1
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, JOHANNESBURG
Case No: 2020/18623, 2020/18624 & 2020/18626
(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
Adv Keneilwe Lefaladi
064 750 7905
Instructed by: Monyemorathoe Attorneys Inc
082 332 5585
1st - 3rd Respondents: Adv AD Stein SC
072 395 5559
Adv Michelle Augustine
083 382 3790
Instructed by: Cheadle Thompson Heysom Inc
011 403 2765
4th Respondent Adv A Friedman
Adv D Sive
Instructed by Norton Rose Fulbright
J Bell
John.Bell@nortonrosefulbright.co.za