Ethekwini Municipality v Combined Transport Services (Pty) Ltd and Others

The eThekwini Municipality and the KwaZulu-Natal Department of Transport had outsourced subsidised public bus services in Durban to Remant/Alton Land Transport (Pty) Ltd under a seven-year contract (2003–2010). In June 2009 Remant gave notice of early termination and was unable to source an alternate operator as required by the contract. The provincial authorities then appointed Tansnat Bus Service (Pty) Ltd as an alternate operator for the remaining 15 months of the contract without inviting tenders. Competing bus operators brought an urgent review application in the KwaZulu-Natal High Court, which set aside the appointment on the basis that it did not comply with the tendering requirements in s 47 of the National Land Transport Transition Act 22 of 2000. The municipality and transport authorities appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs on the ground that it was moot and would have no practical effect or result.

The case affirms and applies the doctrine of mootness in South African appellate practice and clarifies the scope of the Supreme Court of Appeal’s discretionary power under s 21A of the Supreme Court Act to dismiss appeals that have no practical effect. It reinforces the principle that courts do not give advisory opinions on abstract or academic issues.