SchoemanLaw Inc. March 2023 Newsletter

Great News Around The Applications Of E-Hailing And Metered Operating Licences In Cape Town

The Western Cape High Court Rules on 28 February 2023 that the City of Cape Town’s moratorium relating to the applications of metered operating licences is unlawful and unconstitutional

During February 2021, the Provincial Regulatory Entity (“PRE”) issued a statement announcing that the City of Cape Town (the “City”) had imposed a moratorium on new applications for metered operating licences (which includes rank, base and e-hailing services) until 31 December 2023.

The decision was made during 2020 already following consultation with administrative and political principals, and according to the City, was deemed necessary for several reasons.

However, Andiamo Car Service (Pty) Ltd (“Andiamo”), an applicant for metered taxi service operating licences, with the assistance of its legal team consisting of Cape Town based SchoemanLaw Inc, Adv Mushahida Adhikari and Adv Sheldon Magardie filed an application in the Western Cape High Court under case number: 11044/2022 during June 2022. ?It did so in both its own interest and the public interest, contending that the City had exceeded its powers and acted unlawfully and unconstitutionally when it imposed the moratorium in 2021. The City did not file its answering affidavit, but contended that the relief sought was moot as it had lifted the moratorium a few weeks before the matter was heard.

Andiamo sought a declaratory order that the decision of the City to impose the moratorium was inconsistent with the NLTA and invalid, and the review and setting aside of the City's decision to impose the moratorium and the PRE’s decision to adhere to it. Andiamo also sought a direction for the City and PRE to immediately consider, process, and determine new applications for metered taxi operating licences submitted by e-hailing operators.

Judge L Nuku ruled in favour of Andiamo on 28 February 2023 and declared the moratorium imposed by the City on new applications for metered operating licences unlawful and unconstitutional.

The court found that the City had exceeded its powers and acted unlawfully and unconstitutionally when it imposed the moratorium. The City also did not satisfy the jurisdictional requirements of either section 18(1) or section 39 of the NLTA when it imposed the moratorium. Moreover, the Court held that it has a mandatory duty under section 172(1)(a) of the Constitution to declare unlawful conduct to be unlawful and unconstitutional and thus even with the City’s contention the matter was not moot.

The moratorium imposed by the City has therefore been declared illegal and invalid and the Court has ordered that the PRE must immediately consider, process, and determine new applications for metered taxi operating licences submitted by e-hailing operators.

The importance of social media policies in your business.

In today's digital-first world, it has become increasingly important to establish a social media policy to protect your company's reputation and ensure accountability.

In this video, Kavita Kooverjee will be talking about the importance of social media policies in your business. So why does your company need a social media policy? Seems a bit tedious but it is so vital in today’s digital age. Not having one can bring an array of issues so rather be risk-free for the following reasons.

Stretching the limits of keeping our Agreements?

By Nicolene Schoeman – Louw

Pacta sunt servanda, Latin for "agreements must be kept", is a brocard and a fundamental principle of law.

It is the cornerstone of my point that we really cannot “hope for the best” when signing contracts nor avoid having to properly consider what we agree to and put to paper.

Read the full article here:?https://schoemanlaw.co.za/stretching-the-limits-of.../

Click here to arrange a consultation with Nicolene

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Make sure to view and register for one of our up-and-coming online training events here.

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