Lepelle Industrial and Mining Supplies CC v Streaks Ahead Investments (Pty) Ltd and Others

Lepelle Industrial and Mining Supplies CC, a licensed fuel retailer, sought to interdict the construction and operation of a competing fuel filling station developed on property in Namakgale, Limpopo. The development was initiated by Streaks Ahead Investments (Pty) Ltd, later sold to Erf 344 Ontwikkeling (Pty) Ltd, with Boroka Filling Station CC operating the fuel station under a retail licence issued in terms of the Petroleum Products Act 120 of 1977. Lepelle objected to the granting of the site and retail licences, lodged internal appeals to the Minister of Energy, and ultimately brought an application in the High Court for a temporary interdict pending review proceedings. By the time the interdict was sought and granted, construction had been completed and Boroka had been trading since May 2014. Subsequent administrative steps included dismissal of Lepelle’s appeal, intervention by the Minister, and transfer of the site licence to the correct owner. The Full Court set aside the interim interdict, and Lepelle sought special leave to appeal to the Supreme Court of Appeal.

The application for special leave to appeal was dismissed. Lepelle was ordered to pay the costs of the first and second respondents, and to pay the third respondent’s costs on the attorney-and-client scale, including the costs of two counsel.

The case underscores the strict requirements for interim interdicts in South African law, particularly the importance of factual foundation, timely litigation, and the balance of convenience. It also illustrates judicial reluctance to grant prohibitory relief that disrupts long-established commercial operations, and clarifies procedural discipline in challenges to administrative licensing decisions under the Petroleum Products Act.