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Department of Transport and Others v Tasima (Pty) Limited (CCT5/16) [2016] ZACC 39

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Department of Transport and Others v Tasima (Pty) Limited (CCT5/16) [2016] ZACC 39

11th November 2016

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

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

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

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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.

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