Tyte Security Services CC v Western Cape Provincial Government and Others

The Western Cape Provincial Government awarded a security services tender in March 2021 jointly to Tyte Security Services CC and Seal Security. That award was reviewed and set aside as unlawful, but its invalidity was suspended pending a fresh tender process, during which Tyte and Seal continued rendering services. In May 2023, following a new tender process, the contract was awarded to Royal Security CC. Tyte and Seal unsuccessfully reviewed this second award. After the High Court upheld the award to Royal and ordered Royal to take over the contract, Tyte sought leave to appeal. Royal applied under s 18 of the Superior Courts Act to enforce the High Court order pending appeal. The High Court granted the s 18 execution order. Tyte appealed to the Supreme Court of Appeal against that execution order.

The appeal against the section 18 execution order was dismissed with costs, including the costs of two counsel where employed.

The judgment provides authoritative clarification of the interpretation and application of section 18 of the Superior Courts Act. It confirms that courts retain a discretion and are not bound to a rigid, tick-box approach when considering exceptional circumstances and irreparable harm. The case is significant for procurement litigation, emphasising the public interest, cost-effectiveness, and the prevention of ongoing benefit from unlawfully awarded tenders.