Judge slams Pilgrim’s Rest tenders

2012-07-26 19:20

Pretoria - The North Gauteng High Court in Pretoria on Thursday issued an order restraining the Mpumalanga provincial government from evicting the occupants of Pilgrim’s Rest business premises.

Judge Stanley Makgoba criticised the tender process to obtain new tenants followed by the provincial authorities, the owners of the historic gold mining town.

"I have to say this whole process is a sham, it just cannot work. The second respondent [Mpumalanga public works MEC Dikeledi Mahlangu] is hereby restrained from evicting the applicants pending a review of the whole system," said Makgoba.

"I came to realise that the tenders awarded are marred with controversy and taken with some measure of illegality.

"There is prima facie evidence that the awarding of the tenders was not made in accordance with the system that is fair, equitable, transparent, competitive, [and] cost effective, as required in the Constitution of the Republic of South Africa."

Urgent interdict

The business owners filed an urgent application seeking an interdict by the court to prevent their eviction, after being served with notices by the public works department.
Makgoba said it was an uncontested fact that the group of business people leased the properties from the provincial authorities. Some had been using the facilities for about 40 years.

"It is in the interest of the public that the present occupants of the buildings who are operating there continue to occupy and serve the community," said Makgoba.

"The applicants have made a good case for a review of the awarding of the tenders. I hereby give judgment in favour of the applicants."

The provincial authorities were interdicted from awarding any tenders for new occupants to use the buildings.

The court ordered the respondents to furnish the applicants with the documents relating to the contentious tenders process, and adjudication would begin.

  • justin.massyn - 2012-07-26 19:31

    Makes me think of the old satchel i have in the bottom of my cupboard, fraying and falling apart at the seams, sounds much like our beloved (sic) goverment on their downward quest. Not really the "midas" touch they have there. Move along comrades, you can no longer hide your shameful dealings from your liberated followers, they are onto you. Oh, and good luck trying to keep them pacified for much longer.

      chaplinncharlie - 2012-07-26 20:49

      Hats off to the Judge for not sitting on this... Some-one was trying to help their brothers in struggle again and they lost. They should fire/suspend this MEC and run a full investigation... Make him sweat a little... SCUM...

      timothy.whyte - 2012-07-26 20:50

      Judge Stanley Makgoba for President VIVA JUDGE

      Squeegee - 2012-07-26 21:21

      Sanity prevailed. What a pleasure to see there are still those who have authority who are not in someone's pocket.

      mihaip007 - 2012-07-27 02:34

      WOW - for the very first time on News24 I see all comments without any fingers down! For once - are we united? And Well done to the judge! And well done to the community! Keep strong against the tsunami (used to be a small wave) of government tender corruption that keeps slamming against the hard-working people of this country...

  • sharon.erwin.96 - 2012-07-26 19:44

    Yayayayay - One for the record books!!!!! Mr Judge, you are by far my favourite person of the day - stand strong, even if it is against the forces that be. The people of this country salute you!!!

      Thabo Kgoebane - 2012-07-26 19:56

      Atleast we still have judges who don't fear this government. Making rulings without fear or favour. Thank you ur Honour. Pilgrims Rest will atleast remain the same in good hands. Horray!!!

  • irene.buthelezi.1 - 2012-07-26 19:46

    he he he he he Uitgevang!

      chaplinncharlie - 2012-07-26 20:50

      irene. uitgevang met die broek op die kniee...

  • warren.carne.9 - 2012-07-26 19:55

    Justice,about time these corrupt tenders are dealt with,first stop the tender,then prosecute those involved

  • tobydt - 2012-07-26 20:00

    Good stuff! One small victory for South Africans against this corrupt and incompetent government.

  • Busani - 2012-07-26 20:07

    HAHAHAHAHA another useless goverment failure...settled in a court of law. FIRE THE GOVERMENT and let the Justice System run the country. smh*

      Bless Boswell - 2012-07-26 21:56

      What an EXCELLENT idea!!!

  • jimzimbo - 2012-07-26 20:15

    South Africa is starved of men of this calibre and integrity...this is so very refreshing......well done Judge Stanley!!

  • Vince.York - 2012-07-26 20:20

    Does a single judge ever actually state that the barrage of repeated constant damaging effect of anti-white sentiment is one of the worst culprits for SA to be lagging behind the rest of the continent now? So obvious that none cans see or say anything? Not even the ConCourt!

  • mullervince - 2012-07-26 20:20

    This whole country is ran by a sham

  • themba.thwala.98 - 2012-07-26 20:21

    Wooop!woooooop! Even Moegoe-Moegoe will not be able to help this corrupt ANC government as it loses cases left, right and centre. Organs of the civil society must keep piling the pressure and ensure that they don't deploy their incompetent cadres in the judiciary, or SA is stuffed as the Courts are our only hope ...

  • nicholas.graan - 2012-07-26 20:25

    ....wait for the appeal in an attempt to save face ..

  • alan.ingram.355 - 2012-07-26 20:29

    Amen i agree "the people of SA salute you Judge Stanley Makgoba for standing brave and supporting the people of Pilgrims Rest of all races!

  • TheBlackRaptor - 2012-07-26 20:41

    Oh man! There goes somebody's party money.

  • Erna - 2012-07-26 20:44

    And once again the arrogant anc officials have to be taken to court to be made to do the right thing. Can't make up my mind if it is mismanagement and stupidity or pure arrogance which makes them make so many stuff ups.

      justin.massyn - 2012-07-26 21:37

      I am going with pure arrogance.

  • denise.moolmanburnett - 2012-07-26 21:18

    Hats off to Judge Makgoba a fine man of good calibre not intimidated by the comrades he lets law and order prevail. A blind person could see what was happening in Pilgrims Rest tenders, nobody is as blind as those who do NOT want to see

  • prakash.singh.169 - 2012-07-26 21:20

    Judge Stanley Makgoba, I salute you sir, for your judgement without favour or fear. I watched the programme on Carte Blanche. Here is a very strong message to the ANC, Zumatendership, Gupta family, Roy Moodley and Vivian Reddy.

  • Billy - 2012-07-26 21:50

    good on you Judge Stanley Makgoba

  • joe.duanne - 2012-07-27 02:14

    Give that man (Judge Stanley Makgoba) a Bell's!!

  • cj.venter - 2012-07-27 08:30

    SCORE for the people. thank you judge, seems you have you head screwed on straight for a change.

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