A company that operated a filling station in Johannesburg under the BP brand has been ordered to leave by the Johannesburg High Court.
This comes after claims that Boy 50, a business, sold petrol laced with paraffin at Booysens’ Erven 49 and 50 Theta Extension 3.
This business practice put drivers who filled up their cars at the petrol station in danger.
A test of the fuel (non-BP) sold at the filling station indicated that the fuel had been mixed with paraffin, as per the court order.
In addition, the fuel’s extremely low ignition temperature made it dangerous for drivers.
Fuel not sourced from BP
“The petrol station, or any of the cars that fill up at it, are at real and continuing risk of exploding if the hazardous fuel ignites at the wrong time,” said Judge Stuart David James Wilson.
“They were selling fuel not sourced from BP while still using BP’s branding.”
The judge further said Boy 50 had rented property from Aquarella while it was running under the BP brand.
However, the lease had been cancelled because certain amounts owed under it had not been paid.
Wilson claimed that regardless of whether there is irreversible harm or not, the burden of proof has been satisfied.
“For BP and Aquarella to demonstrate irreversible injury, no one needs to wait for there to be fatalities, serious injuries, or substantial property destruction.
“Allowing dangerous fuel to be sold under their name or on their property that could cause death or severe damage is harmful enough,” said Wilson.
Wilson said in his order that BP was allowed access to the location and the removal of any signage or other materials that suggested the petrol station was operated by BP.
Leave to appeal dismissed
Boy 50 filed a request for leave to appeal through its lawyers, but the request was denied with costs.
“In this case, there are clearly two exceptional circumstances. The first is that Boy 50’s prospects on appeal are very weak.
“The second is the ongoing risk of death or serious injury arising from the undisputed fact that Boy 50 is selling hazardous fuel.”
He continued: “If my order is suspended pending appeal, BP and Aquarella will have to tolerate the sale of hazardous fuel in their name or on their premises until the appeal is heard.”
“Irrespective of any applications for leave to appeal or pending appeals against the order to the Supreme Court of Appeal or to the Constitutional Court, the order is not suspended and will continue to be operational and executed in full.
“The respondent is to pay the costs of the interim execution application.”
