SKG Africa (Pty) Ltd v Special Investigating Unit and Others (2025-034050) [2025] ZAGPPHC 485 (9 May 2025)

16 Reportability
Civil Procedure

Brief Summary

Interdict — Urgent application — Removal from roll for lack of urgency — Applicant sought interdictory relief but was found not to meet urgency requirements — Court corrected previous orders, including costs order in favor of the First Respondent — Final ruling confirmed removal from roll and imposed costs on the Applicant.

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[2025] ZAGPPHC 485
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SKG Africa (Pty) Ltd v Special Investigating Unit and Others (2025-034050) [2025] ZAGPPHC 485 (9 May 2025)

IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION,
PRETORIA
CASE
NO: 2025-034050
(1)
REPORTABLE:
NO
(2)
OF INTEREST TO OTHER JUDGES:
NO
(3)
REVISED.
DATE
09/05/2025
SIGNATURE
In
the matter between:
SKG
AFRICA (PTY) LTD
Applicant
And
SPECIAL
INVESTIGATING UNIT
First
Respondent
RYDEN
INTERNATIONAL PROPERTY CONSULTANTS (PTY) LTD
Second
Respondent
BENAL
PROPERTY INVESTMENTS (PTY) LTD
Third
Respondent
THE
ROYAL PROPERTY TRUST
Fourth
Respondent
SHULA
DEVELOPERS (PTY) LTD
Fifth
Respondent
JUDGMENT
MBONGWE
J:
[1]
On 26 March
2025 in the Urgent Court I heard an opposed application for
interdictory relief.
[2]
At the
conclusion of the hearing I gave an
ex
tempore
judgment and ordered that the matter was not urgent and that it is
removed from the roll.
[3]
A request
by Counsel for the Applicant that an order be made directing the
times for the Applicant to institute a review application
in respect
of which the interdict was sought be included in the removal order
was erroneously entertained and an order, order 2,
issued.
[4]
A further
error, the costs order that was supposed to be in favour of the First
Respondent was given in favour of the Applicant.
[5]
I have on
09 May 2025, pursuant to correspondence from the First Respondent’s
attorneys, had a meeting with,
inter
alia
,
Counsel for the parties to explain the errors and advise that the
order dated 28 March 2025 will be corrected and aligned with
the
conclusion reached on 26 March 2025 as follows:
1.1.
Order 1 for
the removal of the matter from the roll for lack of urgency remains.
1.2.
Order 2
relating to review proceedings to be launched by the Applicant is
deleted.
1.3.
Order 3 is
deleted and substituted with the following:

3. The Applicant
is ordered to pay the costs of this application, which costs shall
include the costs consequent upon employment
of two counsel.”
MPN MBONGWE
JUDGE OF THE HIGH
COURT
GAUTENG DIVISION,
PRETORIA
Appearances:
For
the Applicant:
Adv
A Botha SC; Adv J Pretorius
Instructed
by:
Sims
Attorneys
For
the First Respondent:
Adv
S Khumalo; Adv NC Nhlapho
Instructed
by:
Noko
Maimela Attorneys
Date
of hearing:
25
& 26 March 2025
Date
of Order:
28
March 2025
Date
of Revised Judgment:
09
May 2025