Nomna v Williams and Others (A91/2020) [2020] ZAFSHC 183 (26 October 2020)

Nomna v Williams and Others (A91/2020) [2020] ZAFSHC 183 (26 October 2020)

Section 77 of the National Land Transport Act prohibits the sale or alienation of the authority conferred by an operating licence except as provided for in section 58. Any agreement purporting to sell a taxi operating licence is invalid and has no legal force. The applicant failed to prove the existence of a sale agreement between the first and second respondents regarding the disputed licence. Furthermore, the administrative transfer of the licence by the Board was already performed, and the applicant did not seek to review or set aside that decision. The appeal was dismissed as the applicant did not make out a case for the relief sought.

Citation
[2020] ZAFSHC 183
Parties
Appellant: Vuyolwethu Nomna; Respondent: Jonny Simon Williams; Respondent: MJ Mfazwe; Respondent: The Chairperson of the FS Operating Licencing Board; Respondent: Greater Bloemfontein Taxi Association
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
26 October 2020
Case Number
A91/2020
Procedural Posture
Civil Appeal / Appeal From Dismissal of Application in the Court a Quo
Outcome
Appeal dismissed.
Judges
Musi, JP, Mbhele, J, Loubser, J
Legal Topics
National Land Transport Act, Operating Licence Transfer, Invalidity of Sale Agreements, Administrative Action, Licence Alienation
Administrative Law Land and Property National Land Transport Act Operating Licence Transfer Invalidity of Sale Agreements Administrative Action Licence Alienation

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Parties

Vuyolwethu Nomna

Appellant

Jonny Simon Williams

Respondent

MJ Mfazwe

Respondent

The Chairperson of the FS Operating Licencing Board

Respondent

Greater Bloemfontein Taxi Association

Respondent

Procedural Posture

Civil Appeal / Appeal From Dismissal of Application in the Court a Quo

Legal Issues

  1. 1 May a taxi operating licence or the authority granted under such licence be sold.
  2. 2 Is an agreement purporting to sell a taxi operating licence valid under section 77 of the National Land Transport Act.
  3. 3 Did the applicant prove the existence of a sale agreement between the first and second respondents regarding the disputed licence.

Ratio Decidendi

Section 77 of the National Land Transport Act prohibits the sale or alienation of the authority conferred by an operating licence except as provided for in section 58. Any agreement purporting to sell a taxi operating licence is invalid and has no legal force. The applicant failed to prove the existence of a sale agreement between the first and second respondents regarding the disputed licence. Furthermore, the administrative transfer of the licence by the Board was already performed, and the applicant did not seek to review or set aside that decision. The appeal was dismissed as the applicant did not make out a case for the relief sought.

Court Disposition

Appeal dismissed.

Orders

  • The appeal is dismissed.