I have considered the applicant's application dated 22 April 2024 filed under a certificate of urgency of even date. This matter is set for judgement on 17 May 2024. Section 175 of the Public Procurement and Asset Disposal Act provides as follows:
175 (5) If either the High Court or the Court of Appeal fails to make a decision within the prescribed timeline under subsection (3) or (4), the decision of the Review Board shall be final and binding to all parties.
So, the decision of the Review Board will only be binding if this Honourable Court failed to render its judgement within the prescribed timeline or if the application challenging the decision of the review Board is dismissed and there is no appeal, to the Court of Appeal, against the dismissal. That being the case, an order to stay the decision of the review Board or for status quo to be maintained pending the delivery of judgement would be a superfluous order. For this reason, the instant application serves no useful purpose. It is hereby struck out but I make no orders as to costs. It is so ordered.