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South Africa decisions
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Mzimba v MEC for Transport and Civil Aviation and Another (465/00) [2000] ZANWHC 12 (14 September 2000)
Urgent application to recover a seized passenger vehicle failed because the court found the paper produced was only a permit-transfer application, not a valid permit.
S v Heavy Transport and Plant Hire (Pty) Ltd. and Others (373/88) [1989] ZASCA 137 (3 October 1989)
The court held that the phrase 'contractor's plant and equipment' in the relevant permits must be interpreted in the context of the permit as a whole and the statutory scheme. The word 'equipment' is not to be read in isolation or given an unduly broad meaning. Instead, it is conjunctively linked to 'plant' and both are qualified by 'contractor's,' referring to machinery, tools, and items necessary for a contractor's work, not general goods or stock-in-trade. The carriage of washing powder and steel was not authorised by the permits, as these items did not constitute 'contractor's plant and e…
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S v Longdistance (Natal) (Pty) Ltd. and Others (125/89) [1989] ZASCA 124; [1990] 1 All SA 390 (A) (28 September 1989)
Appeal over road-transport offences: negligence-based mens rea, no unlawful splitting of charges, convictions corrected to the permit-holder provision, and forfeiture set aside.
S v Lehmbeckers Transport and Another (164/88) [1988] ZASCA 164 (30 November 1988)
The court held that the 29 rolls of kraft paper were new and had not yet been used as packing material. The exemption in the Road Transportation Act for 'used packing material' applies only to material that has already been used or taken into use as packing material. The evidence established that the paper was intended for future use in the manufacture of packaging but had not yet served that purpose. The court further found that the appellants failed to exercise reasonable care to ascertain whether the goods were exempt, and their reliance on the exemption was not justified. The requisite me…
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S v Alex Cartage (Pty) Ltd t/a Alex Carriers and Another (64/87) [1988] ZASCA 106 (23 September 1988)
The court held that most of a shipment of spare parts was not covered by the permit and rejected an impossibility defence based on the cost of unpacking.
S v PL breytenbach Transport Contractors (Pty) Ltd and Another (189/87) [1988] ZASCA 60 (26 May 1988)
The court dismissed an appeal against forfeiture of vehicles used in unauthorized road transport, holding that section 36(1) made forfeiture compulsory on the facts.
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