Berte Van Zyl (Pty) Ltd v Mohale and Another (7766/2023) [2025] ZALMPPHC 42 (12 March 2025)

Berte Van Zyl (Pty) Ltd v Mohale and Another (7766/2023) [2025] ZALMPPHC 42 (12 March 2025)

The court found that the First Respondent's conduct in trading as a vendor on the national road reserve was in clear contravention of sections 48 and 52 of the South African National Road Agency Limited and National Roads Act, 7 of 1998. The Second Respondent's argument that its powers were limited to dealing with immovable structures was rejected; the statutory provisions apply to any structure or 'thing', including vehicles and temporary stalls. The Second Respondent's failure to take effective action beyond laying charges constituted a dereliction of its statutory duties. The court held that both a prohibitory interdict against the First Respondent and a mandatory interdict against the...

Citation
[2025] ZALMPPHC 42
Parties
Applicant: Berte Van Zyl (Pty) Ltd; Respondent: Piet Masie Mohale; Respondent: The South African National Road Agency Limited (SANRAL)
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
12 March 2025
Case Number
7766/2023
Procedural Posture
Urgent Application / First Instance Judgment
Outcome
Application granted in full; prohibitory and mandatory interdicts issued against both respondents; costs awarded against both respondents on attorney-client scale.
Judges
Diamond AJ
Legal Topics
Road Reserve Management, Statutory Interdict, Vendor Trading Regulation, Agency Statutory Duties
Land and Property Administrative Law Road Reserve Management Statutory Interdict Vendor Trading Regulation Agency Statutory Duties

Case Brief

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Parties

Berte Van Zyl (Pty) Ltd

Applicant

Piet Masie Mohale

Respondent

The South African National Road Agency Limited (SANRAL)

Respondent

Procedural Posture

Urgent Application / First Instance Judgment

Legal Issues

  1. 1 Whether the First Respondent's trading activities on the national road reserve contravene sections 48 and 52 of the South African National Road Agency Limited and National Roads Act, 7 of 1998.
  2. 2 Whether the Second Respondent has fulfilled its statutory obligations to prevent unlawful trading on the national road reserve.
  3. 3 Whether both respondents should be interdicted and ordered to comply with statutory provisions.

Ratio Decidendi

The court found that the First Respondent's conduct in trading as a vendor on the national road reserve was in clear contravention of sections 48 and 52 of the South African National Road Agency Limited and National Roads Act, 7 of 1998. The Second Respondent's argument that its powers were limited to dealing with immovable structures was rejected; the statutory provisions apply to any structure or 'thing', including vehicles and temporary stalls. The Second Respondent's failure to take effective action beyond laying charges constituted a dereliction of its statutory duties. The court held that both a prohibitory interdict against the First Respondent and a mandatory interdict against the...

Court Disposition

Application granted in full; prohibitory and mandatory interdicts issued against both respondents; costs awarded against both respondents on attorney-client scale.

Orders

  • The First Respondent is interdicted and restrained from conducting any vendor business at the main turn-off to the entrance to the head offices of the Applicant on the R36 road (opposite Freshlinq Mooketsi), or at any other place on a national road or in a building restriction area, in contravention of sections...
  • The First Respondent is interdicted and restrained from conducting any vendor business at or near the Donkerval gate situated on the Houtbosdorp provincial road (D617) and/or anywhere on the Houtbosdorp provincial road (D617).