Port St Johns Taxi Owners Association v MEC for Transport, Safety and Liaison, Eastern Cape and Others

The applicant, Port St Johns Taxi Owners Association, sought a final interdict restraining the fifth respondent, Uncedo Taxi Association Lusikisiki, from picking up and dropping off passengers along the R61 National Road between Lusikisiki and Port St Johns. The applicant alleged it held an exclusive operating permit for the route and that the fifth respondent’s operations caused it financial prejudice. The applicant also sought orders compelling various state respondents, including the Minister of Police, to enforce the alleged exclusivity. The fifth respondent disputed the applicant’s locus standi, denied the existence of any exclusive right, and produced operating licences issued to its members authorising them to operate on the same route. It was also common cause that the application papers were not properly served on the Minister of Police and the State Attorney as required by the State Liability Act.

The application was dismissed and the applicant was ordered to pay the fifth respondent’s costs.

The judgment reaffirms that operating licences in the taxi industry do not confer exclusivity unless expressly stated, and that lawful activities authorised by valid permits cannot be interdicted. It also underscores the strict importance of compliance with the State Liability Act when seeking relief against organs of state, and illustrates the application of dispute-of-fact principles in motion proceedings.