ARTICLE · 18 JUNE 2025

To Entertain Or To Not Entertain A Moot Point.

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In Aptitude Trading Enterprise (Pty) Ltd v The City of Tshwane Metropolitan Municipality and Another, the South African Supreme Court of Appeal...

South AfricaLitigation, Mediation & Arbitration

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In Aptitude Trading Enterprise (Pty) Ltd v The City of Tshwane Metropolitan Municipality and Another, the South African Supreme Court of Appeal ("SCA") reaffirmed the principle that courts will not entertain moot disputes unless there are exceptional circumstances present warranting the court's attention.

Background

A tender process was initiated by the City of Tshwane Metropolitan Municipality ("the Municipality") for the supply of 10,000-litre mobile water tankers to service informal settlements. Aptitude Trading Enterprise (Pty) Ltd ("Aptitude") was an unsuccessful bidder. Aptitude challenged the validity of the tender award, seeking to have it reviewed, declared invalid, and set aside, including all agreements concluded under the tender.

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