Minibus Taxi Industry Task Team and Others v Santaco, Western Cape and Others (22419/2017) [2018] ZAWCHC 70 (6 June 2018)

Minibus Taxi Industry Task Team and Others v Santaco, Western Cape and Others (22419/2017) [2018] ZAWCHC 70 (6 June 2018)

The Court found that the purported abandonment of the Western Cape Provincial Taxi Council Constitution at the 2008 special meeting was irregular and invalid, as the meeting lacked the authority to amend or abandon the constitution. The Provincial Constitution was properly adopted in 2006 at a conference attended by...

Source-derived case information.

Citation
[2018] ZAWCHC 70
Parties
Applicant: Minibus Taxi Industry Task Team; Applicant: Cape Organisation of Democratic Taxi Associations; Applicant: Taxi Associations Affiliated to CODETA; Applicant: Cape Amalgamated Taxi Association; Applicant: Taxi Associations Affiliated to CATA; Applicant: Park City Taxi Operators Association; Applicant: Kenfacta Taxi Association; Applicant: Route 7 Transport Services; Applicant: Mitchells Plain Century City Taxi Association; Applicant: Main Road Taxi Association; Applicant: Proteaville Taxi Association; Respondent: Santaco, Western Cape; Respondent: Vernon Billet N.O.; Respondent: Mr. Mata N.O.; Respondent: Mr. Nazeem Abdurahman N.O.; Respondent: Mr. M. Dibela N.O.; Respondent: Mr. L.W. Ngixi N.O.; Respondent: Mr. S Amsterdam N.O.; Respondent: Mr. M. Adams N.O.; Respondent: Mr. D.C. Scholtz N.O.; Respondent: Mr. W.D. Joseph N.O.; Respondent: Mr. N. Matayitayi N.O.; Respondent: The MEC for Transport and Public Works, Western Cape; Respondent: Santaco National
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
6 June 2018
Case Number
22419/2017
Procedural Posture
Civil Application / Judgment
Outcome
Application granted in part; counter-application refused; each party to pay its own costs.
Judges
N P Boqwana
Legal Topics
Internal Governance of Associations, Constitutional Validity of Provincial Constitution, Procedural Irregularity, Election Rules, Locus Standi
Commercial and Corporate Civil Procedure Internal Governance of Associations Constitutional Validity of Provincial Constitution Procedural Irregularity Election Rules Locus Standi

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Parties

Minibus Taxi Industry Task Team

Applicant

Cape Organisation of Democratic Taxi Associations

Applicant

Taxi Associations Affiliated to CODETA

Applicant

Cape Amalgamated Taxi Association

Applicant

Taxi Associations Affiliated to CATA

Applicant

Park City Taxi Operators Association

Applicant

Kenfacta Taxi Association

Applicant

Route 7 Transport Services

Applicant

Mitchells Plain Century City Taxi Association

Applicant

Main Road Taxi Association

Applicant

Proteaville Taxi Association

Applicant

Santaco, Western Cape

Respondent

Vernon Billet N.O.

Respondent

Mr. Mata N.O.

Respondent

Mr. Nazeem Abdurahman N.O.

Respondent

Mr. M. Dibela N.O.

Respondent

Mr. L.W. Ngixi N.O.

Respondent

Mr. S Amsterdam N.O.

Respondent

Mr. M. Adams N.O.

Respondent

Mr. D.C. Scholtz N.O.

Respondent

Mr. W.D. Joseph N.O.

Respondent

Mr. N. Matayitayi N.O.

Respondent

The MEC for Transport and Public Works, Western Cape

Respondent

Santaco National

Respondent

Procedural Posture

Civil Application / Judgment

Legal Issues

  1. 1 Whether the purported abandonment of the Western Cape Provincial Taxi Council Constitution in October 2008 was valid.
  2. 2 Whether the upcoming elections should be governed by the Provincial Constitution or the National Constitution.
  3. 3 Whether the amendment to regional demarcations in 2010 was valid.

Ratio Decidendi

The Court found that the purported abandonment of the Western Cape Provincial Taxi Council Constitution at the 2008 special meeting was irregular and invalid, as the meeting lacked the authority to amend or abandon the constitution. The Provincial Constitution was properly adopted in 2006 at a conference attended by the full council. Any provisions of the Provincial Constitution inconsistent with the National Constitution are overridden by the latter. The amendment to regional demarcations in 2010 was invalid due to lack of quorum. Clauses 1.2, 2.4, 2.5.4, and 3.3 of the MANCO election working document were declared invalid as they conflicted with the National Constitution. The Court...

Court Disposition

Application granted in part; counter-application refused; each party to pay its own costs.

Orders

  • It is declared that the purported abandonment of the Western Cape Provincial Taxi Council Constitution in October 2008 was irregular.
  • The impending elections of the Regional and Provincial structures in the Western Cape shall be governed by the relevant sections of the National Constitution and those provisions of the Provincial Constitution not inconsistent therewith.