Mohapi and Others v Registrar Free State Transport and Others (2283/2022) [2022] ZAFSHC 341 (2 December 2022)

Mohapi and Others v Registrar Free State Transport and Others (2283/2022) [2022] ZAFSHC 341 (2 December 2022)

The applicants became aware of the administrative action sought to be reviewed before 22 April 2019, alternatively on 31 July 2019, when they were informed by the first respondent that they were placed on a waiting list and could not be issued permits. The application for review was only instituted on 18 May 2022, well beyond the 180-day period prescribed by section 7 of PAJA. No condonation application was brought to extend the period. In terms of PAJA and relevant case law, the delay is unreasonable per se and fatal to the application. The court has no authority to entertain the review application absent condonation. The application is accordingly dismissed.

Citation
[2022] ZAFSHC 341
Parties
Applicant: Tsheliso Mohapi; Applicant: Lefu Mokaaleli; Applicant: Susan Morule; Applicant: Lebohang Matee; Applicant: Johannes Mathoma; Applicant: Katu Sephoko; Applicant: Thamsanqa Kalao; Applicant: Isaac Mahasoa; Applicant: Nomsa Malo; Applicant: Molefe Motlalane; Applicant: Bangiso Dywili; Applicant: Annah Hlalele; Applicant: Lindiwe Meile; Applicant: Isaac Khatlake; Applicant: Matlere Morake; Applicant: Samuel Litshasane; Applicant: Khwesiwe Sefojane; Applicant: Mahadi Matsosa; Applicant: Julia Mkhondwana; Applicant: Lebohang Ntsane; Applicant: Betty Moeti; Applicant: Ramokhothu Litabe; Applicant: Ntswaki Khumalo; Applicant: Mbuyiselo Thengeni; Applicant: Dina Sephoko; Applicant: Jimmy Matlali; Applicant: Seutloadi Peter Matsaba; Applicant: Masheane Edwin Makoele; Respondent: Registrar Free State Transport; Respondent: Botshabelo Scholar Transport Association; Respondent: MEC for Public Safety and Security
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
2 December 2022
Case Number
2283/2022
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs.
Judges
Molitsoane, Pohl
Legal Topics
Promotion of Administrative Justice Act, Judicial Review Delay, Condonation, Provincial Transport Registration
Administrative Law Civil Procedure Promotion of Administrative Justice Act Judicial Review Delay Condonation Provincial Transport Registration

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Parties

Tsheliso Mohapi

Applicant

Lefu Mokaaleli

Applicant

Susan Morule

Applicant

Lebohang Matee

Applicant

Johannes Mathoma

Applicant

Katu Sephoko

Applicant

Thamsanqa Kalao

Applicant

Isaac Mahasoa

Applicant

Nomsa Malo

Applicant

Molefe Motlalane

Applicant

Bangiso Dywili

Applicant

Annah Hlalele

Applicant

Lindiwe Meile

Applicant

Isaac Khatlake

Applicant

Matlere Morake

Applicant

Samuel Litshasane

Applicant

Khwesiwe Sefojane

Applicant

Mahadi Matsosa

Applicant

Julia Mkhondwana

Applicant

Lebohang Ntsane

Applicant

Betty Moeti

Applicant

Ramokhothu Litabe

Applicant

Ntswaki Khumalo

Applicant

Mbuyiselo Thengeni

Applicant

Dina Sephoko

Applicant

Jimmy Matlali

Applicant

Seutloadi Peter Matsaba

Applicant

Masheane Edwin Makoele

Applicant

Registrar Free State Transport

Respondent

Botshabelo Scholar Transport Association

Respondent

MEC for Public Safety and Security

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the applicants instituted review proceedings within the time period prescribed by section 7 of PAJA.
  2. 2 Whether the delay in bringing the application was unreasonable and fatal to the applicants' case.
  3. 3 Whether condonation for late filing was sought or granted.

Ratio Decidendi

The applicants became aware of the administrative action sought to be reviewed before 22 April 2019, alternatively on 31 July 2019, when they were informed by the first respondent that they were placed on a waiting list and could not be issued permits. The application for review was only instituted on 18 May 2022, well beyond the 180-day period prescribed by section 7 of PAJA. No condonation application was brought to extend the period. In terms of PAJA and relevant case law, the delay is unreasonable per se and fatal to the application. The court has no authority to entertain the review application absent condonation. The application is accordingly dismissed.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed.
  • The applicants are liable for payment of the costs of the first and third respondents, jointly and severally, the one to pay and the others to be absolved.