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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.