Aptitude Trading Enterprise (Pty) Ltd v The City of Tshwane Metropolitan Municipality and Another

The City of Tshwane Metropolitan Municipality awarded a tender (HHS01 2021/2022) for mobile water tanker services. Aptitude Trading Enterprise (Pty) Ltd, an unsuccessful bidder, successfully reviewed the award in the Gauteng High Court, which declared the tender invalid but suspended the declaration of invalidity to allow continuity of essential water services and a new tender process. The suspension order was repeatedly extended by the High Court on urgent applications brought by the municipality. Ultimately, Hassim AJ further extended the suspension on 31 August 2023 until 30 November 2023 or until a new tender was awarded. By the time the appeal reached the Supreme Court of Appeal, a new tender decision had been made and new contracts concluded, causing the suspension order to lapse.

The appeal was dismissed as moot, with no order as to costs.

The case reaffirms the doctrine of mootness in South African appellate practice and clarifies the limited circumstances under which courts will entertain moot appeals. It underscores the application of section 16(2)(a)(i) of the Superior Courts Act and cautions organs of state against last-minute, repeated applications to extend suspension orders, highlighting judicial intolerance for abuse of court processes in public procurement litigation.