Buzza Props 3 (Pty) Ltd and Another v Dekker Brothers (Pty) Ltd and Others (2025/092716) [2025] ZAKZPHC 65 (4 July 2025)

Buzza Props 3 (Pty) Ltd and Another v Dekker Brothers (Pty) Ltd and Others (2025/092716) [2025] ZAKZPHC 65 (4 July 2025)

The court held that the Supreme Court of Appeal in Gensigner and Neave CC & Others v Minister of Mineral Resources and Energy and 3 others 2025 (4) SA 84 (SCA) is directly applicable. The common law principle that an appeal suspends the operation of the administrative decision applies to appeals under section 12A of the Petroleum Products Act. The Act does not exclude this principle. Therefore, the retail and site licences granted to the respondents by the Controller are suspended pending the Minister's decision on appeal. The urgency was not self-created, as the applicants acted once respondents commenced dispensing petroleum products after the appeal was lodged. The applicants are...

Citation
[2025] ZAKZPHC 65
Parties
Applicant: Buzza Props 3 (Pty) Ltd; Applicant: Ten Ten Service Station (Pty) Ltd; Respondent: Dekker Brothers (Pty) Ltd; Respondent: Big 5 Holdings (Pty) Ltd; Respondent: Minister of Mineral and Petroleum Resources; Respondent: Controller of Petroleum Products (KZN)
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
4 July 2025
Case Number
2025/092716
Procedural Posture
Urgent Application / Interim Relief Sought Via Rule Nisi Pending Appeal Determination
Outcome
Interim relief granted. Rule nisi issued restraining respondents from dispensing petroleum products pending determination of the appeal.
Judges
PC Bezuidenhout
Legal Topics
Petroleum Products Act, Licensing Suspension on Appeal, Interim Interdict, Site and Retail Licence, Urgency in Application
Administrative Law Land and Property Petroleum Products Act Licensing Suspension on Appeal Interim Interdict Site and Retail Licence Urgency in Application

Case Brief

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Parties

Buzza Props 3 (Pty) Ltd

Applicant

Ten Ten Service Station (Pty) Ltd

Applicant

Dekker Brothers (Pty) Ltd

Respondent

Big 5 Holdings (Pty) Ltd

Respondent

Minister of Mineral and Petroleum Resources

Respondent

Controller of Petroleum Products (KZN)

Respondent

Procedural Posture

Urgent Application / Interim Relief Sought Via Rule Nisi Pending Appeal Determination

Legal Issues

  1. 1 Whether the lodging of an appeal under section 12A of the Petroleum Products Act suspends the operation of a retail and site licence granted by the Controller.
  2. 2 Whether the applicants are entitled to interim relief preventing respondents from dispensing petroleum products pending the Minister's decision on appeal.
  3. 3 Whether urgency was self-created by the applicants.

Ratio Decidendi

The court held that the Supreme Court of Appeal in Gensigner and Neave CC & Others v Minister of Mineral Resources and Energy and 3 others 2025 (4) SA 84 (SCA) is directly applicable. The common law principle that an appeal suspends the operation of the administrative decision applies to appeals under section 12A of the Petroleum Products Act. The Act does not exclude this principle. Therefore, the retail and site licences granted to the respondents by the Controller are suspended pending the Minister's decision on appeal. The urgency was not self-created, as the applicants acted once respondents commenced dispensing petroleum products after the appeal was lodged. The applicants are...

Court Disposition

Interim relief granted. Rule nisi issued restraining respondents from dispensing petroleum products pending determination of the appeal.

Orders

  • A Rule nisi is granted in terms of paragraphs 1, 1.1, 1.2 and 2 of the notice of motion, with the operative date in paragraph 1 set as 8 August 2025.
  • Respondents are interdicted from dispensing or permitting the dispensing of petroleum products from Portion 8 of the Farm Lot 221, Empangeni, pending the Minister's decision on appeal.