Tswelopele Driving School CC and Others v Member of the Executive Council for the Public Works, Roads and Transport, Free State and Others (4801/07) [2007] ZAFSHC 142 (6 December 2007)

Tswelopele Driving School CC and Others v Member of the Executive Council for the Public Works, Roads and Transport, Free State and Others (4801/07) [2007] ZAFSHC 142 (6 December 2007)

The court found that the applicants acted promptly upon learning of the respondents' decision and that the matter was urgent, thus satisfying the requirements of Rule 6(12). However, the applicants failed to establish a prima facie right to the relief sought, as there was no contract or legal obligation binding the respondents to test the applicants' clients. The applicants' interest was purely financial and did not amount to a direct and substantial interest sufficient to confer locus standi. The court distinguished the present case from authority where a union litigated on behalf of its members with a common interest. Accordingly, the application for interim relief was dismissed.

Citation
[2007] ZAFSHC 142
Parties
Applicant: Tswelopele Driving School CC; Applicant: Prestprops 1266 BK t/a K53 Bestuurskool; Applicant: Prestprops 3315 BK t/a Blind Spot Driving School; Respondent: Member of the Executive Council for Public Works, Roads & Transport, Free State Province; Respondent: Head of Department: Department of Public Works, Roads & Transport; Respondent: Control Provincial Inspector: Thabo Mofutsanyana District; Respondent: Control Provincial Inspector: Fezile Dabi District
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
6 December 2007
Case Number
4801/07
Procedural Posture
Urgent Application / Application for Interim Relief Pending Review Proceedings
Outcome
Application dismissed with costs, including costs of two counsel.
Judges
S. Ebrahim
Legal Topics
Interim Interdict, Locus Standi, Urgency, Drivers Licence Testing, Review Proceedings
Administrative Law Civil Procedure Interim Interdict Locus Standi Urgency Drivers Licence Testing Review Proceedings

Case Brief

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Parties

Tswelopele Driving School CC

Applicant

Prestprops 1266 BK t/a K53 Bestuurskool

Applicant

Prestprops 3315 BK t/a Blind Spot Driving School

Applicant

Member of the Executive Council for Public Works, Roads & Transport, Free State Province

Respondent

Head of Department: Department of Public Works, Roads & Transport

Respondent

Control Provincial Inspector: Thabo Mofutsanyana District

Respondent

Control Provincial Inspector: Fezile Dabi District

Respondent

Procedural Posture

Urgent Application / Application for Interim Relief Pending Review Proceedings

Legal Issues

  1. 1 Whether the application for interim relief is urgent.
  2. 2 Whether the applicants have established the requirements for interim relief, including a prima facie right and locus standi.

Ratio Decidendi

The court found that the applicants acted promptly upon learning of the respondents' decision and that the matter was urgent, thus satisfying the requirements of Rule 6(12). However, the applicants failed to establish a prima facie right to the relief sought, as there was no contract or legal obligation binding the respondents to test the applicants' clients. The applicants' interest was purely financial and did not amount to a direct and substantial interest sufficient to confer locus standi. The court distinguished the present case from authority where a union litigated on behalf of its members with a common interest. Accordingly, the application for interim relief was dismissed.

Court Disposition

Application dismissed with costs, including costs of two counsel.

Orders

  • The application is dismissed.
  • The applicants are ordered to pay the respondents' costs, including costs attendant upon the employment of two counsel.