Jobela v Member of the Executive Council Responsible for the Department of Transport: Eastern Cape (2326/2024)
Jobela v Member of the Executive Council Responsible for the Department of Transport: Eastern Cape (2326/2024) [2024] ZAECMHC 57 (25 June 2024)
The court found that the applicant failed to establish unlawful dispossession of his bus. The impoundment was authorised under section 87(1) of the National Land Transport Act and section 42(2) of the National Road Traffic Act, as the bus did not display a valid license and roadworthy disc and the disc was withheld due to outstanding payment on another vehicle. The applicant did not adequately explain the administrative issue or demonstrate that he had no alternative remedy, as he could pay the outstanding amounts or fines to recover possession. The urgency claimed by the applicant was not su…
Source excerpt
- Mandament Van Spolie
- Impoundment Of Motor Vehicle
- Road Traffic Regulation
- Urgency
- Alternative Remedy