1
REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
LIMPOPO DIVISION, POLOKWANE
(1)
(2)
(3)
REP O RTABLE : YES/NO
OF INTERE ST TO THE JUDGES: YES/NO
REVISED .
G2tlh,
DATE : 29 September 2025 SIGNATURE ..
In the matter between:
MEKAN ENGINEERING SERVICES (PTY) LTD
(Registration Number : 2017/123673/07)
And
GATEWAY AIRPORT AUTHORITY (SOC) LTD
(Registration Number : 1995/002792/06)
CASE NO: 4587 / 2018
7729 / 2019
Applicant / Respondent
Respondent / Applicant
Delivered: This judgment is handed down electronically by circulation to the
parties through their legal representatives' email addresses. The date for the
hand-down is deemed to be 29 September 2025.
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REVISED ORDER
Makoti AJ
Introduction
[1] On 28 August 2025 I delivered judgment in two matters which were
consolidated for purposes of hearing. Upon delivery of the judgment I was
alerted to the fact that the orders are somewhat misaligned to some of the
conclusions that I made in the body of the judgment.
[2] By way of example, my orders with respect to costs are not entirely reflective
of my conclusion in paragraph [60] of the judgment. The calculation of
interest also does not reflect that reflect the reality that some of the invoices
have already been settled while others are still outstanding. Different interest
rates apply in respect of different dates and the payment statuses. In my
error I did not reflect that in my order.
[3] It is my considered view therefore that the order contains patent errors which
should be corrected in accordance with the provisions of Rule 42(1 )(b) of the
Uniform Rules of Court, which reads as follow:
"The court may, in addition to any other powers it may have, mero motu or upon the
application of any party affected, rescind or vary-
(a)
(b) an order or judgment in which there is an ambiguity, or a patent error or
omission, but only to the extent of such ambiguity, error or omission."
[4] Having dealt with the errors in my judgment, I substitute my order with the
revised orders which are canvassed below.
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REVISED ORDER
[5] The corrected / revised orders are as follows:
"1. Gateway Airport Authority (SOC) Ltd's ("Gateway'? review application is
dismissed.
2. Gateway is ordered to make payment to Mekan Engineering Services (Pty)
Ltd ("Mekan 'J:
2.1 R5 ,352,255.57 (incl. vat) in respect of outstanding invoices;
2.2 interest in respect of the amounts, for the period, and at rates of
interest per annum , as set out in the table below:
~ I/
Period ---_ i rate amount
(incl. vat) Commenci per
until annum ng
1. R256 ,443.00 2016/09/18 2017/04/26 10.5%
2. R397 ,518.00 ~-- 2016/10/15 2017/04/26 10.5%
3. R397 ,518.00 2016/11/20 2017/04/26 10.5%
~
4. R397 ,518.00 •.. • 2016/12/25 2017/06/01 10.5%
5. R397 ,518.00 2017/01/15 2017/06/30 10.5%
6. R397 ,518.00 2017/02/19 2017/07/28 10.5%
7. R397 ,518.00 2017/03/24 2017/09/22 10.5%
8. R397 ,518.00 2017/04/27 date of 10.5% payment
9. R397 ,518.00 2017/05/29 date of 10.5% payment
10. R397 ,518.00 2017/06/29 date of 10.5% payment
11. R397 ,518.00 2017/07/24 date of 10.5% payment
12. R397 ,518.00 2017/08/25 date of 10.5% payment
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13. R416,922.66 2017/11/26 date of 10.25% payment
14. R437 ,269.80 2017/11/26 date of 10.25% payment
15. R349 ,301.26 2017/12/02 date of 10.25% payment ,
16. R437 ,269.80 2017/12/25 date of 10.25% payment
17. R305 , 040. 86 2017/12/31 date of 10.25% payment
18. R437 ,269.80 2018/01/11 date of 10.25% payment
19. R437 ,269.80 2018/02/26 date of 10.25% payment
20. R437 ,269.80 2018/03/29 date of 10.25% payment
21. R437,269.80 2018/04/22 date of 10.25% payment
22. R67 ,300.00 2018/07/15 date of 10% payment
2.3 R1 ,420,225.00 (incl. vat), plus R39 ,204.28 (incl. vat), plus R11 , 125.44
(inc/. vat) as damages ; and
2.4 interest on each of the amounts of damages set out in paragraph 2.3
(above) at 10% per annum from 31 July 2018 to date of payment.
3. Gateway is ordered to pay Mekan 's costs for the failed review application
on an attorney-client scale, including costs of two counsel, one being
senior counsel where so employed.
4. Gateway is further ordered to pay the costs of Mekan's claim, including all
the costs that were previously reserved, on an attorney client scale with
two counsel on scale C (including for the following dates: 27 to 30 August
2024, 28 October 2024 to 1 November 2024, 6 and 7 November 2024, and
2 and 3 December 2024)."
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M. Z. MAKOTI
ACTING JUDGE OF THE HIGH COURT
LIMPOPO DIVISION
APPEARANCES:
FOR APPLICANT
FOR FIRST RESPONDENT
JUDGMENT DELIVERED
DATE REVISED
ADV H J SMITH SC
A MEYERS
MEYERSINC.ATTORNEYS
C/O CKVZ ATTORNEYS INC.
POLOKWANE
ADV L NEMUKULA
KGATLAINC.ATTORNEYS
POLOKWANE
28 AUGUST 2025
29 SEPTEMBER 2025