South Africa Case Law

Dikwidi v Minister of Police and Another (292/2021)

Dikwidi v Minister of Police and Another (292/2021) [2023] ZANCHC 87 (30 November 2023)

Court

Northern Cape High Court, Kimberley

Case number

292/2021

Judge

Phatshoane

The court found that the plaintiff presented documents with material discrepancies and misrepresentations regarding the operating licence and permit, which amounted to fraud. The arresting officer, a peace officer, observed these discrepancies directly and was entitled to arrest without a warrant under section 40(1)(a) of the Criminal Procedure Act. The officer exercised discretion rationally, as evidenced by his testimony and the prevalence of fraudulent activities in the taxi industry. The plaintiff failed to testify or rebut the prima facie case of fraud. The State suffered prejudice due t…

Source excerpt

• Unlawful Arrest
• Wrongful Detention
• Fraud
• Operating Licence Requirements
• Discretion In Arrest
• Public Transport Regulation

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

Moruleng and District Taxi Association and Another v North West Provincial Department of Transport and Others (254/10)

Moruleng and District Taxi Association and Another v North West Provincial Department of Transport and Others (254/10) [2011] ZASCA 138 (23 September 2011)

Court

Supreme Court of Appeal

Case number

254/10

Judges

Harms, Maya, Bosielo, Shongwe, Plasket

The Supreme Court of Appeal held that taxi operating licences were wrongly granted because the applicants had not met the NLTTA’s 180-day service requirement.

• Review Of Administrative Action
• Conversion Of Transport Permits
• Operating Licence Requirements
• Promotion Of Administrative Justice Act
• Administrative-law
• Judicial-review