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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


FIRST APPLICANT

V



MONKWE DIETRICS SERVICES (PTY) LTD

FIRST RESPONDENT


ALIJOY TRADING ENTERPRISE (PTY) LTD


SECOND RESPONDENT

NKASI GENERAL TRADING (PTY) LTD


THIRD RESPONDENT

SUCESFUL BIDDERS: BID : LDE/B52/2019/20


FOURTH RESPONDENT

In Re:



MONKWE DIETRICS SERVICES (PTY) LTD

FIRST APPLICANT


ALIJOY TRADING ENTERPRISE (PTY) LTD


SECOND APPLICANT

NKASI GENERAL TRADING (PTY) LTD


THIRD APPLICANT

And



MEC: LIMPOPO DEPARTMENT OF EDUCATION


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