Public Carrier

323/J39

PUBLIC CARRIERS ASSOCIATION & OTHERS

versus

TOLL ROAD CONCESSIONARIES (PROPRIETARY) LIMITED

& OTHERS

NICHOLAS

A J A

323/89

WHN

IN THE SUPREME COURT OF SOUTH AFRICA

(APPELLATE DIVISION)

In the matter between:

PUBLIC CARRIERS ASSOCIATION

HULTRANS (PROPRIETARY) LIMITED

CARGO CARRIERS LIMITED

TANKER SERVICES (PROPRIETARY)

LIMITED

First Appellant

Second Appellant

Third Appellant

Fourth Appellant

MAINLINE CARRIERS (PROPRIETARY)

LIMITED

Fifth Appellant

and

TOLL ROAD CONCESSIONARIES

(PROPRIETARY) LIMITED

THE GOVERNMENT OF THE REPUBLIC

OF SOUTH AFRICA

First Respondent

Second Respondent

THE NATIONAL TRANSPORT COMMISSION

MINISTER OF TRANSPORT

Third Respondent

Fourth Respondent

CORAM:

JOUBERT, SMALBERGER, STEYN,

F H GROSSKOPF, JJA, et NICHOLAS, AJA

HEARD:

2 NOVEMBER 1989

DELIVERED:

30 November 1989

J U D G M E N T

NICHOLAS

A J A

/2

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I have had the privilege of reading the

judgment prepared by SMALBERGER J A.

agreement with his reasons for judgment,

Generally I am in

but I disagree in

regard to the third question and would in consequence make

an order on the appeal which differs from that proposed by

him.

In terms of s 9(1) of the National Roads

Act, 54 of 1971 ("the Act"),

"9(1)

The (National Transport Commission) may

(a) subject to subsection (3), declare

any bridge or tunnel on, or any portion

of, a national road, as a toll road;

(b) in respect of the use of any vehicle

on a toll road, levy a toll the amount

of which has been determined and

made known in terms of subsection

(4) and which shall be payable by

the person so using the vehicle;

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(c) collect moneys payable as toll on

a toll road, and for that purpose

erect a toll gate or toll gates and

facilities in connection therewith

on the toll road;

(d) grant exemption from the payment

of toll on a particular toll road-

(i)

in respect of a vehicle of a

category determined by the...