Case

PUBLIC CARRIERS ASSOCIATION AND OTHERS v TOLL ROAD CONCESSIONARIES (PTY) LTD AND OTHERS 1990 (1) SA 925 (A) A

1990 (1) SA p925

Citation 1990 (1) SA 925 (A)

Court Appellate Division

Judge Joubert JA, SMALBERGER JA, M T STEYN JA, F H GROSSKOPF JA and NICHOLAS AJA

Heard November 2, 1989

Judgment November 30, 1989

Annotations Link to Case Annotations

B

[zFNz]Flynote : Sleutelwoorde

Statute - Interpretation of - 'Purposive construction' of statutes - C Where provision in statute ambiguous and no assistance can be obtained from other recognised aids to interpretation, it is appropriate to have regard to the purpose of the provision in order to determine the Legislature's intention - Such purpose can provide a reliable pointer to Legislature's intention - Purposive construction of statutory D provisions does not challenge the literal interpretation principle as it applies only in cases of ambiguity.

Road - Toll road - Declaration of portion of national road as toll road - Section 9(3) of National Roads Act 54 of 1971 imposes precondition that 'alternative road' should exist which serves same destinations as toll road - Such alternative road not required to be E entirely separate and distinct from declared toll road - Means an alternative route which may be travelled without the need to pay toll to reach the same destination as the toll road even though it traverses sections of the toll road.

F Road - Toll road - Operation of toll road and collection of tolls by concessionary in terms of agreement with National Transport Commission - Validity of - Agreement providing for concessionary to carry out certain rehabilitation and construction work on the toll road in return for compensation in an amount equivalent to the gross proceeds of tolls G collected - Subsequent agreement entered into authorising concessionary to collect tolls at toll gates and to operate the toll road - Provisions of such agreements falling squarely within the ambit of the...