The Laser Transport Group (Pty) Ltd & another v Elliot Mobility (Pty) Ltd & another

DIRCO issued a tender in March 2015 for removal and insurance services for officials. The appellants, incumbent service providers, submitted the lowest-priced and highest-scoring bid. DIRCO cancelled the first tender without detailed reasons and re-advertised a revised tender in August 2015. In the second tender, although the appellants again scored higher overall, DIRCO awarded the four-year contract to the respondents, concluding the contract in November 2015. The appellants challenged the cancellation of the first tender and the award of the second tender, alleging non-compliance with the Preferential Procurement Policy Framework Act 5 of 2000 (PPPFA). The High Court initially set aside the award, but the Full Court overturned that decision and dismissed the review. By the time the matter reached the Supreme Court of Appeal, the contract was close to expiry.

The appeal was dismissed with costs, including the costs of two counsel.

The case reaffirms the doctrine of mootness in South African appellate practice and clarifies that courts will not entertain appeals with no practical effect unless a discrete issue of public importance arises. It underscores judicial restraint in procurement disputes where contracts have largely run their course and reinforces the purpose of section 16(2)(a) of the Superior Courts Act.