Policy, Law, Economics and Politics - Deepening Democracy through Access to Information
This privately-owned website is operated and maintained by Creamer Media
We have detected that the browser you are using is no longer supported. As a result, some content may not display correctly.
We suggest that you upgrade to the latest version of any of the following browsers:
         
close notification
24 March 2017
   
 
 
 
 
 
 
Embed Code Close
content
 
Advertisements:
 
 
 
 
 
 
 
 
 
 
 
 
 
  Related social media
 
 
 
 

Summary: unlawful administrative act — reactive challenge — organ of state — maladministration

validity of government contract — contempt of court — rule of law — delay

 

On appeal from the Supreme Court of Appeal (hearing an appeal from the High Court of South Africa, Gauteng Division, Pretoria)

The following order is made:

1. The application to lead new evidence is refused.

2. Leave to appeal is granted.

3. The appeal is upheld insofar as the counter application succeeds.

4. The order of the Supreme Court of Appeal is set aside and replaced with the following:

“i. Within 30 days of this order, Tasima is to hand over the services and the electronic National Traffic Information System to the Road Traffic Management Corporation.

ii. Unless an alternative transfer management plan is agreed to by the parties within 10 days of this order, the hand over is to be conducted in terms of the Migration Plan set out in schedule 18 of the Turnkey Agreement.”

5. The finding of contempt in part 1 of the order made by the Supreme Court of Appeal is upheld for the period before the counter application succeeded, but lapses thereafter.

6. Each party is to pay its own costs.

Edited by: Creamer Media Reporter
 
Comment Guidelines (150 word limit)
 
 
 
 
  Topics on this page
 
 
 
 
 
 
 
 
 
Online Publishers Association
Close