissed with costs.

Court Disposition

Appeal dismissed with costs, including costs of two counsel where applicable.

Orders

  • The appeal is dismissed with costs, including costs of two counsel where applicable.