Timeline of Ikamva litigation against the Eastern Cape government over Frere Hospital contract

2003 — The departments of health and public works appoints Ikamva Architects to project the R1.3bn proposed renovation of Frere Hospital;2005 — Ikamva’s contract allegedly is repudiated as health appoints Coega Development Corporation as project manager;August 15 2008 — The firm issues a summons out of the Bhisho high court for payment of R44m, profit it calculates it would have earned on the multiyear contract;February 17 2009 — Ikamva calls on the departments to “discover” — provide — documents and information it requires to prepare its case;July 9 2009 — Acting judge Leon Kemp gives the departments 10 days to respond to the discovery notice, failing which Ikamva can apply for judgment against the departments;November 10 2011 — Acting judge Buyiswa Majiki issues an order compelling the departments to make discovery within 10 days, failing which their defence would be struck out;April 20 2012 — Judge Duncan Dukada orders that despite the departments’ non-compliance with the previous order, Ikamva still has to apply for the striking out and then the default judgment;August 22 2014 — In a full bench appeal, judge Clive Plasket confirms Majiki’s ruling, finding the departments’ failure to discover means their defence is already struck out and Ikamva can finalise the judgment debt;November 17 2014 — The Supreme Court of Appeal dismisses the departments’ application for special leave to appeal against the Plasket judgment;June 19 2015 — After the departments withdraw an application for the court to condone the failure reflected in Majiki’s 2011 order, judge Murray Lowe delivers a punitive costs order against them;December 1 2015 — Acting judge Thembekile Malusi hands down default judgment for the departments of health and public works to pay Ikamva Architects R41.03m;May 19 2016 — Judge Belinda Hartle issues an order by agreement between the parties, postponing execution of the Malusi judgment and waiving the cap on interest on judgment debt;August 2 2016 — Malusi declines an application for leave to appeal his judgment on the debt;September 19 2017 — Hartle dismisses the departments’ application for the rescission of the Malusi judgment, finding the circumstances they were in were of their own making, a result of recklessness and contempt of court, that their invidious situation was not because they had a bona fide defence but due to having to fork out a huge amount of public money after missing the opportunity to challenge Ikamva’s claim;January 15 2019 — In a full bench hearing, judge Glenn Goosen dismisses an appeal against Hartle’s order;May 20 2019 — The SCA dismisses an application for special leave to appeal the Goosen judgment. [Based on perusal of judgments in the full application at pp 239 and following];July 20 2019 — The Constitutional Court dismisses the application for leave to appeal;September 17 2021 — Judge Sunil Rugunanan hands down an order by agreement between the parties referring the original contract between Ikamva and the departments for review by the high court. The order also suspends execution of the judgment debt pending the finalisation of the “self-review”;February 16 2021 — Judge Thami Beshe dismisses the “self-review” application;March 2021 — Departments of health and public works launch urgent application to set aside sheriff’s writ of execution over health’s Standard Bank account to recover;April 8 2021 — When the court convened to hear the urgent application in respect of the writ of execution against the bank account, judge Bantubonke Tokota advised he had discussed the matter with judge-president Selby Mbenenge, who had in mind to appoint a full bench of judges to consider the application;April 14 2021 — Mbenenge convenes a meeting of the parties’ legal representatives and confirms his decision to appoint three judges to hear the application;April 28 2021 — Full bench of Bhisho high court comprising deputy judge-president in Gqeberha Dawid van Zyl, Bhisho judge Tokota, and acting judge Avinash Govindjee issues first case management directives for the hearing;April 30 2021 — Beshe dismisses an application for leave to appeal her judgment;May 14 2021 — Full bench hearing postponed;May 18 2021 — Full bench issues second case management directive; andAugust 5 2021 — MEC for finance applies to intervene in proceedings and is joined as third applicant, to argue constitutional issue relating to attachment of health bank account. Matter postponed to a future date to allow Ikamva to respond in full...

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