Greater Bloemfontein Taxi Association and Another v Retshedisitsoe Isaac Mafisa

The respondent urgently applied for an interdict preventing the Greater Bloemfontein Taxi Association (GBTA) and its chairperson from stopping him and his drivers from loading passengers at the Majakathata Taxi Rank. He alleged that he had lawfully acquired an operating permit from Ms Nontsokolo Mei, which entitled him to load at the rank. The appellants contended that the permit was unlawfully obtained in contravention of s 77 of the Land Transport Act 5 of 2009 and that, in any event, the respondent breached the association’s rules by jumping the loading queue and refusing to operate under Ms Mei’s membership number. The Free State Licensing Board had issued the permit to the respondent, and that decision had not been reviewed or set aside. After the High Court granted a final interdict in the respondent’s favour, the appellants appealed to the Supreme Court of Appeal.

The appeal was upheld in part. The High Court’s order was set aside and replaced with an order permitting the respondent to load at the taxi rank in terms of his permit, but subject to him temporarily loading under Ms Mei’s permit pending a decision by the GBTA or a court on the legality of the permit. The respondent was required to comply with the Majakathata Association’s rules. The appellants were directed to institute any review or related proceedings within 60 days, failing which the temporary arrangement would lapse. Each party was ordered to pay its own costs.

The case affirms the application of the Oudekraal principle to operating permits under the Land Transport Act, confirming that such permits remain valid and enforceable until set aside on review. It also illustrates the limits of final interdictory relief where material disputes of fact exist and highlights the interaction between statutory transport regulation and the internal rules of voluntary taxi associations.