South Africa: North Gauteng High Court, Pretoria

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[2025] ZAGPPHC 397
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Thandisile Business Services (Pty) Ltd v Department of Home Affairs and Others (2025-035879) [2025] ZAGPPHC 397 (16 April 2025)
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IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
CASE NO: 2025-035879
(1) REPORTABLE: NO
(2) OF INTEREST TO OTHER JUDGES: NO
(3) REVISED.
DATE 16/04/2025
SIGNATURE
In the matter between:
THANDISILE BUSINESS SERVICES (PTY) LTD Applicant
And
THE DEPARTMENT OF HOME AFFAIRS First Respondent
LIVHUWANI TOMMY MAKHODE N.O. Second Respondent
KUSILE FACILITIES MANAGEMENT Third Respondent
JUDGMENT/ ORDER
HAVING READ THE DOCUMENTS FILED OF RECORD AND HAVING HEARD THE RESPECTIVE COUNSEL FOR THE PARTIES; THE COURT FOUND THAT:
[1] The Applicant had opportunities to explain to the First Respondent why it was not possible for it to attach the specific documentation required in the published invitation to bid. This the Applicant could have done soon after the publication and when it submitted its bid or, at the latest, at the subsequent briefing session which the Applicant did not attend “as it was not compulsory”, opting instead to wait until the process is completed and the tender awarded, to then seek a review of the proceedings. Urgency was, in my view, self-created on these facts.
ORDER
1. The matter is struck from the roll for lack of urgency.
2. No order is made as to costs.
MPN MBONGWE
JUDGE OF THE HIGH COURT
GAUTENG DIVISION, PRETORIA
Appearances:
For the Applicant: |
Adv S. Kunene |
Instructed by: |
M. Dlamini Attorneys Inc. |
For the Respondents: |
Adv L. Segola |
Instructed by: |
State Attorney, Pretoria |
Date of hearing: |
26 March 2025 |
Date of delivery: |
16 April 2025 |
THIS JUDGMENT WAS ELECTRONICALLY TRANSMITTED TO THE PARTIES’ LEGAL REPRESENTATIVES AND UPLOADED ONTO CASELINES ON 16 APRIL 2025.