Manong & Associates (Pty) Ltd v Minister of Public Works and Another

Manong & Associates (Pty) Ltd, an engineering consultancy, brought an application in the Equality Court seeking interim and final relief against the Minister of Public Works and the Director-General of Public Works. The company challenged the Department of Public Works’ decision to abolish its existing roster system for appointing consultants and to replace it with a Professional Services Supplier Register. Manong alleged that the new register and its key principles were inconsistent with sections 9 and 217 of the Constitution and sections 7(c) and 7(e) of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000, contending that it would disadvantage previously disadvantaged (particularly black-owned) firms. The Equality Court dismissed the application for an interim interdict on the basis that no prima facie right had been established. Manong & Associates appealed to the Supreme Court of Appeal. A preliminary issue arose as to whether the company could be represented by its managing director, a non-legal practitioner.

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

The case is significant for confirming that, while the general rule remains that companies must be represented by legal practitioners in superior courts, courts have a limited residual discretion to permit non-professional representation in exceptional circumstances in the interests of justice. It also underscores the evidentiary burden on applicants seeking interim interdicts, particularly in equality and constitutional challenges to procurement policy, and affirms that perceptions of discrimination without factual substantiation are insufficient.