Polokwane Local & Long Distance Taxi Association v Limpopo Permissions Board and Others

The appellant, a duly registered taxi association in Limpopo, brought urgent review proceedings challenging a decision of the Limpopo Permissions Board. The Board had ruled that members of the appellant who wished to operate the Polokwane–Johannesburg route could do so only if they joined the RSA Taxi Association. The appellant sought interim relief and review and setting aside of this decision, alleging that it unlawfully compelled its members to join another association and infringed their constitutional right to freedom of association. The High Court raised locus standi mero motu and dismissed the application on the basis that the appellant, as an association, lacked standing to enforce rights arising from individual operating licences. This finding was upheld by the full court. The appellant then appealed to the Supreme Court of Appeal.

The appeal was upheld with costs. The order of the full court was set aside and replaced with an order declaring that the appellant had the necessary locus standi, dismissing the point in limine, and referring the application back to the High Court for determination on the merits.

The case is significant for clarifying and reaffirming a broad, constitutionally informed approach to locus standi in South African law. It confirms that associations may rely on section 38(e) of the Constitution to litigate in the interests of their members where constitutional rights are implicated, and cautions against an overly restrictive application of common-law standing requirements in constitutional and administrative review proceedings.