MINISTER CARLISLE INSTRUCTS LEGAL TEAM TO APPLY FOR LEAVE TO APPEAL CAPE HIGH COURT'S TJ VEHICLE TESTING STATION JUDGEMENT
Robin Carlisle, the Minister for Transport and Public Works in the Western Cape has instructed his legal team to apply for leave to appeal the Cape High Court Judge Anton Veldhuizen's overturning of the suspension of TJ Motor Vehicle Testing Station by the MEC.
Carlisle suspended the station in terms of the National Road Traffic Act Regulation 136 (3) after two affidavits alleging criminal activity at the station were handed to him.
The Court ruled that in terms of Section 3 of the Promotion of Administrative Justice Act, the MEC should have given TJ Vehicle Testing Station adequate notice of his intention to suspend its registration.
Furthermore, the Court ruled that the MEC should have provided TJ VTS with the reasons for the suspension along with that notice, and afforded TJ VTS sufficient time to prepare representations.
Speaking on behalf of Minister Carlisle, Hector Eliott, the Head of Ministry, expressed disappointment at the ruling.
‘With great respect to the Court's decision, the National Road Traffic Act gives the MEC for Transport the power to suspend a station immediately should he or she come into possession of affidavits alleging criminal activity. This power to do so immediately is there for two very good reasons.
‘Firstly, the MEC has a duty, shared with all organs of state, to protect human lives, and road safety is the primary purpose of roadworthy certification.
‘Secondly, providing advance warning of the intent to close, and the reasons therefore, quite obviously will minimize the chances of a successful investigation should the affidavits alleging criminal activity be correct.
‘The repercussions for road safety of the judgement are obviously severe, and it seems certain that those vehicle testing stations which operate outside the law will welcome it. Those stations will be aware that if their criminal activities are brought to light, they will be notified to this effect well in advance, and have sufficient time to make all possible preparations to prevent a thorough investigation.
‘Naturally, we have to apply for leave to appeal against this judgement, and the Minister has instructed our legal services to do so as urgently as possible. The Promotion of Administrative Justice Act makes provision for the kind of administrative action described in the National Road Traffic Act.'
Addendum:
National Road Traffic Act, 1996, National Road Traffic Regulations 1999, Chapter VI: Fitness of Vehicles, Part 1: Testing stations, roadworthy certificates and certification of roadworthiness. 136. Manner of suspension of cancellation or registration of a testing station.
3) If the MEC has an affidavit or an affirmation on any alleged criminal offence committed by any testing station proprietor or an employee, agent or manager of such testing station, he or she may immediately suspend the registration of such testing station and seize any records and unused documents of such testing station.
Statement issued by Steven Otter, Western Cape ministry of transport and public works, October 12 2011
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