Instrument Transformer Technologies (Pty) Ltd v Eskom Holdings SOC Ltd and Others (2020/18623; 2020/18624; 2020/18626) [2024] ZAGPJHC 1704 (9 May 2024)


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IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, JOHANNESBURG


Case No: 2020/18623, 2020/18624 & 2020/18626

Shape1

(1) REPORTABLE: No

(2) OF INTEREST TO OTHER JUDGES: No

(3) REVISED



9 MAY 2024 _________________________

WRIGHT J



DATE SIGNATURE













In the matter between:


INSTRUMENT TRANSFORMER TECHNOLOGIES (PTY) LTD Applicant


and


ESKOM HOLDINGDS SOC LIMITED 1st Respondent


YURISHA PILLAY 2nd Respondent


LERATO MORIFE 3rd Respondent


ACTOM HIGH VOLTAGE EQUIPTMENT (PTY) LTD 4th Respondent






Applications for leave to appeal



WRIGHT J

[1] The applicant, Instrument seeks leave to appeal my order of 16 April 2024. I dismissed Instrument’s applications to review its exclusion from an Eskom tender process. I did so on the ground of mootness, it being common cause that the relevant four year contracts, awarded to the successful tenderer, Actom come to an end on 14 May 2024.

[2] In my view, the mootness problem for Instrument is now worse and it has no reasonable prospect on appeal and there is no compelling reason to grant leave.



ORDER



[1] The applications are dismissed with party and party costs on scale A, including those of two counsel where so employed.







___________________

GC Wright

Judge of the High Court

Gauteng Division, Johannesburg



HEARD : 9 May 2024

DELIVERED : 9 May 2024



APPEARANCES :

Adv Phazha Jimmy Ngandwe

076 248 0368

Ngandwepj@gmail.com

Adv Keneilwe Lefaladi

064 750 7905

keneilwe@lefaladi.co.za

Instructed by: Monyemorathoe Attorneys Inc

gideon@monyemorathoe.co.za

082 332 5585


1st - 3rd Respondents: Adv AD Stein SC

072 395 5559

astein@group621.co.za

Adv Michelle Augustine

083 382 3790

augustine@alumni.nd.edu

Instructed by: Cheadle Thompson Heysom Inc

011 403 2765

Karien@cth.co.za



4th Respondent Adv A Friedman

Adv D Sive

Instructed by Norton Rose Fulbright

J Bell

John.Bell@nortonrosefulbright.co.za









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