South African Roads Board v City Council of Johannesburg (485/89) [1991] ZASCA 63; 1991 (4) SA 1 (AD); [1991] 4 All SA 722 (AD) (24 May 1991)

South African Roads Board v City Council of Johannesburg (485/89) [1991] ZASCA 63; 1991 (4) SA 1 (AD); [1991] 4 All SA 722 (AD) (24 May 1991)

The Supreme Court of Appeal held that the Commission acted ultra vires in erecting a toll gate on the N13 before it was declared a toll road in accordance with section 9(1)(c) of the National Roads Act. The statutory definition of 'toll road' requires formal declaration and publication, and the powers under section 5(1)(c) do not extend to the erection of toll gates outside this process. The court further found that the decision to declare the N13 a toll road had a particular impact on the City Council, affecting its property rights and financial obligations, and thus the Commission was obliged to afford the City Council an opportunity to be heard before making such a decision. The audi...

Citation
[1991] ZASCA 63
Parties
Appellant: South African Roads Board; Respondent: City Council of Johannesburg
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
24 May 1991
Case Number
485/89
Procedural Posture
Civil Appeal / Appeal From the Court a Quo (witwatersrand Local Division)
Outcome
Appeal dismissed with costs, including costs of two counsel.
Judges
Corbett, Milne, Steyn, F H Grosskopf, Nienaber
Legal Topics
Ultra Vires, Audi Alteram Partem, Municipal Powers, Toll Roads, Statutory Interpretation
Administrative Law Land and Property Ultra Vires Audi Alteram Partem Municipal Powers Toll Roads Statutory Interpretation

Case Brief

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Parties

South African Roads Board

Appellant

City Council of Johannesburg

Respondent

Procedural Posture

Civil Appeal / Appeal From the Court a Quo (witwatersrand Local Division)

Legal Issues

  1. 1 Whether the erection of a toll gate on a national road not declared a toll road is ultra vires the Commission.
  2. 2 Whether the Commission was obliged to give the City Council an opportunity to be heard before declaring the N13 a toll road.
  3. 3 Whether the use of tolls collected on the N13 for financing the M4 would be unlawful under section 2(3A) of the National Roads Act.

Ratio Decidendi

The Supreme Court of Appeal held that the Commission acted ultra vires in erecting a toll gate on the N13 before it was declared a toll road in accordance with section 9(1)(c) of the National Roads Act. The statutory definition of 'toll road' requires formal declaration and publication, and the powers under section 5(1)(c) do not extend to the erection of toll gates outside this process. The court further found that the decision to declare the N13 a toll road had a particular impact on the City Council, affecting its property rights and financial obligations, and thus the Commission was obliged to afford the City Council an opportunity to be heard before making such a decision. The audi...

Court Disposition

Appeal dismissed with costs, including costs of two counsel.

Orders

  • The appeal is dismissed.
  • The appellant is ordered to pay the costs of the appeal, including the costs of two counsel.