HT Pelatona Projects (Pty) Ltd v Nelson Mandela Bay Local Municipality (2807/2020)
HT Pelatona Projects (Pty) Ltd v Nelson Mandela Bay Local Municipality (2807/2020) [2022] ZAECPEHC 1 (18 January 2022)
The court found that the SIU failed to demonstrate a direct and substantial legal interest in the payment application between Pelatona and the municipality. The SIU's statutory powers under the Special Investigating Units and Tribunals Act do not extend to intervening in litigation for the purpose of opposing payment applications unless it institutes its own civil proceedings. The SIU did not provide prima facie proof of a right to intervene, as its allegations were based on hearsay and opinion evidence without supporting facts. The payment certificates issued to Pelatona were unchallenged an…
Source excerpt
- Intervention Application
- Statutory Powers Of Siu
- Payment Certificates
- Special Investigating Units And Tribunals Act
- Prima Facie Right To Intervene