Public Carriers Association and Others v Toll Road Concessionaries (Pty) Ltd. and Others (323/89) [1989] ZASCA 164 (30 November 1989)

Public Carriers Association and Others v Toll Road Concessionaries (Pty) Ltd. and Others (323/89) [1989] ZASCA 164 (30 November 1989)

The court held that the Minister's determination of toll amounts, expressed as maximum figures for each vehicle class, was effective and satisfied the requirements of section 9(4) of the National Roads Act. The statutory language 'determine' means to fix or decide the amount, and specifying a maximum does not undermine this. The commission is empowered to collect less than the maximum, and the legislative intent is to protect the public from excessive tolls, not to prevent lower charges. The technical objection raised by the appellants was found to be unsound, as any defect would only benefit road users and could be remedied by a fresh determination without altering the amounts. The...

Citation
[1989] ZASCA 164
Parties
Appellant: Public Carriers Association; Appellant: Hultrans (Proprietary) Limited; Appellant: Cargo Carriers Limited; Appellant: Tanker Services (Proprietary) Limited; Appellant: Mainline Carriers (Proprietary) Limited; Respondent: Toll Road Concessionaries (Proprietary) Limited; Respondent: Government of the Republic of South Africa; Respondent: National Transport Commission; Respondent: Minister of Transport
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
30 November 1989
Case Number
323/89
Procedural Posture
Civil Appeal / Appeal Hearing and Judgment
Outcome
Appeal dismissed with costs, including costs of two counsel for each respondent.
Judges
Joubert, Smalberger, Steyn, F H Grosskopf, Nicholas
Legal Topics
Statutory Interpretation, Ministerial Discretion, Toll Road Regulation, National Roads Act
Administrative Law Land and Property Statutory Interpretation Ministerial Discretion Toll Road Regulation National Roads Act

Case Brief

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Parties

Public Carriers Association

Appellant

Hultrans (Proprietary) Limited

Appellant

Cargo Carriers Limited

Appellant

Tanker Services (Proprietary) Limited

Appellant

Mainline Carriers (Proprietary) Limited

Appellant

Toll Road Concessionaries (Proprietary) Limited

Respondent

Government of the Republic of South Africa

Respondent

National Transport Commission

Respondent

Minister of Transport

Respondent

Procedural Posture

Civil Appeal / Appeal Hearing and Judgment

Legal Issues

  1. 1 Whether the Minister made an effective determination of the amounts of toll under section 9(4) of the National Roads Act.
  2. 2 Whether specifying a maximum toll amount, rather than a fixed amount, satisfies the statutory requirement.
  3. 3 Whether the technical defect alleged by the appellants invalidates the toll determination.

Ratio Decidendi

The court held that the Minister's determination of toll amounts, expressed as maximum figures for each vehicle class, was effective and satisfied the requirements of section 9(4) of the National Roads Act. The statutory language 'determine' means to fix or decide the amount, and specifying a maximum does not undermine this. The commission is empowered to collect less than the maximum, and the legislative intent is to protect the public from excessive tolls, not to prevent lower charges. The technical objection raised by the appellants was found to be unsound, as any defect would only benefit road users and could be remedied by a fresh determination without altering the amounts. The...

Court Disposition

Appeal dismissed with costs, including costs of two counsel for each respondent.

Orders

  • The appeal is dismissed with costs, including in respect of each of the respondents the costs of two counsel.