Trencon Construction (Pty) Limited v Industrial Development Corporation of South Africa Limited (CCT198/14) [2015] ZACC 22 (26 June 2015) per Khampepe J (unanimous)

Section 8(1)(c)(ii)(aa) of the Promotion of Administrative Justice Act 3 of 2000 — test for exceptional circumstances – Court in as good a place as the administrator — decision of the administrator is a foregone conclusion — considerations of fairness weigh in favour of substitution order — exceptional circumstances warrant substitution order – Standard of appellate court interference — discretion in the true sense.

Coram:Mogoeng CJ, Moseneke DCJ, Cameron J, Froneman J, Jappie AJ, Khampepe J, Madlanga J, Molemela AJ, Nkabinde J and Theron AJ

On appeal from the Supreme Court of Appeal (hearing an appeal from the North Gauteng High Court, Pretoria):

  1. Leave to appeal is granted.

  2. The appeal is upheld.

  3. The order of the Supreme Court of Appeal is set aside.

  4. The order of the North Gauteng High Court, Pretoria is reinstated save for the deletion of paragraphs 1.2 and 1.3.

  5. The respondent is ordered to pay the applicant’s costs, including the costs of two counsel, in the Supreme Court of Appeal and in this Court.