Nucon Roads And Civils (Pty) Ltd v Mangaung Metropolitan Municipality and Others (4493/2013) [2015] ZAFSHC 57

10th April 2015

Nucon Roads And Civils (Pty) Ltd v Mangaung Metropolitan Municipality and Others (4493/2013) [2015] ZAFSHC 57

[1] This is an application to determine costs arising out of two previous applications.


[2] The applicant and others submitted tenders for certain road works to be undertaken for and on behalf of the first respondent. The applicant’s tender was rejected; the first respondent awarded the tender to the second respondent and concluded a contract with it accordingly. The third respondent was sub-contracted by the second respondent to perform the works in accordance with the contract.


[3] The applicant brought an urgent application (the interdict application) and obtained a court order on 22 August 2013 which, inter alia, granted a rule nisi interdicting the first respondent from giving effect to the contract awarded to the second respondent and directed the first respondent to give written reasons with regard to the evaluation and adjudication of the tender and award of the contract. Costs of that application were reserved for determination by the court hearing the review application referred to hereafter. On the return day of that application, being 12 September 2013, an order was taken by agreement between the parties regarding the further conduct of the matter and the costs of that hearing were also reserved for determination by the court hearing the review application. The court also directed that the rule nisi (the interim order) issued on 22 August 2013 continue to serve as an interim interdict.