South Africa Case Law

S v Ntanzi and Others (DR15/2024; DR14/2024; DR13/2024; DR16/2024; DR12/2024)

S v Ntanzi and Others (DR15/2024; DR14/2024; DR13/2024; DR16/2024; DR12/2024) [2024] ZAKZPHC 56; 2024 (2) SACR 403 (KZP) (1 July 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

DR15/2024; DR14/2024; DR13/2024; DR16/2024; DR12/2024

Judges

Olsen, Bedderson

The High Court set aside five guilty-plea convictions for unlawful road-based public transport and remitted the matters because the magistrate failed to properly question the accused.

• National Land Transport Act
• Summary Trial Procedure
• Guilty Plea
• Fair Trial Rights
• Magistrates Court Review
• Criminal-procedure

Mudau v Road Accident Fund (278/2022)

Mudau v Road Accident Fund (278/2022) [2024] ZAGPJHC 553 (11 June 2024)

Court

South Gauteng High Court, Johannesburg

Case number

278/2022

Judge

Nharmuravate

Road Accident Fund claim dismissed after the court found the plaintiff failed to prove negligence and had not kept a proper lookout when overtaking.

• Road Accident Fund Liability
• Negligence
• Hearsay Evidence
• Overloading
• Proper Lookout
• National Land Transport Act

Kweleta v George Municipality and Others (22547/2023)

Kweleta v George Municipality and Others (22547/2023) [2024] ZAWCHC 5 (22 January 2024)

Court

Western Cape High Court, Cape Town

Case number

22547/2023

Judge

Lekhuleni

Urgent application to compel release of an impounded vehicle dismissed; the court held the impoundment lawful under the NLTA and costs followed.

• National Land Transport Act
• Impoundment Of Vehicle
• Urgent Interdict
• Statutory Interpretation
• Alternative Remedy
• Costs Order

S v Mvelase (R68/23A)

S v Mvelase (R68/23A) [2023] ZAKZPHC 130 (10 November 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

R68/23A

Judges

Mossop, Vahed

The High Court found that the sentence imposed by the magistrate was unduly harsh and inappropriate given the accused's personal circumstances, including his status as a first offender and his low monthly income. The magistrate failed to consider all available sentencing options, particularly the suspension of a portion of the sentence, which would serve as a deterrent while also taking into account the accused's ability to pay and his responsibilities. The court held that the failure to suspend part of the sentence constituted a significant misdirection, justifying intervention on review. Ac…

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• Sentencing Review
• National Land Transport Act
• Mitigation Of Sentence

Intercape Ferreira Mainliner (Pty) Ltd v MEC for Transport, Eastern Cape and Others (2099/2022)

Intercape Ferreira Mainliner (Pty) Ltd v MEC for Transport, Eastern Cape and Others (2099/2022) [2023] ZAECMKHC 91 (22 August 2023)

Court

Eastern Cape High Court, Makhanda

Case number

2099/2022

Judge

Smith

The High Court confirmed a structural interdict requiring a revised safety plan for long-distance buses in the Eastern Cape and ordered SAPS implementation.

• Structural Interdict
• Supervisory Jurisdiction
• Separation Of Powers
• Public Safety
• National Land Transport Act
• Mandamus

S v Zulu and Others (AR219/2022)

S v Zulu and Others (AR219/2022) [2023] ZAKZPHC 71 (30 June 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR219/2022

Judges

Mngadi, P Bezuidenhout

The High Court reviewed and set aside admission-of-guilt fines paid by 22 accused after finding the charges and procedure under the Criminal Procedure Act and NLTA were defective.

• Admission Of Guilt Fine
• Criminal Procedure Act
• National Land Transport Act
• Review Of Magistrate Proceedings
• Admission-of-guilt-fine
• Criminal-procedure-act

PUTCO (Pty) Ltd v City of Johannesburg Metropolitan Municipality and Others (252/22)

PUTCO (Pty) Ltd v City of Johannesburg Metropolitan Municipality and Others (252/22) [2023] ZASCA 31; [2023] 2 All SA 601 (SCA) (30 March 2023)

Court

Supreme Court of Appeal

Case number

252/22

Judges

Saldulker JA, Schippers JA, Mbatha JA, Molefe JA, Unterhalter AJA

The Supreme Court of Appeal held that NLTA section 46 does not apply to disputes arising from section 41 negotiations for new transport contracts.

• Statutory Interpretation
• National Land Transport Act
• Negotiated Contracts
• Dispute Resolution Mechanisms
• Statutory-interpretation
• National-land-transport-act

Lotz v S (AR119/P)

Lotz v S (AR119/P) [2022] ZAKZPHC 40; 2023 (1) SACR 88 (KZP) (26 August 2022)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR119/P

Judges

Mossop, Koen

The appellant was convicted in his personal capacity for operating a public transport service vehicle without the necessary permit, but the evidence established that he did not personally operate the vehicle, was not present at the time of the offence, and was not the owner or driver. The charge sheet failed to cite him as a representative of the corporate body, and there was no mention of the company in the charge sheet. The State did not prove the appellant's guilt beyond reasonable doubt, and the conviction was based on a procedural error. The appeal was upheld, and the conviction and sent…

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• Corporate Criminal Liability
• Charge Sheet Deficiency
• Burden Of Proof
• National Land Transport Act
• Criminal Procedure Act

S v Dlamini (R52/21)

S v Dlamini (R52/21) [2021] ZAKZPHC 10 (12 December 2021)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

R52/21

Judges

Mngadi, Chili

The magistrate imposed a sentence that exceeded the statutory maximum under the National Land Transport Act and combined a fine with imprisonment, which is not permitted. The sentencing approach was misdirected by over-emphasising deterrence and general taxi industry problems, rather than focusing on the individual circumstances of the accused, who was a small operator with no relevant previous convictions and who pleaded guilty. The sentence was so severe as to induce a sense of shock and was disturbingly inappropriate. The correct approach is to individualise the sentence, consider the accu…

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• National Land Transport Act
• Sentencing Principles
• Judicial Discretion
• Firearms Control Act

PUTCO (Pty) Limited v MEC for Roads and Transport, Gauteng and Another; Trustees for the Time Being of the Bus Industry Restructuring Fund and Another v Gauteng Department of Roads and Transport and Others (2021/49674; 2021/51091)

PUTCO (Pty) Limited v MEC for Roads and Transport, Gauteng and Another; Trustees for the Time Being of the Bus Industry Restructuring Fund and Another v Gauteng Department of Roads and Transport and Others (2021/49674; 2021/51091) [2021] ZAGPJHC 780 (7 December 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2021/49674; 2021/51091

Judge

T P Mudau

The court found that the applicants failed to establish a prima facie right to interim relief. The Department's statutory and constitutional obligations to conduct a competitive tender process, including the 30% subcontracting requirement, outweighed the applicants' contractual claims and assertions of procedural unfairness. The alleged harm was speculative and not imminent, as the contracts were still in force and no tender had been awarded. The balance of convenience and separation of powers considerations militated against judicial intervention in the executive's procurement process. Alter…

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• Interim Interdict
• Public Procurement
• Preferential Procurement Policy Framework Act
• National Land Transport Act
• Separation Of Powers
• Contractual Rights