South Africa: Limpopo High Court, Polokwane

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[2023] ZALMPPHC 53
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MEC Limpopo Department of Education v Monkwe Dietrics Services (Pty) Ltd and Others - Leave to Appeal (4663/2021) [2023] ZALMPPHC 53 (20 July 2023)
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REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
(LIMPOPO DIVISION, POLOKWANE)
CASE №: 4663/2021
NOT REPORTABLE
NOT OF INTEREST TO OTHER JUDGES
REVISED
In the matter between:
MEC: LIMPOPO DEPARTMENT OF EDUCATION
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FIRST APPLICANT |
V
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MONKWE DIETRICS SERVICES (PTY) LTD |
FIRST RESPONDENT
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ALIJOY TRADING ENTERPRISE (PTY) LTD
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SECOND RESPONDENT |
NKASI GENERAL TRADING (PTY) LTD
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THIRD RESPONDENT |
SUCESFUL BIDDERS: BID №: LDE/B52/2019/20
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FOURTH RESPONDENT |
In Re:
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MONKWE DIETRICS SERVICES (PTY) LTD |
FIRST APPLICANT
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ALIJOY TRADING ENTERPRISE (PTY) LTD
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SECOND APPLICANT |
NKASI GENERAL TRADING (PTY) LTD
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THIRD APPLICANT |
And
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MEC: LIMPOPO DEPARTMENT OF EDUCATION
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FIRST RESPONDENT |
SUCESFUL BIDDERS: BID №: LDE/B52/2019/20 |
SECOND RESPONDENT |
LEAVE TO APPEAL JUDGMENT
MANGENA AJ
[1] The Applicant seeks leave to appeal a whole of the judgment and orders delivered by this court on 22 February 2022.
[2] The grounds of appeal are set out in the application for leave to appeal and were amplified in both the written heads of argument and oral submissions.
[3] I have given due considerations to the grounds of appeal and took great care to revisit the authorities referred to by counsel with a view to establish if indeed there were misdirections as contended by the applicant.
[4] Having considered the submissions and the authorities relied upon, I am not persuaded that the applicant met the threshold required for the granting of the leave to appeal, namely that the appeal would have a reasonable prospect of success.
[5] Consequently the application for leave to appeal is dismissed with costs.
MANGENA AJ
Acting Judge of the High Court
Limpopo Division, Polokwane
APPEARANCES:
HEARD ON : 29 June 2023
JUDGMENT DELIVERED ON : 20 July 2023. This judgment was handed down electronically by circulation to the parties’ representatives by email. The date and time for hand-down of the judgment is deemed to be 20 July 2023 at 12:00
FOR THE APPLICANT : Adv. Ramawele SC
Adv. Gaisa
INSTRUCTED BY : State Attorneys
FOR THE RESPONDENT : Adv. MR Maphuta
INSTRUCTED BY : Gwebu Inc Attorney
c/o Michael Raphela Attorneys