Highway Junction (Pty) Ltd and Others v Di-Thabeng Truck and Taxi (Pty) Ltd and Others

Di-Thabeng Truck and Taxi (Pty) Ltd owned agricultural land zoned for agricultural use and the parking of trucks. It and related entities conducted fuel-related activities on the property under a wholesale petroleum licence. The appellants, including a neighbouring truck-stop operator and a homeowners association, alleged that the Di-Thabeng entities were engaged in unlawful activities, including unlawful land use, construction, environmental contraventions, water use without a licence, and fuel retailing without the required site and retail licences under the Petroleum Products Act. They sought final interdictory relief in the High Court. The High Court granted an interdict restraining all non-agricultural use (including trading) until land-use approval was obtained, but refused to grant a separate interdict specifically prohibiting fuel retailing. The Di-Thabeng entities’ main appeal against the granted interdict lapsed, leaving only the appellants’ cross-appeal against the refusal of the fuel-retailing interdict before the Supreme Court of Appeal.

The cross-appeal was dismissed. No order as to costs was made.

The judgment affirms the principle that appellate courts will not decide moot issues or give advisory opinions where effective relief is already in place. It reinforces the justiciability doctrine in South African law and highlights judicial restraint, particularly where statutory interpretation issues have broader industry implications and affected parties are not before the court.