MEC for Public Works, Roads and Transport, Free State Provincial Government v Phuthanang Transport Service (Pty) Ltd

Phuthanang Transport Service (Pty) Ltd applied in June 1997 to the Provincial Taxi Registrar, Free State, for registration as a taxi association under s 18 of the Free State Interim Passenger Transport Act 16 of 1998. The Registrar refused the application on the basis that the association had been established after 28 February 1995 and did not have the prescribed minimum of 20 members. An internal appeal to the MEC was dismissed on the same grounds, with an additional finding that the association’s constitution did not comply with the prescribed Standard Constitution. The respondent successfully reviewed this refusal in the Free State High Court, which set aside the decisions and remitted the matter for reconsideration, allowing members to continue operating pending reconsideration. The MEC and Registrar appealed to the Supreme Court of Appeal.

The appeal was upheld with costs. The High Court order was set aside and replaced with an order dismissing the review application with costs.

The case affirms the strict application of statutory requirements in the regulation of the taxi industry and clarifies that peremptory registration requirements cannot be bypassed through claims of substantial compliance. It reinforces limits on judicial interference with administrative decisions where statutory prerequisites have not been met.