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[2016] ZAGPPHC 983
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Timeleni Taxi Association v Senior Manager. Registration And Monitoring Provincial Regulatory Entity (Mpumalanga Province) And Others (26913/15) [2016] ZAGPPHC 983 (18 November 2016)
IN THE HIGH COURT OF
SOUTH AFRICA
(GAUTENG DIVISION,
PRETORIA)
REPORTABLE: NO
OF INTEREST TO OTHER
JUDGES: NO
REVISED
Case Number: 26913/15
Date: 18 November 2016
In the matter between:
TIMELENI
TAXI
ASSOCIATION
Applicant
and
THE
SENIOR MANAGER: REGISTRATION
AND
MONITORING, PROVINCIAL REGULATORY
ENTITY
(MPUMALANGA
PROVINCE)
First
Respondent
OPERATING
LICENSE BOARD (DISTRICT OF EHLANZENI)
Second
Respondent
TWIN
CITY DEVELOPMENT (PTY) LTD
Third
Respondent
WHITE
HAZY TAXI ASSOCIATION
Fourth
Respondent
JUDGMENT
DU PLESSIS. AJ
This is an application by
the Applicant in terms of which it seeks several declaratory orders
in the following terms:
1.1.
On proper reading of the
National Land Transport Act, No
5
of
2009
, the Taxi Associations have been reduced
to voluntary
associations and the individual taxi operators do
not have to be members of
taxi associations to operate in
terms of their operating licenses or permits;
1.2.
The
members of
the
Applicant, whose
names are
listed in
Annexure TTA1
to
the Applicant's founding affidavit, had
a
right in terms of
Section 18 of the Constitution of the Republic of South Africa, 1996
to associate and constitute themselves into
the Applicant as they
did;
1.3.
The conduct of the First and Second Respondent of requiring
individual taxi operators, including members of the Applicants to
furnish
the Provincial Regulatory Entity (PRE) and the Licensing
Board with letters of recommendation from registered taxi association
for the purposes of issue or renewal of operating licenses or permits
or for any assistance relating to their operation as taxi
operators
is not provided for in the
National Land Transport Act, No 5 of 2009
and is therefore unlawful;
1.4.
The
insistence by the Fourth Respondent that the members of the Applicant
listed in
Annexure TTA1
to the Applicant's
founding affidavit, "its members despite them having
renounced such membership, violates the
rights
of
the
said
members of
the
Applicant to
freedom of association as contained in Section 17 of the
Constitution;
1.5
From the
outset it needs to be said that the Applicant conceded that prayers
1, 2 and 4 referred to above are to a large extent
the confirmation
of the current statutory and constitutional state of the status of
taxi owners and taxi associations and that
it is not appropriate for
this court to grant such declaratory orders. The orders are somewhat
inelegantly drafted but I shall
deal with the orders as they stand
and as explained in court because of the importance of this
application for the applicants in
particular and also the interest
that the Taxi fraternity might have in the judgment.;
1.6 I shall give the
order below today and shall hand down my reasons for the order in due
course.
As a consequence, I make
the following declaratory order:
2.1 Applications for
operating licenses or permits ,including applications for the renewal
or transfer of operating licenses or
permits, lodged in terms of the
National Land Transport Act No 5 of 2009
, as read with the
regulations to the
National Land Transport Act 5 of 2009
with the
First Respondent , the Registration and Monitoring, Provincial
Regulatory Entity of Mpumalanga Province and/or with the
second
Respondent , the Operating License Board of the District of
Ehlanzeni, within the province of Mpumalanga, does not require
letters of recommendation from any party , including a registered
taxi association , as a pre-requisite for the acceptance of such
applications , for the consideration of such applications and for the
issue of such license or permit.
2.2 Costs of the
application to be paid by the First Respondent.
_______________________
DU
PLESIS AJ
BE MTHIMUNYE
(ATTORNEY)
For the Applicant
Instructed
by Baphasile Mthimunye Attorneys
ADV P FERREIRA
For the First Respondent:
Instructed
by Sam Ledwaba Attorneys Rivonia
Judgment delivered on: 18
November 2016