Automated Summary
Key Facts
The case involves an urgent interdict application by two taxi associations (FELLDTA and JALDTA) against Moses Mohlala Dithomo and unknown persons. The applicants allege that the respondent, a former chairperson of JALDTA, joined a rival association (SALLDTBO) and is coercing members to switch affiliations, replacing their stickers with those of the rival group. The respondent filed opposing papers late and attempted to mislead the court by altering served documents to obscure time frames. The court upheld the applicants' objection, rejected the late filing, and granted final interdicts against the respondent's activities. Costs de bonis propriis were awarded against the respondent's attorney for dishonest conduct.
Issues
- The court had to determine whether the application served on the respondent contained the time frames fixed by the applicant for filing opposing papers. The respondent claimed the time frames were missing, but the deputy sheriff testified that the served documents included the time frames as per the original application.
- The court found the respondent's legal representative acted dishonestly by rearranging documents to mislead, leading to a costs de bonis propriis award against the respondent's attorney.
- The court considered whether the respondent needed to apply for condonation after filing opposing papers out of time, as the respondent failed to do so and instead attempted to mislead the court.
Holdings
- The respondent is interdicted from issuing unlawful instructions to members of the applicants to join SALLDTBO or any other rival association.
- Non-compliance with rules relating to service and time periods is condoned, and this matter is heard as urgent in terms of rule 6(12).
- The applicants' objection is upheld, and the respondent's notice to oppose and answering affidavit is rejected as no condonation application for their late filing was made.
- Costs de bonis propriis are awarded against the respondent's attorney on scale C due to dishonest conduct in misleading the court.
- The respondent is interdicted from forcing members of the applicants to join SA Local and Long Distance Taxi and Bus Organisation (SALLDTBO) or any rival taxi association.
- The respondent is interdicted and restrained from intimidating, threatening, or threatening to harm members of the applicants, their employees, and ordered to desist from unlawfully interfering with the applicants' business operations.
- The South African Police Services and other law enforcement agencies are requested to assist in ensuring compliance with the court order in the event of non-compliance by the respondent.
- The applicants' non-compliance with the court's practice directive regarding the set down of urgent applications is condoned.
- The respondent is interdicted and restrained from preventing and/or obstructing the members of the applicants and their drivers from engaging in their normal business of transporting passengers along their designated route.
- The respondent is interdicted from operating his mini-bus taxi along Jane Furse-Johannesburg route and/or any route without a valid operating permit.
Remedies
- The respondent is interdicted from forcing members of the applicants to join SA Local and Long Distance and Bus Organisation (SALLDTBO) or any rival taxi association.
- The respondent is interdicted from issuing unlawful instructions to members of the applicants to join SA Local and Long Distance Taxi and Bus Organisation (SALLDTBO) and or any other rival association of the applicants.
- Costs de bonis propriis is awarded against the respondent's attorney on scale C.
- The South African Police Services and other relevant law enforcement agencies are requested to assist in ensuring compliance with the terms of this court order in the event of non-compliance by the respondent with the contents thereof.
- The respondent is interdicted from operating his mini-bus taxi along Jane Furse-Johannesburg route and/or any route without a valid operating permit.
- The respondent is interdicted and restrained individually and/or together with any individual/s or organisation/s or person/s from intimidating, threatening or threatening to harm members of the applicants, their employees and are further ordered to desist from unlawfully interfering with the applicants' business operations in any way.
- The respondent is interdicted and restrained from preventing and/or obstructing the members of the applicants and their drivers from engaging in their normal business of transporting passengers along their designated route.
Legal Principles
The court applied costs principles to sanction the respondent's attorney for dishonest conduct, including misleading the court by altering served documents and failing to file opposing papers on time. Costs de bonis propriis were awarded against the respondent's attorney on scale C due to deliberate attempts to mislead the court.
Precedent Name
Law Society, Transvaal v Mathews
Cited Statute
Uniform Rules of Court
Judge Name
KGANYAGO J
Passage Text
- Taking into consideration the evidence tendered in this matter, and arguments presented, the applicants' objection stand be upheld. Since the respondent were aware that they were supposed to make a condonation application, but deliberately tried to mislead the court, the court find no justifiable reasons why the proceedings should be stayed to enable the respondent to file a substantive condonation application, or to permit them to present their application for condonation from the bar. The matter will be finalised on unopposed basis.
- Counsel for applicants has applied for a costs de bonis propriis due to the conduct displayed by the respondent's attorneys. Costs of this nature are rarely granted. This court had found that the respondent's attorneys had acted without integrity, as they have rearranged the application served on the respondent with the sole purpose of trying to mislead this court into believing that the respondent's copy did not contain time frames within which to file opposing papers.
- 25.4 The respondent is interdicted from operating his mini-bus taxi along Jane Furse-Johannesburg route and/or any route without a valid operating permit.