Airoadexpress (Pty) Ltd. v Chairman and Others (6/86) [1986] ZASCA 6; 1986 (2) SA 663 (A); (27 February 1986)

Airoadexpress (Pty) Ltd. v Chairman and Others (6/86) [1986] ZASCA 6; 1986 (2) SA 663 (A); (27 February 1986)

The majority held that the Supreme Court possesses inherent jurisdiction to grant interim mandatory relief to prevent injustice and hardship where a strong prima facie case is established that an administrative decision was vitiated by irregularity, even pending an appeal to a statutory body such as the National Transport Commission. The appellant demonstrated that the Local Road Transportation Board refused its application for permits based on a misinterpretation of the statute and failed to exercise its discretion properly. The appellant established irreparable harm, the balance of convenience favoured interim relief, and no alternative remedy was available. The Court found that the...

Citation
[1986] ZASCA 6
Parties
Appellant: Airoadexpress (Proprietary) Limited; Respondent: Chairman of the Local Road Transportation Board, Durban; Respondent: South African Transport Services; Respondent: Market Service Station Transport (Private) Limited
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
27 February 1986
Case Number
6/86
Procedural Posture
Civil Appeal / Appeal From the Natal Provincial Division; Urgent Application for Interim Relief Pending Appeal to the National Transport Commission
Outcome
Appeal allowed. The rule nisi is confirmed with costs, including costs of two counsel.
Judges
Kotzé, Miller, Joubert, Van Heerden, Grosskopf
Legal Topics
Interim Interdict, Review of Administrative Action, Road Transportation Permits, Mandatory Orders, Balance of Convenience
Administrative Law Civil Procedure Interim Interdict Review of Administrative Action Road Transportation Permits Mandatory Orders Balance of Convenience

Case Brief

Summary, issues, holding and outcome

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Parties

Airoadexpress (Proprietary) Limited

Appellant

Chairman of the Local Road Transportation Board, Durban

Respondent

South African Transport Services

Respondent

Market Service Station Transport (Private) Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From the Natal Provincial Division; Urgent Application for Interim Relief Pending Appeal to the National Transport Commission

Legal Issues

  1. 1 Whether the Supreme Court has inherent jurisdiction to grant interim mandatory relief pending an appeal to the National Transport Commission where a local board's decision is allegedly vitiated by irregularity.
  2. 2 Whether the refusal by the Local Road Transportation Board to grant public road carrier permits was based on a wrong principle or irregularity.
  3. 3 Whether the applicant established the requisites for an interim interdict: irreparable harm, balance of convenience, and absence of alternative remedy.

Ratio Decidendi

The majority held that the Supreme Court possesses inherent jurisdiction to grant interim mandatory relief to prevent injustice and hardship where a strong prima facie case is established that an administrative decision was vitiated by irregularity, even pending an appeal to a statutory body such as the National Transport Commission. The appellant demonstrated that the Local Road Transportation Board refused its application for permits based on a misinterpretation of the statute and failed to exercise its discretion properly. The appellant established irreparable harm, the balance of convenience favoured interim relief, and no alternative remedy was available. The Court found that the...

Court Disposition

Appeal allowed. The rule nisi is confirmed with costs, including costs of two counsel.

Orders

  • The appeal is allowed with costs, including the costs of two counsel.
  • Paragraph (i) of the order of the court a quo is substituted with: 'The rule nisi is confirmed with costs.'