A conflict over a taxi owner’s right to load passengers at a Free State taxi rank was settled by the Supreme Court of Appeal.
The dispute set Retshedisitsoe Isaac Mafisa against the Greater Bloemfontein Taxi Association and its chairperson, Shadrack Maphisa.
The association was refusing to let Mafisa load passengers from the Majakathata taxi rank in Bloemfontein.
Mafisa, a taxi operator, purchased an operating permit from Nontsokolo Mei to load passengers at the Majakathata rank.
Permit’s legality challenged
However, when Mafisa wanted to reap the rewards of the permit by operating from the taxi rank, the association challenged the permit’s legality. It cited a law that prohibits transferring permits without proper authorisation.
They also accused Mafisa of violating rank rules by jumping the queue of permit holders, disrupting the established loading order based on membership numbers.
Mafisa countered that his permit, issued by the Free State Licensing Board on October 19, 2022, was valid. He claimed the association blocked him from loading passengers the following day. This prompted him to seek an urgent court order to secure his access to the rank.
The high court initially sided with Mafisa, granting the order.
The Supreme Court of Appeal, led by Justices Pieter Andries Meyer, Elias Matojane, and Sharise Erica Weiner, partially upheld the association’s appeal. Justice Weiner said the permit appears legally issued and remains valid unless formally challenged. But the queue-jumping dispute needs further clarity.
The court ruled that Mafisa may load passengers. But he must temporarily operate under Mei’s membership number. This will be until the association or a court finalises the permit’s status.
“This ensures fairness to both the operator and the association’s rules,” Weiner emphasised.
Temporary resolution
The ruling requires Mafisa to follow the association’s queue protocols. And it gives the association 60 days to contest the permit’s legality.
“This decision provides a temporary resolution, allowing Mafisa to work while upholding the rank’s operational structure.”
According to the ruling, both parties will cover their own legal costs, reflecting the case’s complexity.
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