Western Cape Provincial Government and Others v D C Security (Pty) Ltd t/a D C Security and Others

In November 2017, the Western Cape Provincial Government issued a tender for a framework agreement for the transversal provision of security services to 13 provincial departments. The tender envisaged a panel of service providers and the conclusion of contracts through a ‘call‑off’ system as and when services were required. Three security companies, D C Security, Sechaba Protection Services, and Delta Corporate Security Services, were dissatisfied with the allocation of contracts under the call‑off process and brought consolidated review proceedings in the Western Cape High Court under the Promotion of Administrative Justice Act 3 of 2000 (PAJA). On 1 July 2022, the High Court declared the tender and decisions taken under it invalid, but allowed existing contracts to remain in force until their termination dates and ordered the province to initiate a fresh procurement process. The Provincial Government appealed to the Supreme Court of Appeal. By the time the appeal was heard, all contracts concluded under the tender had expired or been exited by departments, and new procurement processes had been initiated.

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

The case reinforces the doctrine of mootness in South African appellate practice and clarifies that courts will not entertain appeals that have become academic, particularly in public procurement disputes where contracts have expired. It underscores the limited circumstances in which courts will exercise discretion to hear moot matters and affirms that appellate courts do not provide advisory opinions on abstract or abandoned procurement processes.