Mzamba Taxi Owners’ Association and Another v Bizana Taxi Association and Others

The dispute concerned the use of the Port Edward taxi rank on the Bizana–Port Edward–Port Shepstone route. Mzamba Taxi Owners’ Association (Mzamba) and Bambanani Taxi Association previously shared the taxi rank, each using a geographical half. Bambanani and Bizana Taxi Association (BTA) later concluded a voluntary ‘gapping’ agreement allowing BTA to use Bambanani’s half of the rank. The KwaZulu-Natal and Eastern Cape Provincial Taxi Registrars endorsed the agreement. Mzamba, which was not consulted, objected on the basis that the agreement would encroach on its members’ operations and cause financial prejudice. Mzamba sought to review and set aside the registrars’ endorsement under PAJA, alternatively to have the agreement declared invalid.

The appeal was dismissed with costs, including the costs of two counsel.

The case clarifies that operating rights in the minibus taxi industry derive from public permits issued under transport legislation, not from agreements between associations or endorsements by taxi registrars. It limits the scope of administrative review under PAJA by confirming that not every regulatory involvement constitutes administrative action, and affirms that lawful competition is not a ground for review.