Khokho v Makgetla and Others (3049/2012) [2012] ZAFSHC 139 (8 August 2012)

Khokho v Makgetla and Others (3049/2012) [2012] ZAFSHC 139 (8 August 2012)

The court found that the Applicant's SMS constituted an offer to cancel the agreement for the operating permit, but the offer was expressly conditional upon the refund of the R30,000 purchase price. The First Respondent did not offer or pay the refund, nor did she accept the cancellation on those terms. Therefore, the purported acceptance was invalid and ineffective, and the original sale agreement remained in force. The First Respondent acted unlawfully in selling the permit to the Second Respondent, as she no longer had the right to do so. The court declined to grant impractical or overly prescriptive orders but granted relief to ensure the transfer of the permit to the Applicant in...

Citation
[2012] ZAFSHC 139
Parties
Applicant: Khokho M.D.T.; Respondent: Makgetla D.E.; Respondent: Jonas S.; Respondent: Manager-Licencing Board - Road and Transport; Respondent: Chairman-Greater Bloemfontein Taxi Association
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
8 August 2012
Case Number
3049/2012
Procedural Posture
Urgent Application / Application for Interdict and Declaratory Relief
Outcome
Application granted in part; order for transfer of permit to Applicant and costs against First Respondent.
Judges
K.J. Moloi
Legal Topics
Operating Licence Transfer, Interdict, Contract Cancellation, Section 58 National Land Transport Act
Land and Property Civil Procedure Operating Licence Transfer Interdict Contract Cancellation Section 58 National Land Transport Act

Case Brief

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Parties

Khokho M.D.T.

Applicant

Makgetla D.E.

Respondent

Jonas S.

Respondent

Manager-Licencing Board - Road and Transport

Respondent

Chairman-Greater Bloemfontein Taxi Association

Respondent

Procedural Posture

Urgent Application / Application for Interdict and Declaratory Relief

Legal Issues

  1. 1 Whether the First Respondent lawfully cancelled the sale agreement for the operating permit.
  2. 2 Whether the First Respondent was entitled to sell the operating permit to the Second Respondent.
  3. 3 Whether the Applicant is entitled to the transfer of the operating permit and related relief.

Ratio Decidendi

The court found that the Applicant's SMS constituted an offer to cancel the agreement for the operating permit, but the offer was expressly conditional upon the refund of the R30,000 purchase price. The First Respondent did not offer or pay the refund, nor did she accept the cancellation on those terms. Therefore, the purported acceptance was invalid and ineffective, and the original sale agreement remained in force. The First Respondent acted unlawfully in selling the permit to the Second Respondent, as she no longer had the right to do so. The court declined to grant impractical or overly prescriptive orders but granted relief to ensure the transfer of the permit to the Applicant in...

Court Disposition

Application granted in part; order for transfer of permit to Applicant and costs against First Respondent.

Orders

  • The First Respondent is ordered to take the necessary steps to effect the transfer of the authority under permit LFSLB 12248/3 to the Applicant to be processed by the Third Respondent in terms of section 58 of the National Land Transport Act No 5 of 2009 within ten days from date of this order.
  • The First Respondent is ordered to pay the costs of this application.