Thandisile Business Services (Pty) Ltd v Department of Home Affairs and Others (2025-035879) [2025] ZAGPPHC 397 (16 April 2025)

30 Reportability
Public Procurement

Brief Summary

Tender — Bid submission — Urgency — Applicant failed to provide required documentation for tender bid and did not attend briefing session — Court found urgency was self-created as the Applicant could have addressed issues earlier in the process — Matter struck from the roll for lack of urgency, with no order as to costs.

IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION , PRETORIA
(l) REPORTAB LE: NO
(2) OF INTEREST TO OTHER JUDGES: NO
(3) REVISED.
16/04/2025
DATE
In the matter between:
THANDISILE BUSINESS SERVICES (PTY) LTD
And
THE DEPARTMENT OF HOME AFFAIRS
LIVHUWANI TOMMY MAKHODE N.O.
KUSILE FACILITIES MANAGEMENT
JUDGMENT / ORDER CASE NO: 2025-035879
Applicant
First Respondent
Second Respondent
Third Respondent
HAVING READ THE DOCUMENTS FILED OF RECORD AND HAVING HEARD THE
RESPECTIVE COUNSEL FOR THE PARTIES; THE COURT FOUND THAT:
2
[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:
Instructed by:
For the Respondents :
Instructed by:
Date of hearing:
Date of delivery: 3
Adv S. Kunene
M. Dlamini Attorneys Inc.
Adv L. Segala
State Attorney, Pretoria
26 March 2025
16 April 2025
THIS JUDGMENT WAS ELECTRONICALLY TRANSMITTED TO THE PARTIES'
LEGAL REPRESENTATIVES AND UPLOADED ONTO CASELINES ON 16 APRIL
2025.