Algoa Bus Company (Pty) Ltd v Nelson Mandela Bay Metropolitan Municipality and Others (2202/2019) [2022] ZAECGHC 7 (15 February 2022)

Algoa Bus Company (Pty) Ltd v Nelson Mandela Bay Metropolitan Municipality and Others (2202/2019) [2022] ZAECGHC 7 (15 February 2022)

The court found that the plaintiff became aware of the administrative action and the reasons for it at the latest in October 2018, when it received the VOCA. Despite this, the plaintiff delayed instituting review proceedings until July 2019, a period of approximately nine months, without providing a cogent...

Source-derived case information.

Citation
[2022] ZAECGHC 7
Parties
Plaintiff: Algoa Bus Company (Pty) Ltd; Defendant: Nelson Mandela Bay Metropolitan Municipality; Defendant: Spectrum Alert ITS (Pty) Limited; Defendant: Algoa Taxi Association; Defendant: Northern Areas Taxi Association; Defendant: Member of the Executive Council for Transport and Public Works: Eastern Cape; Defendant: Minister of Transport
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
15 February 2022
Case Number
2202/2019
Procedural Posture
Review Application / Final Judgment After Separation of Issues; Condonation and Merits Decided
Outcome
Plaintiff's application for condonation of non-compliance with section 7(1) of PAJA is dismissed. Plaintiff's action is dismissed with costs, including costs of two counsel where so employed.
Judges
Jolwana
Legal Topics
Promotion of Administrative Justice Act, Condonation of Delay, Legality Principle, Municipal Procurement, Review of Administrative Action
Administrative Law Civil Procedure Promotion of Administrative Justice Act Condonation of Delay Legality Principle Municipal Procurement Review of Administrative Action

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Parties

Algoa Bus Company (Pty) Ltd

Plaintiff

Nelson Mandela Bay Metropolitan Municipality

Defendant

Spectrum Alert ITS (Pty) Limited

Defendant

Algoa Taxi Association

Defendant

Northern Areas Taxi Association

Defendant

Member of the Executive Council for Transport and Public Works: Eastern Cape

Defendant

Minister of Transport

Defendant

Procedural Posture

Review Application / Final Judgment After Separation of Issues; Condonation and Merits Decided

Legal Issues

  1. 1 Whether the plaintiff instituted review proceedings within the time limits prescribed by section 7(1)(b) of PAJA.
  2. 2 Whether the delay in instituting proceedings should be condoned under section 9 of PAJA.
  3. 3 Whether the Vehicle Operating Company Agreement (VOCA) was invalid for non-compliance with section 41 of the National Land Transport Act and procurement legislation.

Ratio Decidendi

The court found that the plaintiff became aware of the administrative action and the reasons for it at the latest in October 2018, when it received the VOCA. Despite this, the plaintiff delayed instituting review proceedings until July 2019, a period of approximately nine months, without providing a cogent explanation for the delay. The plaintiff's ongoing engagements and pursuit of compensation did not justify the failure to act within the statutory 180-day period prescribed by PAJA. The court held that the interests of justice did not require condonation of the delay, as the plaintiff's conduct was motivated by financial interests rather than a genuine concern for legality. Furthermore,...

Court Disposition

Plaintiff's application for condonation of non-compliance with section 7(1) of PAJA is dismissed. Plaintiff's action is dismissed with costs, including costs of two counsel where so employed.

Orders

  • The plaintiff's application for condonation of its non-compliance with section 7(1) of PAJA is dismissed.
  • The plaintiff's action is dismissed with costs, including costs of two counsel where so employed.