Clearing Agents, Receivers & Shippers v Member of the Executive Council: Transport, KwaZulu-Natal and Others

The appellant, an association of clearing and forwarding agents and motor vehicle importers, facilitated the importation of second-hand motor vehicles through the Port of Durban for onward export to neighbouring countries. These vehicles were not intended for use or registration in South Africa. From 2002, the appellant’s members relied on regulation 84 of the National Road Traffic Act 93 of 1996 regulations to obtain special and temporary permits allowing the unregistered and unlicensed vehicles to be driven on South African roads from the port to foreign destinations. In 2005, the national Department of Transport issued a directive that regulation 84 did not permit such use, leading the MEC for Transport, KwaZulu-Natal to instruct registering authorities to discontinue issuing these permits. The appellant sought a declaratory order that regulation 84 authorised the issuing of permits for this purpose, which was refused by the High Court, prompting the appeal.

The main appeal was dismissed with costs, including the costs of two counsel. The second appeal (against the security for costs order) and the third appeal (against the interim interdict) were also dismissed with costs.

The case clarifies the limited scope of regulation 84 under the National Road Traffic Act regulations and confirms that temporary and special permits may not be used to facilitate the transit of unregistered vehicles through South Africa for export. It reinforces a purposive approach to statutory interpretation and underscores that regulatory mechanisms designed as interim measures cannot be extended beyond their legislative intent.