Moruleng and District Taxi Association v North West Provincial Department of Transport & 27 Others

The Moruleng and District Taxi Association and the Mogwase Taxi Association were rival taxi associations disputing the right to operate a minibus taxi service on the Moruleng–Mogwase route in the North West Province. Members of the Mogwase Taxi Association held old radius-based permits under pre‑NLTTA legislation. Acting on advice from transport authorities, they applied to the North West Provincial Operating Licence Board for conversion of these permits into route‑based operating licences under the National Land Transport Transition Act 22 of 2000 (NLTTA). The Board granted the conversions. The Moruleng association applied to the High Court to review and set aside the decisions, contending that the Mogwase operators had not actually operated on the disputed route for at least 180 days prior to application as required by s 80 of the NLTTA. The High Court of first instance dismissed the review on delay, the full court overturned that finding but dismissed the appeal on the merits. The matter came before the Supreme Court of Appeal.

The appeal was upheld. The decision of the Provincial Operating Licence Board granting operating licences to members of the Mogwase Taxi Association for the Moruleng–Mogwase route was reviewed and set aside. The respondents were ordered to pay the appellants’ costs, including the costs of two counsel.

The case is significant for clarifying the strict and peremptory nature of the statutory requirements governing the conversion of taxi permits under the NLTTA. It underscores that administrative bodies may not relax jurisdictional facts prescribed by statute and affirms a strict approach to legality in administrative decision‑making within the taxi and public transport sector.