Thusaneng Taxi Association and Others v MEC Police Roads & Transport and Another (4794/2009) [2011] ZAFSHC 69

29th April 2011

[1] The first, second and third applicants apply in terms of section 6 of the Promotion of Administrative Justice Act, 3 of 2000, (“PAJA”) for the judicial review and setting aside of a decision of the second respondent refusing to register first applicant as a taxi association. Second and third applicants are members of first applicant. In their founding papers the applicants rely on Section 6(2)(d) and (e)(iii) as the jurisdictional basis for these proceedings.

[2] The subsection reads as follows:

"(2) A court or tribunal has the power to judicially review an administrative action if-

(d) the action was materially influenced by an error of law;

(e) the action was taken-

(iii) because irrelevant considerations were taken into account or relevant considerations were not considered;”

[3] The application for registration was lodged with the second respondent during 2008. On 5 January 2009 the second respondent, by letter, notified the applicants that their application had been unsuccessful. I quote the relevant letter, verbatim: