Mhlongo v Controller of Petroleum Products and Another (080409-2023) [2023] ZAGPPHC 763 (1 September 2023)

Mhlongo v Controller of Petroleum Products and Another (080409-2023) [2023] ZAGPPHC 763 (1 September 2023)

The applicant failed to establish a prima facie right to the relief sought, as there is no statutory provision for suspension of licences pending appeal under the Petroleum Products Act. The grounds of objection and appeal were vague and unsupported by evidence. The alleged harm was speculative and not substantiated by facts showing irreparable harm. The balance of convenience overwhelmingly favoured the second respondent and the broader community, given the investment made, employment created, and public benefits. The applicant had alternative remedies available, including improving his own business. The application was found to be an attempt to maintain a monopoly and self-interest,...

Citation
[2023] ZAGPPHC 763
Parties
Applicant: Forster Patrick Mhlongo; Respondent: Controller of Petroleum Products; Respondent: Trustees for the time being of Peter Neves Trust being Elizabeth Irene Neves and Priscilla Francina Ramsbottom and Christopher Gilbert Neves NNO
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
1 September 2023
Case Number
080409-2023
Procedural Posture
Urgent Application / Application for Interim Interdict Pending Appeal
Outcome
Application dismissed with costs.
Judges
N Davis
Legal Topics
Petroleum Products Act, Interim Interdict, Licensing of Filling Stations, Balance of Convenience, Prima Facie Right
Administrative Law Civil Procedure Petroleum Products Act Interim Interdict Licensing of Filling Stations Balance of Convenience Prima Facie Right

Case Brief

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Parties

Forster Patrick Mhlongo

Applicant

Controller of Petroleum Products

Respondent

Trustees for the time being of Peter Neves Trust being Elizabeth Irene Neves and Priscilla Francina Ramsbottom and Christopher Gilbert Neves NNO

Respondent

Procedural Posture

Urgent Application / Application for Interim Interdict Pending Appeal

Legal Issues

  1. 1 Whether the applicant has established a prima facie right to an interim interdict pending appeal against the granting of site and retail licences to the second respondent.
  2. 2 Whether there is a well-grounded apprehension of irreparable harm to the applicant if the interim relief is not granted.
  3. 3 Whether the balance of convenience favours the granting of an interim interdict.

Ratio Decidendi

The applicant failed to establish a prima facie right to the relief sought, as there is no statutory provision for suspension of licences pending appeal under the Petroleum Products Act. The grounds of objection and appeal were vague and unsupported by evidence. The alleged harm was speculative and not substantiated by facts showing irreparable harm. The balance of convenience overwhelmingly favoured the second respondent and the broader community, given the investment made, employment created, and public benefits. The applicant had alternative remedies available, including improving his own business. The application was found to be an attempt to maintain a monopoly and self-interest,...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed.
  • The applicant is ordered to pay the costs.