ConCourt to hear suspended order appeal

2015-02-16 21:11
(File: Sapa)

(File: Sapa)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Johannesburg -The Constitutional Court will hear an application on Tuesday for leave to appeal in a case over a suspended order of constitutional invalidity in transport regulations.

The case relates to when an order of invalidity takes effect, if a court order is suspended for a time but expires without remedial legislation being enacted.

It stems from the transport minister's publication on 31 March 2011 of regulations, in terms of the Cross Border Road Transport Act, which substantially increased cross-border road transport permit fees.

Central African Road Services (CARS) challenged the regulations, which substantially increased cross-border road transport permit fees, after they were published by the transport minister on 31 March 2011.

The North Gauteng High Court in Pretoria found that they were invalid because of insufficient public participation and because they had not been published in two official languages.

However, the court suspended the order of invalidity for six months to give the minister an opportunity to remedy the situation.

The suspension expired on 15 August 2013, without new regulations being published.

A dispute arose between CARS and the Cross-Border Road Transport Agency about whether the regulations were invalid from the date the suspension expired, or with full retrospective effect.

They went back to the high court, and another judge ruled that the regulations were invalid with full retrospective effect.

The Cross-Border Road Transport Agency has approached the Constitutional Court to declare that the order of invalidity took effect from 15 August 2013.

It contends that if a full retrospective order is granted, it will not be able to carry out its public interest mandate because of its worsening financial position.

CARS opposes the application, arguing that the ordinary rule means an order of invalidity has full retrospective effect although a court can order a departure from this.

It maintains that there was nothing in the high court's order, or any consideration of the administration of justice, to indicate that the order of invalidity came into operation with retrospective effect.

The Road Freight Association has been admitted as a friend of the court, and submits that Canadian case law supports the full retrospective effect.

Exceptions to this would apply only in cases where this would result in possible danger to the public, threaten the rule of law, or deprive deserving people of benefits. It submits that such exceptions do not apply in this case.

Read more on:    constitutional court  |  bloemfontein  |  transport

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.
NEXT ON NEWS24X

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
0 comments
Comments have been closed for this article.

Inside News24

 
ADVERTORIAL
Competition regulation for a growing and inclusive economy

ADVERTORIAL: The Competition Commission of South Africa is conducting advocacy work in the South African automotive aftermarket industry and has gazetted a Draft Code of Conduct for public comment.

/News
 

5 top leg exercises for men

Here’s our selection of the five best leg exercises that you can do in the comfort of your own home.

 
 

You won't want to miss...

WATCH: Pornhub is giving users free access to premium content this holidays
5 top leg exercises for men
10 best dressed men of 2017
How to open a beer bottle without an opener
Traffic Alerts
There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.




Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.