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South Africa Judgment

North Gauteng High Court, Pretoria

Mogabudima Transport Services CC and Others v Gauteng Provincial Regulatory Entity and Others (23846/2014) [2016] ZAGPPHC 62 (28 January 2016)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The court found that the applicants failed to appear and did not comply with procedural requirements necessary for the relief sought. The notice of set down was properly served, yet the applicants did not present arguments or evidence to support their application. The respondents' opposition was upheld, and the application was dismissed. The court further ordered the applicants to pay the costs of the first, second, third, fourth, fifth, and eleventh respondents on an attorney and client scale, reflecting the lack of merit and the unnecessary litigation caused by the application.

Court disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.
  • Applicants are ordered to pay the costs of the first, second, third, fourth, fifth, and eleventh respondents on attorney and client scale.

02

Material facts

Parties

Mogabudima Transport Services CC SE Mogowe

Applicant

J Mogowe

Applicant

ME Nchabeleng

Applicant

JM Sepheu

Applicant

MP Nchabeleng

Applicant

GJ Mthobeni

Applicant

MF Ntsoane

Applicant

SD Ranala

Applicant

OL Motau

Applicant

RS Sello

Applicant

ME Lepelle

Applicant

KT Choma

Applicant

MJ Kgatuke

Applicant

MB Phasha

Applicant

Gauteng Provincial Regulatory Entity

Respondent Counsel: Mr Gwarhu

Limpopo Provincial Regulatory Entity

Respondent Counsel: Mr Gwarhu

Registrar of Transport, Gauteng Province

Respondent Counsel: Mr Gwarhu

Limpopo Province

Respondent Counsel: Mr Gwarhu

Boseka Boeja Taxi Association

Respondent Counsel: Ramushu Morare Inc.

Masemola Taxi Association

Respondent

MV Sepheu

Respondent

Sefoka Makuwe Adam

Respondent

Nchabeleng Ditedi Maxwell

Respondent

Tladi Frans

Respondent

MA Mokgwadi

Respondent Counsel: Ramushu Morare Inc.

03

Procedural history

  1. Posture

    Urgent Application / Application for Rescission or Declaration of Void Verdict

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicants sought an order to rescind or declare void the verdict issued by the third and fourth respondents, arguing that the decision was invalid and unenforceable. They further requested reinstatement as members of the fifth respondent and renewal of their permits, claiming entitlement based on their previous membership.
Respondent
The respondents opposed the application, arguing that the applicants failed to comply with procedural requirements and that the verdict issued was valid and enforceable. They contended that the applicants were not entitled to reinstatement or renewal of permits and sought dismissal of the application with costs.

05

Court’s reasoning

  1. 01

    Promotion of Administrative Justice Act, 3 of 2000

    A party seeking rescission of an administrative decision must demonstrate procedural irregularity or substantive grounds for invalidity.

  2. 02

    Standard costs principles in South African civil procedure

    Costs may be awarded on an attorney and client scale where the application is found to be without merit and causes unnecessary litigation.

06

Ratio, limits and disposition

Ratio decidendi

The court found that the applicants failed to appear and did not comply with procedural requirements necessary for the relief sought. The notice of set down was properly served, yet the applicants did not present arguments or evidence to support their application. The respondents' opposition was upheld, and the application was dismissed. The court further ordered the applicants to pay the costs of the first, second, third, fourth, fifth, and eleventh respondents on an attorney and client scale, reflecting the lack of merit and the unnecessary litigation caused by the application.

Obiter and limits

  • The absence of the applicants and their failure to prosecute the application undermined their case and justified dismissal.
  • Proper service of notice of set down is essential to ensure procedural fairness, but parties must act diligently to pursue their claims.

Court disposition

Application dismissed with costs.

  • The application is dismissed with costs.
  • Applicants are ordered to pay the costs of the first, second, third, fourth, fifth, and eleventh respondents on attorney and client scale.

Source and reliance status

North Gauteng High Court, Pretoria

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Judgment text

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Source document

North Gauteng High Court, Pretoria

Judgment

[2016] ZAGPPHC 62

REPUBLIC

OF SOUTH AFRICA

(GAUTENG DIVISION, PRETORIA)

28/01/2016

CASE NO: 23846/2014

NOT REPORTABLE

NOT OF INTEREST TO OTHER JUDGES

In the matter between:

MOGABUDIMA TRANSPORT SERVICES CC SE MOGOWE 1st Applicant

J MOGOWE 2nd Applicant

ME NCHABELENG 3rd Applicant

JM SEPHEU 4th Applicant

MP NCHABELENG 5th Applicant

GJ MTHOBENI 6th Applicant

MF NTSOANE 7th Applicant

SD RANALA 8th Applicant

OL MOTAU 9th Applicant

RS SELLO 10th Applicant

ME LEPELLE 11th Applicant

KT CHOMA 12th Applicant

MJ KGATUKE 13th Applicant

MB PHASHA 14th Applicant

And

THE GAUTENG PROVINCIAL REGULATORY ENTITY 1st Respondent

THE LIMPOPO PROVINCIAL REGULATORY ENTITY 2nd Respondent

THE REGISTRAR OF TRANSPORT,

GAUTENG PROVINCE 3rd Respondent

LIMPOPO PROVINCE 4th Respondent

BOSEKA BOEJA TAXI ASSOCIATION 5th Respondent

MASEMOLA TAXI ASSOCIATION 6th Respondent

MV SEPHEU 7th

Respondent

SEFOKA MAKUWE ADAM 8th Respondent

NCHABELENG DITEDI MAXWELL 9th Respondent

TLADI FRANS 10th Respondent

MA MOKGWADI 11th Respondent

JUDGMENT

MALI AJ

[1] This is an application for an order to rescind, alternatively to declare void and unenforceable the verdict issued by the third and fourth respondents on 18 July 2012. The application further seeks the following:

1.1. an order directing the third respondent to reinstate the First applicants as members of the fifth respondent; and

1.2. an order directing the third respondent to reinstate the applicants as members of the fifth respondent and to renew their permits which they were entitled to as members of the fifth respondent.

[2] There was no appearance on behalf of all the applicants. I am satisfied that the notice of set down was served upon the applicants on 12 October 2015.

[3] Counsel, Mr Gwarha appeared on behalf of the 1st, 2nd, 3rd and 4th respondents. Counsel, Mr Morare appeared on behalf of 5th and 11th respondent.

[4] There was no appearance on behalf of 6th, 7th, 8th, 9th and the 10th respondent.

[5] Having heard Counsel the application is dismissed with costs.

5.1 Applicants are ordered to pay costs of 1st, 2nd, 3rd, 4th 5th and 11th respondents on attorney and client scale.

______

MALI AJ ACTING JUDGE OF THE HIGH

COURT

Counsel for the Applicants: Instructed by:

No appearance No appearance

Counsel for 1st, 2nd, 3rd and 4th Respondents: MR

GWARHU

Counsel for 5 and 11 th Respondents: RAMUSHU

MORARE INC.

Date of Hearing: 14 October 2015

Date of Judgment: 29 January 2016

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Promotion of Administrative Justice Act, 3 of 2000

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