The Gauteng Department of Health (GDoH) takes note of the judgement by the Johannesburg High Court today (30 November) regarding the medical waste tender matter involving Buhle Waste. The department has instructed its attorneys to appeal the ruling.
While the GDoH is in the process of appealing the matter, it is important to provide clarity and context regarding the reasons behind the department’s decision to appeal.
The case before court involved an application for an interdict on an urgent basis, with Buhle Waste presenting their case in two parts: Part A and Part B. Part A was argued in court on urgent basis on the 21st of November 2023, while Part B, which is the review application, was not yet argued as the court was still hearing the urgent application.
The department is of the view that the court made an error by ordering a review and setting aside of the tender, as the issue of reviewing and setting aside the tender was not within the scope of the court proceedings at that time. This matter was specifically to be addressed in Part B of the application, which had not been heard yet. Therefore, the court should not have ordered a review or the setting aside of the tender and contract without hearing Part B.
Based on these grounds, the department’s considered position is that the Judge’s decision exceeded the appropriate scope of the judgement. As a result, the department has since filed a Notice for leave to Appeal the Judgement, which then renders this matter Sub Judicare (not yet concluded by the Court).
For more information please contact:
Motalatale Modiba
Head of Communication
Cell: 064 803 0808
E-mail: healthmediaenquiries@gauteng.gov.za
Tshepo Shawa
Spokesperson for the MEC for Health
Cell: 072 222 6333
E-mail: Tshepo.Shawa@gauteng.gov.za
