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2024
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[2024] ZAGPJHC 444
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Instrument Transformer Technologies (Pty) Ltd v Eskom Holdings Soc Limited and Others (2020/18623) [2024] ZAGPJHC 444 (9 May 2024)
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
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
1
st
- 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
4
th
Respondent
Adv A Friedman
Adv D Sive
Instructed by
Norton
Rose Fulbright
J Bell
John.Bell@nortonrosefulbright.co.za