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…

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

Welkom United Taxi Association and Others v Majakathata Long Distance Taxi Association (Odendaalsrus Majakathata Long Distance Taxi Association) and Others (5348/2021)

Welkom United Taxi Association and Others v Majakathata Long Distance Taxi Association (Odendaalsrus Majakathata Long Distance Taxi Association) and Others (5348/2021) [2023] ZAFSHC 433 (30 October 2023)

Court

Free State High Court, Bloemfontein

Case number

5348/2021

Judge

Mhlambi

The High Court granted final interdict relief to taxi associations, rejecting technical objections and ordering restoration of possession, route restraints, and related costs.

• Public Transport Regulation
• Spoliation
• Final Interdict
• Permit Authorisation
• Unlawful Occupation
• Urgent Application

MEC for Road and Transport Gauteng Province v Witwatersrand African Taxi Owners Association and Others (21/51435)

MEC for Road and Transport Gauteng Province v Witwatersrand African Taxi Owners Association and Others (21/51435) [2022] ZAGPJHC 342 (20 May 2022)

Court

South Gauteng High Court, Johannesburg

Case number

21/51435

Judge

Dosio

The High Court granted a final interdict stopping WATA from using an illegal taxi rank in Johannesburg, but refused relief against NANDUWE for touting.

• National Land Traffic Act
• Locus Standi
• Final Interdict
• Public Transport Regulation
• Statutory Interpretation
• Municipal Powers

Kwadukuza/ Stanger Taxi Owners Association v Maphumulo Taxi Owners Association and Others (AR240/2020)

Kwadukuza/ Stanger Taxi Owners Association v Maphumulo Taxi Owners Association and Others (AR240/2020) [2022] ZAKZPHC 10 (28 January 2022)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR240/2020

Judges

D Pillay, K Pillay, Mnguni

The court held that the arbitration award and the court order enforcing it remain valid and binding until set aside, and that the operating licences granted to members of the first respondent are valid and enforceable. The National Land Transportation Act did not retrospectively invalidate rights acquired prior to its commencement, and the first respondent's evidence of applying for conversion of licences within the statutory period was accepted. The appellant's claim for relief was incompetent, as licences are issued to individual operators, not associations. On the issue of standing, the co…

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• Standing Of Associations
• Operating Licences
• Arbitration Award Enforcement
• Review Of Administrative Action
• Public Transport Regulation

S v Namane (R49/2021)

S v Namane (R49/2021) [2021] ZAFSHC 262 (4 November 2021)

Court

Free State High Court, Bloemfontein

Case number

R49/2021

Judges

Mhlambi, Mbhele

The High Court reviewed a magistrate’s irregular order on vehicle release, confirmed the reduced admission of guilt fine, and substituted a corrected release order.

• Admission Of Guilt Fine
• Impoundment Of Vehicle
• Magistrates Court Review
• Public Transport Regulation
• Criminal-review
• Admission-of-guilt-fine

Klipriver Taxi Association and Others v MEC for Transport, KwaZulu Natal and Another (12682/2018P)

Klipriver Taxi Association and Others v MEC for Transport, KwaZulu Natal and Another (12682/2018P) [2019] ZAKZPHC 37; 2020 (3) SA 447 (KZP) (14 June 2019)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

12682/2018P

Judge

Chetty

The High Court reviewed and set aside the MEC’s suspension of Klipriver Taxi Association operations under section 91 of the NLTA for being unlawful and irrational.

• National Land Transport Act
• Review Of Administrative Action
• Procedural Fairness
• Ultra Vires
• Public Transport Regulation
• Administrative-law

Mgcira v S (A282/2017)

Mgcira v S (A282/2017) [2018] ZAFSHC 60 (10 May 2018)

Court

Free State High Court, Bloemfontein

Case number

A282/2017

Judges

Mathebula, Van Rhyn

The court found that the appellant's version, that he purchased the operating license from another individual and had used it without prior issue, was reasonably possibly true. The magistrate erred by relying on incorrect legal submissions and failing to verify the relevant statutory provisions. The evidence did not establish that the appellant knowingly possessed a falsified document or committed fraud. The conviction and sentence were therefore not justified and had to be set aside.

Source excerpt

• Fraud
• Falsification Of Documents
• Operating License
• Public Transport Regulation

MEC for Transport, Community Safety and Liason for the Province of KwaZulu-Natal and Others v The Zamokuhle Long Distance Taxi Association and Others (3374/16 P)

MEC for Transport, Community Safety and Liason for the Province of KwaZulu-Natal and Others v The Zamokuhle Long Distance Taxi Association and Others (3374/16 P) [2017] ZAKZPHC 62 (29 March 2017)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

3374/16 P

Judge

Mngadi AJ

The court confirmed a final interdict restraining unlawful disruption at Port Shepstone taxi rank, but made no order as to costs.

• Final Interdict
• Public Transport Regulation
• Protest And Public Order
• Costs Award
• Final-interdict
• Protest-and-public-order

MEC: Department of Police, Roads and Transport, Free State Province and Others v Mohokare Long Distance Taxi Association (A77/11)

MEC: Department of Police, Roads and Transport, Free State Province and Others v Mohokare Long Distance Taxi Association (A77/11) [2012] ZAFSHC 77 (26 April 2012)

Court

Free State High Court, Bloemfontein

Case number

A77/11

Judges

Van Der Merwe, Mocumie, Lekale

Full Court appeal on spoliation, taxi-association registration and contempt. The court narrowed one interdict, set aside contempt findings, and adjusted costs.

• Spoliation
• Contempt Of Court
• Registration Of Taxi Associations
• Public Transport Regulation
• Costs Award
• Contempt-of-court

Witwatersrand African Taxi Owners Association v MEC for Roads and Transport (2010/12454)

Witwatersrand African Taxi Owners Association v MEC for Roads and Transport (2010/12454) [2010] ZAGPJHC 68 (3 September 2010)

Court

South Gauteng High Court, Johannesburg

Case number

2010/12454

Judge

Moshidi

The High Court reviewed and set aside regulations closing WATA taxi routes and ranks, finding no credible evidence of violence or instability and holding the process unlawful.

• Promotion Of Administrative Justice Act
• Gauteng Public Road Transport Act
• Procedural Fairness
• Arbitrary Deprivation Of Property
• Rationality Review
• Public Transport Regulation