South Africa Case Law

Cape Organisation for the Democratic Taxi Association George Branch v George Municipality and Others (20698/2023)

Cape Organisation for the Democratic Taxi Association George Branch v George Municipality and Others (20698/2023) [2024] ZAWCHC 367 (5 November 2024)

Court

Western Cape High Court, Cape Town

Case number

20698/2023

Judge

Gordon-Turner

The application became moot as the vehicles were released prior to the hearing, and the applicant conceded that the impoundments were not unlawful. The applicant and its members failed to use available statutory remedies, including PAIA for information and criminal courts for release orders. The municipality's requirement to follow PAIA was reasonable and did not constitute a refusal. The applicant persisted with litigation despite being aware that the substantive relief was no longer required, failed to withdraw the application or tender costs, and did not amend its papers as vehicles were r…

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• Impoundment Of Vehicles
• Urgent Interdict
• Access To Information
• Municipal Powers
• Costs Award
• Section 31 Criminal Procedure Act

Mokoshane and Others v Member of the Executive Council for the Department of Roads and Transport, Gauteng Provincial Department and Others (2023/084551)

Mokoshane and Others v Member of the Executive Council for the Department of Roads and Transport, Gauteng Provincial Department and Others (2023/084551) [2023] ZAGPJHC 1021 (11 September 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023/084551

Judge

Moorcroft

The High Court held that impoundment of Bolt Bajaj e-hailing vehicles was lawful under the National Land Transport Act, defeating a spoliation claim.

• Mandament Van Spolie
• Impoundment Of Vehicles
• E Hailing Regulation
• Operating Licence Requirements
• Public Transport Legislation
• Mandament-van-spolie

MEC: Department of Police, Roads & Transport Free State Province v Viljoen and Others (4404/2021)

MEC: Department of Police, Roads & Transport Free State Province v Viljoen and Others (4404/2021) [2022] ZAFSHC 198 (19 August 2022)

Court

Free State High Court, Bloemfontein

Case number

4404/2021

Judges

Chesiwe, Van Rhyn

The court held that the applicant, as custodian of the impounded vehicle, had locus standi to bring the review application. The failure to join the National Prosecuting Authority was not fatal as the first respondent, who granted the original order, abided by the court's decision and was represented by the State Attorney. The central issue was the interpretation of section 99(2) of the Free State Public Transport Act. The court found that the term 'person concerned' is not defined in the Act and, applying principles of statutory interpretation, should be given its ordinary meaning. The lawful…

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• Statutory Interpretation
• Impoundment Of Vehicles
• Locus Standi
• Non Joinder
• Review Of Magistrate Order

Masemola Taxi Association and Others v MEC of Roads and Transport (Limpopo Province) and Another (7708/2016)

Masemola Taxi Association and Others v MEC of Roads and Transport (Limpopo Province) and Another (7708/2016) [2016] ZAGPPHC 81 (12 February 2016)

Court

North Gauteng High Court, Pretoria

Case number

7708/2016

Judge

N Davis

The court found that all applicants, respondents, and impoundment events were located within the area of jurisdiction of the Limpopo Division. The recent ministerial notice, effective 25 January 2016, established the Limpopo Division's jurisdiction and terminated the Gauteng Division's concurrent jurisdiction. The application was launched in the Gauteng Division without any jurisdictional connecting factor to Gauteng. The applicants' argument regarding the taxi route passing through Gauteng was rejected, as the alleged offences and impoundments occurred in Limpopo. The point in limine regardi…

Source excerpt

• High Court Jurisdiction
• Impoundment Of Vehicles
• Urgent Interdict
• Operating Licence Conditions