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[1] In this matter, which was launched in terms of Rule 53 of the Uniform Rules of Court, the applicant sought an order reviewing and setting aside the decision made by the first respondent on 30 August 2010 which reduced the applicant’s container handling volumes as part of a tender process (“the impugned decision”) under an invitation to tender headed with the following preamble:
“Provision of container stevedoring services for Transnet Limited trading as Transnet Port Terminals (hereinafter referred to as “TPT”) at the ports of Durban (Pier 1 and Durban Container Terminal or “DCT”), Port Elizabeth (Port Elizabeth Container Terminal), Ngqura (Ngqura Container Terminal) and Cape Town (Cape Town Terminal including vessels diverted from Cape Town Container Terminal to the Cape Town Multi-Purpose Terminal due to construction) for a period of two years. (‘the tender’)”.
The tender was given the label “Request For Proposal” (“the RFP”) and included in the applicant’s founding papers.1
[2] The notice of motion consisted of two parts, being part A and part B. The matter was initially brought before the Court on an urgent basis whereby the applicant sought interim relief (contained in part A and of the notice of motion) whereby the first respondent’s decision aforesaid would be suspended pending this review application, the relief sought in respect of which is contained in part B of the notice of motion. When the matter served before the court for the first time on 1 October 2010 it was struck of the roll on the grounds of lack of urgency.
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