Coetzer and Others v Office of the Chief Justice (043089/2023) [2025] ZAGPPHC 507 (13 May 2025)

Case Note

This case involves an intervention application brought by former employees of the Office of the Chief Justice in relation to a main application for self-review of a tender awarded by the Office of the Chief Justice to Thomson Reuters (Professional) UK Ltd. The case is recorded as Case No. 043089/2023 and was delivered on 13 May 2025 in the High Court of South Africa (Gauteng Division, Pretoria).

The matter is significant due to its implications on tender processes and the conduct of former employees in public procurement. It also raises important questions regarding defamation, reputation, and the right to dignity during judicial proceedings.

The judgment was handed down by Justice Millar and forms part of an intricate dispute that includes multiple applicants, respondents, and associated government agencies.

Reportability

This case is reportable as it addresses the crucial issue of intervention in tender review processes. The applicants, who have raised concerns about allegations allegedly tarnishing their reputations, seek to have the record assessed in light of potential defamatory statements. The case is significant because it underscores the importance of ensuring fairness in public procurement auditing and that allegations are not allowed to unjustly prejudice individuals without a solid evidential basis.

Its reportability is further enhanced by the court’s detailed consideration of the scope of intervention as provided under the rules of court and the application of established principles from previous jurisprudence. The judgment demonstrates the balancing act between allowing participation in court proceedings and maintaining the integrity of the review process.

The decision also highlights the need for judicial restraint in dealing with inflammatory allegations that might otherwise serve to unfairly harm the reputation of those involved, thereby reinforcing the protections afforded to individual dignity within judicial proceedings.

Cases Cited

National Director of Public Prosecutions v Zuma, 2009 (2) SA 277 (SCA)
Peermont Global (KZN) (Pty) Ltd v Afrisun KZN (Pty) t/a Sibaya Casino Entertainment Kingdom and Others and a related matter [2020] 4 All SA 226 (KZP)

Legislation Cited

No specific primary legislation was cited in the judgment. The focus was instead on the application of procedural rules.

Rules of Court Cited

Rule 12, which governs the process for seeking leave to intervene in an action
Rule 6(14), which extends the application of Rule 12 to motion proceedings

HEADNOTE

Summary

The judgment deals with an intervention application where the applicants, all former employees of the Office of the Chief Justice, sought to join the main application for self-review of a tender awarded to Thomson Reuters (Professional) UK Ltd. The applicants contended that allegations regarding their role in the procurement process were false, defamatory, and aimed at damaging their reputations and future commercial prospects. The intervention was sought to safeguard their rights to dignity and to ensure they had an opportunity to be heard.

The court carefully examined whether the applicants possessed a direct and substantial interest in the outcome of the proceedings, as required by established legal principles. In its analysis, the court referenced prior case law to emphasize that an intervention must be rooted in an interest in the order itself and not merely in the reasoning behind it.

Ultimately, the court found that the applicants’ sole interest was in the reasoning of the review and that they had already acknowledged no interest in any alternative order. This led to the conclusion that their application to intervene did not meet the necessary criteria set out by the rules of court.

Key Issues

The case primarily addressed the applicants’ standing to intervene in the tender review process and whether their alleged defamation claims provided a sufficient basis for intervention. The court also analyzed the broader implications of their past conduct as public officials and the relevance of such conduct to the merits of the review application. Furthermore, the judgment scrutinized the nature and admissibility of the scandalous allegations contained within the founding affidavit of the main application.

Held

The court held that the applicants lacked a direct and substantial interest in the outcome of the main proceedings, as their concerns were limited to the reasoning of the decision rather than any potential order affecting them. Consequently, their application to intervene was refused. Additionally, the court determined that certain paragraphs of the founding affidavit, which were deemed scandalous and vexatious, should be struck out to prevent undue harm to reputations.

THE FACTS

The background of the case centers on a tender issued by the Office of the Chief Justice to Thomson Reuters (Professional) UK Ltd. It emerged that several former employees of the OCJ were involved in the procurement process and subsequently established a consulting firm that was awarded a sub-contract under the main tender. The OCJ later became aware of this connection and initiated a self-review of the tender award. In light of this development, the former employees sought to intervene to challenge allegations about their conduct during their period of employment.

These former employees argued that the negative allegations contained in the OCJ’s affidavit were baseless and intended solely to harm their reputations within the industry. They maintained that their past conduct should be considered within the context of routine employment scrutiny and not as evidence of any malfeasance in the procurement process. The facts also reveal procedural overlaps between the main tender review and the intervention application, which complicated the matters before the court.

The dispute further involves an ancillary application by the OCJ to strike out several paragraphs of its own affidavit, which it described as scandalous and vexatious due to the inflammatory nature of the allegations directed at its former Secretary General. This element of the case illustrates the complex interplay between internal accountability, reputational management, and adherence to judicial standards in public procurement processes.

THE ISSUES

The primary legal issue was determining whether the former employees had a sufficient and direct interest in the outcome of the tender review proceedings to justify their intervention. The court had to decide if an intervention on the grounds of safeguarding their reputation and dignity was appropriate when their interest was not linked to any potential order but rather to the reasoning behind the review decision.

Another critical question was whether the procedural rules, particularly Rule 12 and its application in motion proceedings under Rule 6(14), supported an intervention in cases where the applicant’s claim is based on the alleged defamatory nature of the record. More broadly, the court examined the appropriateness of allowing intervention in cases where the applicant’s alleged past conduct was already subject to the review process.

The juxtaposition of these issues raised concerns about the interplay between the integrity of the procurement system and the constitutional rights of individuals to a fair hearing and dignity, thereby compelling the court to scrutinize both procedural and substantive elements of law.

ANALYSIS

In its analysis, the court began by reaffirming the established test for intervention drawn from the decision in National Director of Public Prosecutions v Zuma. The court underscored that a prospective intervener must demonstrate a direct and substantial interest in the outcome of the proceedings, not merely an interest in the judicial reasoning or ex post facto vindication. The applicants’ own acknowledgment that they had no interest in any order weighed heavily against their application.

The reasoning proceeded by emphasizing that the review proceedings would focus on the record concerning the conduct of the applicants while they were employed by the OCJ. The court highlighted that it was for the reviewing court to assess the veracity and relevance of any adverse statements and thus decide on the merit of the allegations against the applicants. This approach clearly placed the focus on the facts contained in the record rather than on extraneous intervention by parties with limited interests.

Furthermore, the court addressed the effect of the scandalous and vexatious allegations made concerning the former Secretary General. It noted that repeating such inflammatory claims without proper substantiation would serve no useful purpose and could only tarnish reputations further. The decision to strike out these paragraphs from the affidavit was seen as necessary to safeguard the integrity of the judicial process and prevent unnecessary reputational harm.

REMEDY

The remedy provided in this case was twofold. Firstly, the court refused the application for intervention by the applicants on the grounds that they did not have a direct and substantial interest in the review’s outcome. This refusal was based on a strict interpretation of the intervention rules and precedent from prior case law.

Secondly, the court granted the OCJ’s motion to strike out specific paragraphs of its own founding affidavit. These paragraphs, which were deemed scandalous and vexatious, were removed to prevent the perpetuation of unsubstantiated allegations that could unjustly prejudice the reputations of the involved parties. This remedy aimed to ensure that the proceedings would focus solely on substantiated evidence rather than on inflammatory assertions.

The dual approach taken by the court serves not only to dismiss an unmerited intervention but also to maintain the integrity of the judicial record in sensitive matters involving public procurement and reputational issues.

LEGAL PRINCIPLES

The case firmly establishes that an application to intervene in judicial proceedings must be predicated on a direct and substantial interest in the eventual outcome, particularly in terms of the order below. The ruling reinforces that an applicant’s interest based solely on a desire to challenge reasoning without a corresponding interest in the order is insufficient.

Moreover, the judgment illustrates the principle that allegations made in judicial affidavits, if found to be scandalous and vexatious, may be struck out to protect the reputations of individuals and to preserve the integrity of the judicial process. This is especially pertinent when such allegations are unsubstantiated and primarily serve to demean.

Finally, the decision underscores the importance of a fair and balanced review process in public procurement, ensuring that each party’s past conduct is evaluated within its appropriate context. The judgment reinforces that the merits of a review proceeding should rest on the established facts and not on extraneous and inflammatory claims that risk undermining procedural fairness and individual dignity.