Question NW2133 to the Minister of Transport
17 August 2018 - NW2133
De Freitas, Mr MS to ask the Minister of Transport
(1)With reference to (a) his department and (b) all the entities reporting to him, (i) what number of legal matters have been dealt with in each of the past three financial years and (ii) what are the details of the specified matters in each case; (2) With regard to the matters that were initiated by his department and/or entities reporting to him and another party, on what date was each matter launched and concluded in each instance; (3) (a) What number of matters are still outstanding, (b) what are the relevant details of the matters and (c) why are they still outstanding in each case; (4) What amount has been (a) budgeted in respect of each financial year and (b) spent on each matter in each financial year?
Reply:
REPLY : 1 (a) (i)
2015/2016 (11 matters)
2016/2017 (19 matters)
2017/2018 (12 matters)
1(a)(ii) Details of the specified matters in each case
|
MATTERS |
DETAILS |
15/16 |
16/17 |
17/18 |
|
DOT/Bowman/Ngidi and Morar |
Proceedings to recover amounts paid to consultants without following procurement procedures |
x |
x |
x |
|
Tasima/ DOT, RTMC |
Application by Tasima to enforce court orders, DOT and RTMC brought counter application to declare 2010 contract extension unlawful |
x |
x |
x |
|
Prodiba/DOT |
Counter application by DOT to declare the 2010 contract extension unlawful |
x |
x |
|
|
Central African Road Services / Minister of Transport and CBRTA |
Review application to set aside the promulgations of the 2014 permit tariffs |
x |
x |
|
|
Road Freight Association / Minister of Transport and CBRTA |
Review application to set aside the promulgations of the 2014 permit tariffs |
x |
x |
|
|
Marine Enquiry Kingfisher |
Marine court of enquiry on the sinking of the Kingfisher boat in Port Elizabeth leading to loss of lives |
x |
x |
|
|
DOT/Hlabisa |
Charges related to over payment made on provincial road maintenance grant. A final written warning was given. |
x |
x |
|
|
DOT/Vilana |
Charges related to breach of supply chain processes, misuse of authority, and his decision on the appointment of the service provider related to the investor conference. He opted to resign. |
x |
x |
|
|
DOT/Thwala |
Disciplinary proceedings on the unlawful extension of the eNatis contract. Found guilty and has brought a review application to the labour court |
x |
x |
x |
|
MEC for Transport KZN/ Transport Appeal Tribunal |
Challenge of the decisions of the Transport Appeal Tribunal to set aside the decisions of the Provincial Regulatory Entity |
x |
x |
|
|
JV Ndorum/ Minister of Transport, Finance, Defence, Transport Eastern Cape |
Summons by JV Ndorum for payment of extra works conducted at the Mthatha Airport |
x |
x |
x |
|
City of Cape Town / SANRAL & Minister of Transport |
Review application by the City of Cape Town on the approval of tolling of the N1/2 Winelands toll routes |
x |
x |
|
|
Levers Mabaso/DOT |
Application to set aside the process followed in appointing the Chief Director : Legal Services |
x |
x |
x |
|
Marine Enquiry Witbank |
Marine Court of enquiry on the sinking of a boat at the Witbank Dam that led to loss of lives |
x |
x |
|
|
Popo Molefe / PRASA & Minister of Transport |
Application to set aside the decision of the Minister to dismiss the Board of PRASA |
x |
x |
|
|
Jinja Outdoor Advertising / SANRAL & DOT |
Application to set aside the decision of SANRAL to remove a bill board over the N1 highway |
x |
x |
|
|
#Unite Behind and Equal Education / Minister of Transport and PRASA |
Application to set aside the decision of the Minister to appoint an interim Board of PRASA |
x |
x |
|
|
Selepe / DOT
|
Application to set aside the decision of the Minister not to confirm the probation period of Mr Selepe |
x |
x |
|
|
African Harvest/ Regulating Committee |
Application to challenge the fixing of tariff permits |
x |
||
|
African Harvest / Minister of Transport and ACSA |
Application to compel the Minister of Transport and ACSA to purchase the shares of the Minority shareholders in ACSA |
2. The matter of DOT against Bowman, Ngidi and Morar inc was instituted on 15 March 2016 and it has not been concluded as yet, as the court process is still underway.
3. (a) Six (6) matters are still outstanding
|
Matter |
(b) Details |
(c) Status |
|
DOT/Bowman, Ngidi and Morar |
Proceedings to recover amounts paid to consultants without following procurement procedures |
The matter is still progressing |
|
DOT/Thwala |
Disciplinary proceedings on the unlawful extension of the eNatis contract. Found guilty and has brought a review application to the labour court |
Awaiting hearing date |
|
Selepe/DOT |
Application to set aside the decision of the Minister not to confirm the probation period of Mr Selepe |
Preparation of answering affidavits |
|
African Harvest/Minister of Transport and ACSA |
Application to compel the Minister of Transport and ACSA to purchase the shares of the Minority shareholders in ACSA |
The matter is still progressing |
|
#Unite Behind and Equal Education/Minister of Transport and PRASA |
Application to set aside the decision of the Minister to appoint an interim Board of PRASA |
The matter is still progressing |
|
JV Ndorum |
Summons by JV Ndorum for payment of extra works conducted at the Mthatha Airport |
The matter is still progressing |
4. (a) The following amounts were budgeted for each financial year
2015/2016 (R9 364,000.00)
2016/2017 (R9 500,000.00)
2017/2018 (R8 986,000.00)
(b) Total spent on each matter
|
Matter |
2015/2016 |
2016/2017 |
2017/2018 |
|
DOT/ Bowman, Ngidi and Morar |
R82, 560.00 |
R81, 795.00 |
|
|
Tasima/ DOT, RTMC |
R6, 694, 560.56 |
R8, 510, 948.47 |
R922, 637.46 |
|
Prodiba/DOT |
R102, 600.00 |
R37, 620.00 |
|
|
Marine Enquiry Kingfisher |
R2, 293, 858.79 |
R82 000.00 |
|
|
DOT/Hlabisa |
R141, 900.00 |
R137, 500.00 |
|
|
DOT/Vilana |
R297, 225.00 |
R337, 325.25 |
|
|
DOT/Thwala |
R755, 410.10 |
R1, 743, 883.60 |
R348, 700.00 |
|
MEC for Transport KZN/ Transport Appeal Tribunal |
R232, 862.83 |
R673, 356. 26 |
|
|
JV Ndorum/ DOT, Finance, Defence, Transport Eastern Cape |
R139, 878.00 |
R137, 500.00 |
R107, 217.00 |
|
City of Cape Town / SANRAL & DOT |
R837, 501.00 |
R517, 389.00 |
|
|
Levers Mabaso/DOT |
R56, 943.00 |
R96, 444.00 |
|
|
Marine Enquiry Witbank |
R3, 640, 159.14 |
||
|
African Harvest / Minister of Transport and ACSA |
R445, 657.00 |
R2, 427, 744.00 |
|
|
Popo Molefe / PRASA & Minister of Transport |
R98 000.00 |
R588, 282.00 |
|
|
Jinja Outdoor Advertising / SANRAL & DOT |
R86 782.50 |
||
|
#Unite Behind & Equal Education / Minister of Transport & PRASA |
|||
|
Selepe / DOT |
R157, 263.00)
|
R273, 703.00 |
|
|
African Harvest/ Regulating Committee |
R485, 469.00 |
||
|
Central African Road Services / Minister of Transport and CBRTA |
R235, 367.00 |
R349, 483.79) |
|
|
Road Freight Association / Minister of Transport and CBRTA |
R124, 254.00 |
R87, 425.98) |
Airports Company South Africa SOC Limited (ACSA)
(1) (a) Not Applicable to ACSA
(b)(i) In the past three financial years ACSA has dealt with 36 (Thirty Six) litigation matters.
(ii) Please see attached spreadsheet.
Please note that the current members of the legal team have only been with ACSA for a period of 1 year 3 months at most. This report is therefore limited to the matters which they have dealt with and those where information has been readily available. There could therefore be litigation matters which are not included herein due to the fact that there is no information that is available on these matters.
(2) Please see annexed spreadsheet.
(3) Please see annexed spreadsheet.
(4) (a) The amounts budgeted in respect of each financial year are as follows: -
2015/ 2016- R9 000,000
2016/2017- R11 000,000
2017/2018- R21 000,000
(b) The amounts spent on legal expenses for the past three financial years are as follows:
2015/2016- R 22 147 833
2016/ 2017- R 30 106 855
2017/ 2018 - R 46 646 308
The legal expenses for the financial year 2017/ 2018 also include the expenses on the debt collection matters which the legal department has taken over from FinOps.
Air Traffic and Navigation Services SOC Limited (ATNS)
- (i) Seven.
(ii) (a) ATNS / Ndlovu : Urgent Application for dismissal /Interdict of Internal Disciplinary Process.
- ATNS / Ndlovu : Review Application to interdict the disciplinary hearing and appointment of the Chairperson of the Hearing,
- ATNS/Motsogi : Review Application of the CCMA Arbitration ruling in relation to ATA theft of assessment papers,
- ATNS/Ndlovu : to review the decision of the board to remove Mr. Ndlovu as the Board Director of ATNS,
- ATNS/T Mofuledu : Fraud.
- ATNS/ S Khan Recovery/ Breach of training Contract.
(2) (a) ATNS / Ndlovu : Urgent Application for dismissal /Interdict of Internal Disciplinary Process : 2018.
- ATNS / Ndlovu : Review Application to interdict the disciplinary hearing and appointment of the Chairperson of the Hearing : 2018.
- ATNS/Motsogi : Review Application of the CCMA Arbitration ruling in relation to ATA theft of assessment papers : 2018.
- ATNS/Ndlovu : to review the decision of the board to remove Mr. Ndlovu as the Board Director of ATNS : 2018.
- ATNS/T Mofuledu : Fraud : 2015.
- ATNS/ S Khan Recovery/ Breach of training Contract : 2015.
(3) (a) Seven
(b) (c) - ATNS / Ndlovu: Urgent Application for dismissal /Interdict of Internal Disciplinary Process: 2018 : The Parties are currently exchanging pleadings. Once this is finalised, the matter may be set down for hearing. The matter was postponed on 26 April 2018 to provide the Applicant (Mr. Ndlovu) to file his responding Affidavit. He argued that he was unable to respond to the Affidavit. The disciplinary hearing has been finalised which led to the employee being dismissed and the termination letter was handed to him on 25 May 2018.
- ATNS / Ndlovu : Review Application to interdict the disciplinary hearing and appointment of the Chairperson of the Hearing : 2018 : The Parties are currently exchanging pleadings. Once this is finalised, the matter may be set down for hearing.Notice of Intention to Oppose has been filed.
- ATNS/Motsogi : Review Application of the CCMA Arbitration ruling in relation to ATA theft of assessment papers : 2018 : The Parties are currently exchanging pleadings. Once this is finalised, the matter may be set down for hearing. Notice of intention to oppose has been filed.
- ATNS/Ndlovu : to review the decision of the board to remove Mr. Ndlovu as the Board Director of ATNS : 2018 : The Parties are currently exchanging pleadings. Once this is finalised, the matter may be set down for hearing.
- ATNS/T Mofuledu : Fraud : 2015 : There is a criminal and civil charge against the defendant. On 10 March 2017 the defendant cannot be found at the last known address as a result he cannot be served. The defendant will only be served upon his arrest.
- ATNS/ S Khan Recovery/ Breach of training Contract : 2015 : Matters has been settled in Court in the amount of R85000.00.
(4)(a) Financial Year Actual Budget
2017/18 3 247 189 5 000 000
2016/17 3 932 315 8 637 289
2015/16 7 979 519 6 950 000
(b) ATNS / Ndlovu: R312 115.20.
ATNS/ NDLOVU: R154 477.97.
ATNS / MOTSOGI: Not Yet Invoiced.
ATNS/ MOFULEDU: R27300.00 and R44 118.00.
ATNS/ S KHAN: R103 466.80.
South African Civil Aviation Authority (SACAA)
(1) (a) is not applicable. For questions (1) (b), (i) and (ii); (2); (3) (a), (b) and (c); (4) (a) and (b) please refer to ANNEXURE A: SACAA Response to National Assembly Question Number: 2133 by Mr M SF de Freitas (DA) on Legal Matters Instituted Against and by the SACAA.
Railway Safety Regulator (RSR)
- (i) Five legal matters have been dealt with by the RSR.
(ii) The details of the matters are as follow:
BMW vs RSR, 2015
The matter was a review application against the decision of the Board and RSR on the reduction of the permit validity period of the operators and lack of consultations with operators. The RSR defended the matter at the High Court and it was concluded in April 2017, with the order in favour of the RSR.
Sefora Kutumela vs RSR and Others, 2015
Review application by the applicant against an award of the CCMA confirming dismissal of the applicant by the RSR. Matter was lodged at the Labour Court. The matter appears to have been abandoned by the employee as it was never set down for review after the last court sitting in November 2015.
Gumede and others vs RSR, 2015
Litigation was initiated by the plaintiffs in a claim against the RSR for failure to vacate the premises rented in Bruma on time and effecting necessary reperations. The matter was settled out of court in April 2016.
Intengu Communications vs RSR, 2016
The complainant filed an arbitration complaint against the RSR claiming an amount of R505,030-27 for services rendered for the Women in Rail Conference which Intengu alleges they have performed. The RSR defended the matter at the arbitration proceedings and the complainant subsequently withdrew the dispute and the matter was settled between the parties in April 2018.
Transnet SOC Ltd vs RSR, 2016
Transnet lodged an urgent application against RSR following an unsuccessful permit application. The matter proceeded in court and the application by Transnet was dismissed.
- The RSR has not launched any legal matters against any party.
- All matters have been concluded. There is currently no active litigation against the RSR.
- The amount budgeted and spent for each financial year is as follow:
|
|
|
|
2015/2016 |
R3,000,000-00 |
R699,767-50 |
|
2016/2017 |
R2,000,000-00 |
R1,105,089-00 |
|
2017/2018 |
R1,000,000-00 |
R717,143-00 |
Passenger Rail Agency of South Africa (PRASA)
- (i) The number of legal matters that have been dealt with in each of the financial years are:
- 2015/16 – 25 matters
- 2016/17 – 40 matters
- 2017/18 – 52 matters
(ii) The matters listed below are matters in respect of which the counter party mentioned has ommenced legal proceedings either in court or through alternative dispute resolution, for example, arbitration proceedings. Note that this list exludes items where PRASA initiated legal matters.
|
Year |
||||
|
(ii) Details of matters |
15/16 |
16/17 |
17/18 |
|
|
Prodigy Business Services |
Claiming for alleged failure to pay for services rendered. |
X |
X |
|
|
Bagale Consulting |
Claiming for alleged failure to pay for services rendered during 2010. |
X |
X |
X |
|
Labour disputes, |
Including mass dismissal dispute by National Transport Movement. |
X |
X |
X |
|
Rail & Road Assessing Services |
Application was launched for dismissal of action. |
X |
X |
X |
|
Lenkwane Cleaning Services |
For alleged breach of contract. |
X |
X |
X |
|
Proconse Consulting Engineers |
For alleged failure to pay for services rendered. |
X |
X |
X |
|
Various insurance claims |
For personal injuries |
X |
X |
X |
|
Bombardier Africa Alliance - |
Delay claims allegedly occasioned by a change request and a NUMSA strike. |
X |
X |
X |
|
Algee Medics and Fire |
For alleged failure to pay for services rendered. |
X |
X |
X |
|
Tiro Projects - |
Claim for alleged failure to pay for professional services rendered. |
X |
X |
X |
|
ME Mlungisi. |
Alleged unlawful arrest |
X |
X |
X |
|
National Force Security |
For alleged unlawful cancellation of security contract. |
X |
X |
X |
|
Transportation and Traffic Technology Africa |
For alleged failure to pay for professional services rendered. |
X |
X |
X |
|
Madisha & Associates - |
Claim for alleged breach of contract. |
X |
X |
X |
|
Baran Projects SA - |
Claim for alleged failure to pay for goods sold and delivered. |
X |
X |
X |
|
Koor Dindar Moti Quantity Services - |
Claim for alleged failure to pay for services rendered / work performed. |
X |
X |
X |
|
The New Age - |
Claim for alleged failure to pay for goods sold and delivered. |
X |
X |
X |
|
Sbahle Safety consultants |
For alleged failure to pay for services rendered. |
X |
X |
X |
|
Be My Guest Trading |
For alleged failure to pay for services rendered. |
X |
X |
X |
|
Rasakanya Builders CC - |
Claim for alleged failure to pay for cleaning services rendered. |
X |
X |
X |
|
Business Pledge - |
Claim for alleged failure to pay in terms of an agreement. |
X |
X |
X |
|
Phumelela Fleet Operations (Pty) Ltd - |
Claim for alleged failure to pay services rendered, viz Vehicle Management Tracking System. |
X |
X |
X |
|
Enterprise Technology Solutions (Pty) Ltd - |
Declaratory order setting aside cancellation of rental and loan of certain equipment agreement. |
X |
X |
X |
|
Siyaya Rail Solutions - |
Claim for alleged failure to pay for professional services rendered. |
X |
X |
X |
|
Daveglen 371 (Pty) Ltd t/a Security International - |
Claim in respect of Statutory increases determined by the Security Industry. |
X |
X |
|
|
Siyaya db Consulting Engineers - |
Claim for alleged failure to pay for services rendered. |
X |
X |
|
|
EE Meishwine vs Autopax, |
Claiming for loss of support. |
X |
X |
|
|
Madisha & Associates CC - |
Alleged early termination of contract. |
X |
X |
|
|
Raamba Engineering Enterprises CC and JRACCE (PTY) LTD - |
Subcontractor work |
X |
X |
|
|
DBI - |
Change in scope and budget. |
X |
X |
|
|
MMQS-MACE (PTY) LTD - |
Claim for work done |
X |
||
|
OTIS (PTY) LTD |
Variation on contract. |
X |
||
|
VISION AFRICA as part of MMQS-MACE (PTY) LTD - |
Alleged work done. |
X |
X |
|
|
Pro-Serve Consulting - |
Alleged work done. |
X |
X |
|
|
Kamo Architects - |
Alleged services rendered |
X |
||
|
Kamo Construction - |
Alleged services rendered |
X |
||
|
Siyangena |
interest. |
X |
X |
|
|
Lebepe Quantity Surveyors - |
Alleged services rendered |
X |
X |
|
|
Brouwers Property Development cc – |
Penalties |
X |
||
|
David Underwood/Sharpline Graphics - |
Claim for breach of contract |
X |
||
|
Mtiya Dynamics - |
Alleged services rendered |
X |
||
|
Tshepo Nkwana - |
Unlawful deduction from pension fund payout |
X |
||
|
DC Worst Composite (PTY) LTD vs Tecuvert & PRASA - |
Alleged services rendered |
X |
||
|
DC Worst Composite (PTY) LTD vs Baraka Eng & PRASA - |
Alleged services rendered |
X |
||
|
DC Worst Composite (PTY)LTD vs Ecoan Eng & PRASA - |
Alleged services rendered |
- |
X |
|
|
Sebenza Shipping and Forwarding - |
Alleged services rendered |
X |
||
|
Fabor Engineering Products (PTY) LTD - |
Alleged services rendered |
X |
||
|
Nkambule and Associates - |
Alleged services rendered |
X |
||
|
Superway Constructions vs PRASA - |
Alleged services rendered |
X |
||
|
Theeunissen J vs PRASA & others |
Claim for injuries/unlawful arrest |
X |
||
|
Phaahlana Mahlako Investments - |
Alleged services rendered |
X |
||
|
Boyisa Trading Enterprise - |
Alleged services rendered |
X |
- Matters initiated by PRASA
|
Matter |
Date launched |
Status |
|
Swifambo Rail Leasing |
June 2016 |
In progress |
|
Swifambo Rail Leasing – Appeal by Swifambo |
June 2017 |
In progress |
|
Siyangena Technologies |
December 2015 |
In progress |
|
Siyangena Technologies |
March 2018 |
In progress |
|
Compass Insurance |
July 2015 |
In progress |
|
Eastern Cape : Department of Health |
January 2011 |
In progress |
|
National Department of Public Works |
April 2011 |
In progress |
|
Arbour Town |
February 2011 |
In progress |
|
F Gastin |
September 2016 |
In progress |
|
J Phungula |
December 2015 |
In progress |
|
D Mthimkhulu |
November 2015 |
In progress |
|
M Mngomezulu |
December 2016 |
In progress |
|
Mazwe Financial Services |
April 2016 |
In progress |
|
Independent Development Corporation (IDC) |
November 2016 |
In progress |
- (a)There are twelve (12) matters outstanding where PRASA have initiated legal action:
|
Matter |
(b) Detail |
(c) Status |
|
Swifambo Rail Leasing |
In July 2017, the Local Division of the Gauteng High court ruled in favour of PRASA to set aside an agreement in the amount of R3.5 billion with Swifambo Rail Leasing for the sale and purchase locomotives dated 25 March 2013. PRASA had paid Swifambo an amount of R2.6 billion.
|
The matter has been taken on appeal. Awaiting date from Supreme Court of Appeal |
|
Siyangena Technologies |
Review of award of the tender and/or contract to supply and install ISAMS . |
In progress |
|
Compass Insurance |
Claims against an insurer of a contractor in respect of the non-performance of contractor that has since been liquidated. |
In progress |
|
Eastern Cape : Department of Health |
Claim for alleged failure to pay for Professional Services |
In progress |
|
National Department of Public Works |
Claim for alleged failure to pay for Professional Services |
In progress |
|
Arbour Town |
Claim for alleged failure to pay for Professional Services |
In progress |
|
F Gastin |
Claim for monies paid where no services were rendered and the contract was irregular |
Awaiting hearing date |
|
J Phungula |
Claim for payments made to an employee who was employed on the basis of misrepresentation |
Awaiting trial date |
|
D Mthimkhulu |
Claim for payments made to an employee who was employed on the basis of misrepresentation |
Awaiting trial date |
|
M Mngomezulu |
Claim for salaries paid when employee was absent without leave of absence.. |
Awaiting trial date |
|
Mazwe Financial Services |
Claim of monies erroneously paid in respect of unpaid loans advanced to employees |
Assessing detail of quantum of claim |
|
Independent Development Corporation (IDC) |
Refusal to pay gurantee to PRASA on a contractor that failed to remedy breach of provisions. |
Process to complete legal matters take time |
- The matters in legal do not have an allocated budget per individual case. Spending on each case also requires detailed analysis as legal representatives deal with more than one matter. PRASA also has a number of law firms that represent the entitiy.
|
Legal Fees PRASA |
2015/16 |
2016/17 |
2017/18 |
|
R36,099 million |
R35 million |
R36 million |
|
R69,643 million |
R49,424 million |
R60,874 million |
Ports Regulator of South Africa (PRSA)
- (b) The Ports Regulator did not have any legal matters that were dealt with except for those under the Tribunal function which is one of its programmes.
- N/A
- N/A
- N/A
South African Maritime Safety Authority (SAMSA)
In 2016/2017 SAMSA had a litigious matter -Patrick Eric Deale t/a Deale Attorneys v SAMSA Case No. 4290/2017- the claim was in respect unpaid legal fees. The matter was settled in the amount R35 677.44.
SAMSA currently has one pending litigious matter. S Gool v SAMSA sued out the Regional Court for Regional Division of Western Cape Case No.616/2018. The claim is for amounts allegedly owed to Mr Gool for work he did in respect of feasibility study. The amount being claimed R 280 000.00. The matter is outstanding.
(b) The Cross-Border Road Transport Agency (C-BRTA)
- 2015/16 - 7 Matters
(i) 2016/17 - 7 matters
(i) 2017/18 - 10 matters
|
(ii) details of the specified matters in each case |
||
|
Financial Year 2015/16 |
||
|
Commencement date |
Title of the Matter |
Fact of the Matter |
|
14 September 2014 (carried over from previous financial year) |
Road Freight Association //Minister of Transport and C-BRTA |
review application to review the legislative process followed with regard to promulgation of the 2014 Permit Tariffs |
|
16 April 2014 (carried over from previous financial year) |
Dermit O Brein // C-BRTA |
Court Applicant claim for unlawful arrest. |
|
10 September 2016 |
C-BRTA // Shavana Ni Vukosi Trading and Projects (PTY) LTD |
Recovery of monies from a service provider that failed to deliver all the stationary that was ordered by the Agency. |
|
10 June 2015 |
Florence Lebyane// C-BRTA |
Claim for defamation of character, the applicant claims she was wrongfully accused, for stealing the amount of R1000-00. |
|
25 June 2015 |
Manyatseng, Ficksburg, Borolelo-Trans Free State // C-BRTA |
Review and setting aside of Regulatory Committee decision to issue cross-border permits to operate from South Africa to the Kingdom of Lesotho be reviewed and set aside. |
|
16 January 2014 (carried over from previous financial year) |
Muranga and Others// C-BRTA |
Claim for breach of employment contract. |
|
06 July 2015 |
RSA-Lesotho Cross–Border Route Corridor Committee//Minister of Transport and other |
Declaring a directive invalid and setting it aside. |
|
(ii) details of the specified matters in each case |
||
|
Financial Year 2016/17 |
||
|
Commencement Date |
Title of the Matter |
Fact of the Matter |
|
1 September 2014 (carried over from previous financial year) |
Central African Road Services //Minister of Transport, C-BRTA |
Review application to review the legislative process followed with regard to promulgation of the 2014 Permit Tariffs. |
|
14 September 2014 (carried over from previous financial year) |
Road Freight Association //Minister of Transport and C-BRTA |
Review application to review the legislative process followed with regard to promulgation of the 2014 Permit Tariffs. |
|
16 April 2014 (carried over from previous financial year) |
Dermit O Brein // C-BRTA |
Court Applicant claim for unlawful arrest. |
|
10 September 2016 |
C-BRTA // Shavana Ni Vukosi Trading and Projects (PTY) LTD |
Recovery of monies from a service provider that failed to deliver all the stationary that was ordered by the Agency. |
|
10 June 2015 (carried over from previous financial year) |
Florence Lebyane// C-BRTA |
Claim for defamation of character, the applicant claims she was wrongfully accused, for stealing the amount of R1000-00. |
|
25 June 2015 (carried over from previous financial year) |
Manyatseng, Ficksburg, Borolelo-Trans Free State // C-BRTA |
Review and setting aside of Regulatory Committee decision to issue cross-border permits to operate from South Africa to the Kingdom of Lesotho be reviewed and set aside. |
|
16 January 2014 (carried over from previous financial year) |
Muranga and Others// C-BRTA |
Claim for breach of employment contract. |
|
(ii) details of the specified matters in each case |
||
|
Financial Year 2017/18 |
||
|
Commencement date |
Title of the Matter |
Fact of the Matter |
|
8 April 2017 |
Jj Trauernicht // Cross Border Road Transport Agency-BRTA, Amos Lelope |
The applicant in this matter was involved in an accident with an RTI officer. The applicant drove into the RTI office as he crossed the road. |
|
14 September 2014 (carried over from previous financial year) |
Central African Road Services //Minister of Transport, C-BRTA |
Review application to review the legislative process followed with regard to promulgation of the 2014 Permit Tariffs. |
|
16 April 2014 (carried over from previous financial year) |
Road Freight Association //Minister of Transport and C-BRTA |
Review application to review the legislative process followed with regard to promulgation of the 2014 Permit Tariffs. |
|
16 April 2014 (carried over from previous financial year) |
Dermit O Brein // C-BRTA |
Court Applicant claim for unlawful arrest. |
|
10 September 2016 (carried over from previous financial year) |
C-BRTA // Shavana Ni Vukosi Trading and Projects (PTY) LTD |
Recovery of monies from a service provider that failed to deliver all the stationary that was ordered by the Agency. |
|
10 June 2015 (carried over from previous financial year) |
Florence Lebyane// C-BRTA |
Claim for defamation of character, the applicant claims she was wrongfully accused, for stealing the amount of R1000-00. |
|
25 June 2015 (carried over from previous financial year) |
Manyatseng, Ficksburg, Borolelo-Trans Free State // C-BRTA |
Review and setting aside of Regulatory Committee decision to issue cross-border permits to operate from South Africa to the Kingdom of Lesotho be reviewed and set aside. |
|
16 January 2014 (carried over from previous financial year) |
Muranga and Others// C-BRTA |
Claim for breach of employment contract. |
|
5 April 2017 |
Reggie Williams and Other// C-BRTA |
Illegality regarding the migration of the road transport inspectorate to RTMC. |
|
6 November 2017 |
C-BRTA// National Cross Border Taxi Association and others |
Urgent interdict to remove the protesting taxi association from at the Agencies premises and to prevent them from continuing or returning at a later date. |
- The details of the matters initiated by the C-BRTA are in the table below :
|
Title of Matter |
Launch Date |
Date Concluded |
|
C-BRTA//Shavana Ni Vukosi |
10 September 2015 |
Pending |
|
C-BRTA// National Cross Border Taxi Association and others |
6 November 2017 |
6 November 2017 |
- (a) Seven (7) matters are outstanding.
|
(b) Title of the Matter |
Fact of the Matter |
(c) Reason outstanding |
|
Jj Trauernicht // Cross Border Road Transport Agency-BRTA, Amos Lelope |
The applicant in this matter was involved in an accident with an RTI officer. The applicant drove into the RTI office as he crossed the road. |
Pending, dependent on court processes |
|
Central African Road Services //Minister of Transport, C-BRTA |
Review application to review the legislative process followed with regard to promulgation of the 2014 Permit Tariffs. |
|
|
Road Freight Association //Minister of Transport and C-BRTA |
Review application to review the legislative process followed with regard to promulgation of the 2014 Permit Tariffs. |
|
|
Dermit O Brein // C-BRTA |
Court Applicant claim for unlawful arrest. |
|
|
C-BRTA // Shavana Ni Vukosi Trading And Projects(PTY) LTD |
Recovery of monies from a service provider that failed to deliver all the stationary that was ordered by the Agency. |
|
|
Florence Lebyane// C-BRTA |
Claim for defamation of character, the applicant claims she was wrongfully accused, for stealing the amount of R1000-00. |
|
|
Manyatseng, Ficksburg, Borolelo-Trans Free State // C-BRTA |
Review and setting aside of Regulatory Committee decision to issue cross-border permits to operate from South Africa to the Kingdom of Lesotho be reviewed and set aside. |
- (a) The following amounts were budgeted for in each of the financial years:
- 2015/16 – R3,588,697
- 2016/17 – R4,019,341
- 2017/18 – R4,750,000
- Total spent on each matter is as per the table below:
|
No |
Title of the Matter |
2015/2016 (R) |
2016/2017 (R) |
2017/2018 (R) |
|
1 |
Central African Road Services //Minister of Transport, C-BRTA |
736,930 |
162,415 |
- |
|
2 |
Road Freight Association //Minister of Transport and C-BRTA |
623,554 |
42,806 |
315,385 |
|
3 |
Dermit O Brein // C-BRTA |
- |
- |
- |
|
4 |
C-BRTA // Shavana Ni Vukosi Trading And Projects (PTY) LTD |
- |
- |
- |
|
5 |
Florence Lebyane// C-BRTA |
21,913 |
34,754 |
64,845 |
|
6 |
Manyatseng, Ficksburg, Borolelo-Trans Free State // C-BRTA |
57,523 |
- |
- |
|
7 |
Jj Trauernicht // C-BRTA, Amos Lelope |
- |
- |
167,922 |
|
8 |
RSA- Lesotho Cross –Border Route Corridor Committee//Minister of Transport and other |
543,386 |
- |
- |
|
9 |
Muranga and Others// Cross Border Road Transport Agency |
30,485 |
1,635 |
90,844 |
|
10 |
Reggie Williams and Other// Cross Border Road Transport Agency |
- |
- |
- |
|
11 |
C-BRTA// National Cross Border Taxi Association and others |
- |
- |
36,385 |
- (b) The Road Traffic Infringement Agency (RTIA)
(i) 5 Legal matters
(ii)
|
Details of the specified matter |
|
|
Name of Litigation |
Nature of Litigation |
|
Fines for U & Another |
Litigant seeking to review decisions taken by representation officers in terms of section 18 of the AARTO Act. |
|
Edwards Matter |
The Applicant in this matter requests the court to order the Agency and Tshwane Metropolitan Municipality (joined as the second respondent in the matter) to issue him with his driving licence and licence disk in respect of various vehicles under the circumstances where the Applicant has been served with an enforcement order. |
|
Howard Dambovsky v Department of Transport and others |
Mr Dembovsky has lodged this application to, amongst others; contest the constitutionality of some of the provisions in the AARTO Act as well as its Regulations. He alleges that those identified provisions of the Act contravene in the main, the right to a fair trial as enshrined in the Constitution. This application also seeks to request cancellation of all infringement notices in an instance where infringers have elected to be tried in court but have still not been served with summonses for a period over 18 months, as prescribed by the Director of Public Prosecutions. |
|
Mpanza Matter |
Review application of the AARTO divisions. |
|
CANCOM |
Review application of the AARTO divisions. |
(2) Matter launched
|
Name of Litigation |
Launched |
Concluded |
|
Fines for U & Another |
2013 |
2017 |
|
Edwards Matter |
2017 |
2017 |
|
Howard Dambovsky v Department of Transport and others |
2016 |
Abandoned |
|
CANCOM |
2014 |
2016 |
(3) (a) 1
(b) Constitutionality of AARTO
(c) Matter Is still at the pleading stage.
(4)
|
|
|
|
2015/16 |
R 5 mil |
R 800k |
|
2016/17 |
R 5 mil |
R 3.5 mil |
|
2017/18 |
R 5 mil |
R 3 mil |
(b) The Road Traffic Management Corporation
(i) 2015/16 – 6 Matters
(i) 2016/17 - 3 matters
(i) 2017/18 - 4 matters
|
FINANCIAL YEARS |
|
(2) MATTERS INITIATED |
|
2015/2016 2016/2017 2017/2018 |
WAYMARK INFOTECH (PTY) LTD vs RTMC
TIJGER VALLEI (PTY) LTD & OTHERS vs RTMC
CIVAIR vs RTMC
INTERCAPE FERREIRA INTERLINER vs RTMC
TASIMA (PTY) LYD VS DEPARTMENT OF TRANSPORT AND THE RTMC
PJ BADENHORST VS RTMC
BLOEMFONTEIN SHOW VS RTMC
MAVUNGA vs RTMC • The complainant issued summons against the RTMC for purported unlawful arrest. • RTMC opposed the action and filed its plea. • Litigation Ongoing JPSA vs DEPARTMENT AND OTHERS
All 2016/2017 matters excluding matters marked ‘Closed’ REKWELE CHAUFEUR DRIVE (PTY(LTD) vs RTMC
NKWATSI and 5 Others vs RTMC
PUTCOMAFANI VS RTMC
TASIMA (PTY) LYD VS RTMC
|
Pre- 2015/2016 MOHLALENG INVESTMENT HOLDINGS PTY (LTD)
2015 / 2016 DEPARTMENT OF TRANSPORT AND THE RTMC vs TASIMA
RTMC vs TASIMA
2017/2018 RTMC vs TELKOM
RTMC vs TELKOM
|
(3)
|
MATTERS OUTSTANDING |
DETAILS |
REASON / STATUS |
|
WAYMARK INFOTECH (PTY) LTD vs RTMC |
• Waymark appointed to develop and install an Enterprise Recourse Planning System (ERP). • Waymark instituted legal action against the RTMC in 2010 for the outstanding Contract price, • The RTMC successfully defended the matter as the Court ordered absolution of the instance because Waymark failed to proof their case. • 23 May 2014 Waymark again instituted legal action against the RTMC. |
|
|
MOHLALENG INVESTMENT HOLDINGS PTY (LTD) |
• RTMC instituted legal action against Mohlaleng for the outstanding deposit as well as for all expenses the RTMC incurred as a result of the RTMC relocating offices from Silver Lakes • Mohlaleng defended matter |
|
|
MAVUNGA vs RTMC |
|
• Litigation on-going |
|
REKWELE CHAUFEUR DRIVE (PTY(LTD) vs RTMC |
• Rekwele issued summons to claim purported outstanding costs for rental of vehicles by the RTMC. • RTMC defended the matter and filed a special plea. |
• Litigation on-going |
|
NKWATSI and 5 Others vs RTMC |
• The complainant issued summons against the RTMC for purported unlawful arrest. • RTMC opposed the action and filed its exception and plea. |
• Litigation on-going |
|
PUTCOMAFANI VS RTMC |
• Service provider issued summons against the RTMC for breach of contract – Repudiation. • The RTMC defended the matter |
• Litigation on-going |
|
RTMC vs TELKOM |
• RTMC bring Urgent Application to order Telkom to seize service suspension • Telkom appealed final order |
• Litigation on-going |
|
RTMC vs TASIMA |
|
• Awaiting CC judgement |
|
TASIMA vs RTMC |
• Application to enforce Section 197 of Labour Relations Act • RTMC opposed application • RTMC appealed to Labour Appeals Court (LAC) |
• Awaiting LAC date • Litigation on-going |
(4)
|
FINANCIAL YEAR |
BUDGET |
MATTER |
EXPENDITURE |
|
2015/2016 |
R5 000 000 adjusted to R14 200 000 |
|
R 90,820.62 R13 988,280.40 |
|
2016/2017 |
R5 500 000 |
|
R1 918 052.28 R70 090.80 R8 203 642.56 R166 405.20 R18973.39 |
|
2017/2018 |
R 5 700 000 |
|
R230 566.34 R5908.62 R7 508 686.91 R74530.49 R37128 |
(1) (b) The Road Accident Fund (RAF) dealt with 233 Legal matters in past 3 Financial Years excluding litigation matters under the RAF Act, No. 56 of 1996)
(i) 2015/16 - 80 Matters (53 Legal Unit and 27 Employee Relations Unit)
(i) 2016/17 - 67 matters (48 Legal Unit and 19 Employee Relations Unit)
(i) 2017/18 - 86 matters (54 Legal Unit; 29 Employee Relations Unit and 3 Corporate Secretariat)
|
No. |
(ii) details of the specified matters in each case |
|
Legal Unit |
|
|
2015-16 |
|
|
1 |
L Dreyer brought a legislative challenge in respect of regulation 3 to the Act. |
|
2 |
C Mounton brought a legislative challenge in respect of regulation 3 to the Act. |
|
3 |
M Mahlatsi brought a legislative challenge in respect of regulation 3 to the Act. |
|
4 |
Mithethe Trading Enterprise instituted an action in respect of alleged breach of contract. |
|
5 |
Empower Financial Services (Pty) Ltd instituted an action in respect of alleged breach of contract. |
|
6 |
M Kubjana & Others brought a legislative challenge in respect of Regulation 3 to the Act. |
|
7 |
Consolidated matters: M Lingenfenlder, S du Toit, S Renken, E Taljaard, P Uys, J Du Preez, L Fulscher, J Renken, M Van Der Merwe, E Retief, W Du Preez, S Gresch brought a legislative challenge in respect of sections 18(1)(a)(i), 18(1)(b) and 18(2) of the Act. |
|
8 |
M Kubjana & Others brought a legislative challenge in respect of regulation 3 to the Act. |
|
9 |
Consolidated matters: M Lingenfenlder, S du Toit, S Renken, E Taljaard, P Uys, J Du Preez, L Fulscher, J Renken, M Van Der Merwe, E Retief, W Du Preez, S Gresch brought a legislative challenge in respect of sections18(1)(a)(i), 18(1)(b) and 18(2) of the Act. |
|
10 |
H Matidza instituted action claiming damages as per the judgement in his favour. The RAF appealed the judgement awarding punitive cost against the claims handler. |
|
11 |
RAF instituted action to recover debt from MSMM Attorneys. |
|
12 |
RAF instituted action to recover debt from TC Beea. |
|
13 |
RAF instituted action to recover debt from Ke Yona Business Information Management Solutions. |
|
14 |
C F Jeftha brought a legislative challenge in respect of sections 19(g) and s 21 of the Act. |
|
15 |
R & M Combrink brought a legislative challenge in respect of regulation 2(3) to the Act. |
|
16 |
L Mlenga logded a dispute in terms of the Promotion of Access to Information Act, 2000 in respect of access to file copies. |
|
17 |
Towell & Groenewaldt Attorneys instituted action in relation to the RAF Supply Chain Management process. |
|
18 |
C Degneer brought a legislative challenge in respect of section 50(1) of the Magistrates’ Court Act. |
|
19 |
C Kgoale brought a legislative challenge in respect of section 50(1) of the Magistrates’ Court Act. |
|
20 |
Mac Ndhlovu Attorneys instituted action in relation to the RAF supply chain management process |
|
21 |
T & N Assessors instituted action claiming damages in relation to a contractual dispute. |
|
22 |
RAF instituted action against A Ramavhunga to recover debt. |
|
23 |
RAF instituted action against Mashishi Attorneys to recover debt. |
|
24 |
RAF instituted action against Meintjes Petzer Attorneys to recover debt. |
|
25 |
L J Moeketsi brought a legislative challenge in respect of regulation 2(3) to the Act. |
|
26 |
D De Jager, brought a legislative challenge in respect of regulation 2(3) to the Act. |
|
27 |
J T Tshoba brought a legislative challenge in respect of regulation 2(3) to the Act. |
|
28 |
Consolidated matters: MP Mangena,P T Motsena,A A Mbonana,H M Mahlangu,N J Mazibuko,J M Mashibini,F A Khuzwayo, M L Letsoalo, P M De Esclana, N Momberg, N Archary, G J Bothma, N Momberg (Snr), CJ Knight, M J Motloung, S Ngunyula, T J Masuku, R D Molefe, R Werner, A Swanepoel, E Fourie, M M Masenya, PN Majela, MM Madonsela, RE Fereira brought a legislative challenge in respect of regulation 3 & 5 to the Act. |
|
29 |
N P Fakude and forty-six others brought a legislative challenge in respect of sections 17(1), 17(1A), 19(a), and 21 of the Act. |
|
30 |
Y Chotia brought a legislative challenge in respect of regulation 3 to the Act. |
|
31 |
Z G Magayiana brought a legislative challenge in respect of regulation 3 to the Act. |
|
32 |
J N Khoza obo A Chabangu brought a legislative challenge in respect of sections 17(1), 17(1A), 19(a) and 21 of the Act. |
|
33 |
M Katse brought a legislative challenge in respect of sections 17(1) and 17(4) (a)(c), and the regulations. |
|
34 |
Zahwa Entertainment instituted action claiming damages in relation to a contractual dispute. |
|
Legal Unit |
|
|
2015-16 |
|
|
36 |
A R Fogwill instituted action claiming damages in relation to a contractual dispute. |
|
37 |
King & Queen Tour instituted action claiming damages in relation to a contractual dispute. |
|
38 |
Mashishi & Meyers Assessor instituted action claiming damages in relation to a contractual dispute. |
|
39 |
Booyens Du Preez & Boshoff Inc instituted action claiming damages in relation to a contractual dispute. |
|
40 |
Caveonet Investments (Pty) Ltd t/a Becker & Mzimela Investigations instituted action claiming damages in relation to a contractual dispute. |
|
41 |
M T F Consultants (Pty) Ltd instituted action claiming damages in relation to a contractual dispute. |
|
42 |
B Mbalu brought a labour dispute in respect of unfair dismissal. |
|
43 |
N Oliphant lodged a dispute in terms of the Promotion of Access to Information Act, 2000 in respect of access to records. |
|
44 |
R Devchander obo V instituted an action claiming damages in relation to an alleged wrongful arrest. |
|
45 |
G O Simelane instituted an action claiming damages in relation to an alleged wrongful arrest. |
|
46 |
J M Moyo instituted action claiming damages in relation to a contractual dispute. |
|
47 |
M Gwebityala instituted action claiming damages in relation to a contractual dispute. |
|
48 |
M L Malebo v Searle Attorneys instituted action claiming damages in relation to a contractual dispute. |
|
49 |
V Khumalo instituted action claiming damages in relation to a contractual dispute. |
|
50 |
M D Faes instituted action claiming damages in relation to a contractual dispute. |
|
51 |
M V Netshipale instituted action claiming damages in relation to a contractual dispute. |
|
52 |
HB Molefe Attorneys instituted action claiming damages in relation to a contractual dispute. |
|
53 |
Brian Hitchings, NO obo S R Mlangeni instituted action claiming damages in relation to a contractual dispute. |
|
2016/17 Financial Year |
|
|
1 |
RAF instituted action to recover debt from MSMM Attorneys. |
|
2 |
RAF instituted action to recover debt from TC Beea. |
|
3 |
RAF instituted action to recover debt from Ke Yona Business Information Management Solutions. |
|
4 |
C F Jeftha brought a legislative challenge in respect of sections 19(g) and 21 of the Act. |
|
5 |
L Mlenga logded a dispute in terms of the Promotion of Access to Information Act, 2000 in respect of access to file copies. |
|
6 |
Towell & Groenewaldt Attorneys instituted action in relation to the RAF Supply Chain Management process. |
|
7 |
C Degneer brought a legislative challenge in respect of section 50(1) of the Magistrates’ Court Act. |
|
8 |
C Kgoale brought a legislative challenge in respect of section 50(1) of the Magistrates’ Court Act. |
|
9 |
J S Thokoane & twenty others instituted action claiming damages in relation to a contractual dispute. |
|
10 |
T & N Assessors instituted action claiming damages in relation to a contractual dispute. |
|
11 |
RAF instituted action against A Ramavhunga to recover debt. |
|
12 |
RAF instituted action against Mashishi Attorneys to recover debt. |
|
13 |
RAF instituted action against Mabunda Attorneys to recover debt. |
|
14 |
RAF instituted action against Meintjes Petzer Attorneys to recover debt. |
|
15 |
L J Moeketsi brought a legislative challenge in respect of regulation 2(3) to the Act. |
|
16 |
D De Jager, brought a legislative challenge in respect of regulation 2(3) to the Act. |
|
17 |
J T Tshoba brought a legislative challenge in respect of regulation 2(3) to the Act. |
|
18 |
Consolidated matters: MP Mangena,P T Motsena,A A Mbonana,H M Mahlangu,N J Mazibuko,J M Mashibini,F A Khuzwayo, M L Letsoalo, P M De Esclana, N Momberg, N Archary, G J Bothma, N Momberg (Snr), C J Knight, M J Motloung, S Ngunyula, T J Masuku, R D Molefe, R Werner, A Swanepoel, E Fourie, M M Masenya, PN Majela, MM Madonsela, RE Fereira brought a legislative challenge in respect of regulation 3 & 5 to the Act |
|
19 |
N P Fakude and forty-six others and Thokoane & twenty others brought a legislative challenge in respect of sections 17(1), 17(1A), 19(a) and 21 of the Act. |
|
20 |
Y Chotia brought a legislative challenge in respect of regulation 3 to the Act. |
|
21 |
Z G Magayiana brought a legislative challenge in respect of regulation 3 to the Act. |
|
22 |
G W De Waal brought a legislative challenge in respect of regulation 3 to the Act. |
|
23 |
J N Khoza obo A Chabangu brought a legislative challenge in respect of sections 17(1), 17(1A), 19(a) and 21 of the Act |
|
24 |
M Katse brought a legislative challenge in respect of sections 17(1) and 17(4) (a)(c), and the regulations. |
|
28 |
Zahwa Entertainment instituted action claiming damages in relation to a contractual dispute. |
|
26 |
W J Mkhonza & Associates instituted action claiming damages in relation to a contractual dispute. |
|
27 |
A R Fogwill instituted action claiming damages in relation to a contractual dispute. |
|
28 |
King & Queen Tour instituted action claiming damages in relation to a contractual dispute. |
|
29 |
Mashishi & Meyers Assessor instituted action claiming damages in relation to a contractual dispute. |
|
30 |
Booyens Du Preez & Boshoff Inc instituted action claiming damages in relation to a contractual dispute. |
|
31 |
Caveonet Investments (Pty) Ltd t/a Becker & Mzimela Investigations instituted action claiming damages in relation to a contractual dispute. |
|
32 |
M T F Consultants (Pty) Ltd instituted action claiming damages in relation to a contractual dispute. |
|
33 |
B Mbalu brought a labour dispute in respect of unfair dismissal. |
|
34 |
N Oliphant lodged a dispute in terms of the Promotion of Access to Information Act, 2000 in respect of access to records |
|
35 |
R Devchander obo V instituted an action claiming damages in relation to an alleged wrongful arrest. |
|
36 |
G O Simelane instituted an action claiming damages in relation to an alleged wrongful arrest. |
|
37 |
J M Moyo instituted action claiming damages in relation to a contractual dispute. |
|
38 |
M Gwebityala instituted action claiming damages in relation to a contractual dispute. |
|
39 |
M L Malebo v Searle Attorneys instituted action claiming damages in relation to a contractual dispute. |
|
40 |
V Khumalo instituted action claiming damages in relation to a contractual dispute. |
|
41 |
M D Faes instituted action claiming damages in relation to a contractual dispute. |
|
42 |
M V Netshipale instituted action claiming damages in relation to a contractual dispute. |
|
43 |
HB Molefe Attorneys instituted action claiming damages in relation to a contractual dispute. |
|
44 |
Brian Hitchings, NO obo S R Mlangeni instituted action claiming damages in relation to a contractual dispute. |
|
2017/18 Financial Year |
|
|
1 |
Bokwa Attorneys instituted action claiming damages in relation to a contractual dispute. |
|
2 |
Mohlala Attorneys instituted action claiming damages in relation to a contractual dispute. |
|
3 |
F Schutte Attorneys instituted action claiming damages in relation to a contractual dispute. |
|
4 |
L E Lopedi Ford brought a legislative challenge in respect of sections 17, 17(A) and 26 of the Act. |
|
5 |
F Galant brought a legislative challenge in respect of sections 17, 17(A) and 26 of the Act. |
|
6 |
M Venter brought a legislative challenge in respect of sections 17(1), 17(4)(a), (c), (A) and (B) of the Act. |
|
7 |
Salani Marketing & Projects instituted action claiming damages in relation to a contractual dispute. |
|
8 |
Adv. N Krige instituted action claiming damages in relation to a contractual dispute. |
|
9 |
AN Jamotte instituted action claiming damages in relation to a contractual dispute. |
|
10 |
Askew Grindlay Attorneys instituted action claiming damages in relation to a contractual dispute. |
|
11 |
L Grundling instituted action claiming damages in relation to a contractual dispute. |
|
12 |
TR &S Pillay instituted an action claiming damages in relation to an alleged wrongful arrest. |
|
13 |
K Malao Attorneys instituted action claiming damages in relation to a contractual dispute. |
|
14 |
TB Nsibande instituted an action claiming damages in relation to an alleged wrongful arrest. |
|
15 |
Van Zyl Le Roux Inc & Grimbeek Van Rooyen Inc instituted action claiming damages in relation to a contractual dispute. |
|
16 |
N N Ndamse instituted action claiming damages in relation to a contractual dispute. |
|
17 |
Synko Projects (Pty) Ltd instituted action claiming damages in relation to a contractual dispute. |
|
18 |
JN Chiliza instituted action challenging the principle of litis contestatio. |
|
19 |
Mac Ndhlovu Attorneys instituted a further action in relation to the RAF supply chain management process. |
|
20 |
J S Thokoane & twenty others instituted action claiming damages in relation to a contractual dispute. |
|
21 |
T & N Assessors instituted action claiming damages in relation to a contractual dispute. |
|
22 |
RAF instituted action against A Ramavhunga to recover debt. |
|
23 |
RAF V Mashishi Attorneys recovery of debt. |
|
24 |
RAF instituted action against Mabunda Attorneys to recover debt. |
|
25 |
L J Moeketsi brought a legislative challenge in respect of regulation 2(3) to the Act. |
|
26 |
D De Jager, brought a legislative challenge in respect of regulation 2(3) to the Act. |
|
27 |
J T Tshoba brought a legislative challenge in respect of regulation 2(3) to the Act. |
|
Consolidated matters: M L Letsoalo, N Momberg, T J Masuku, M M Masenya brought a legislative challenge in respect of regulation 3 & 5 to the Act |
|
|
28 |
N P Fakude and forty-six others and Thokoane & twenty others brought a legislative challenge in respect of sections 17(1), 17(1A), 19(a) and 21 of the Act. |
|
29 |
Y Chotia brought a legislative challenge in respect of regulation 3 to the Act. |
|
30 |
Z G Magayiana brought a legislative challenge in respect of regulation 3 to the Act. |
|
31 |
G W De Waal brought a legislative challenge in respect of regulation 3 to the Act. |
|
32 |
J N Khoza obo A Chabangu brought a legislative challenge in respect of sections 17(1), 17(1A), 19(a) and 21 of the Act. |
|
33 |
M Katse brought a legislative challenge in respect of sections 17(1) and 17(4) (a)(c), and the regulations. |
|
34 |
Zahwa Entertainment instituted action claiming damages in relation to a contractual dispute. |
|
35 |
W J Mkhonza & Associates instituted action claiming damages in relation to a contractual dispute. |
|
36 |
A R Fogwill instituted action claiming damages in relation to a contractual dispute. |
|
37 |
King & Queen Tour instituted action claiming damages in relation to a contractual dispute. |
|
38 |
Mashishi & Meyers Assessor instituted action claiming damages in relation to a contractual dispute. |
|
39 |
Booyens Du Preez & Boshoff Inc instituted action claiming damages in relation to a contractual dispute. |
|
40 |
Caveonet Investments (Pty) Ltd t/a Becker & Mzimela Investigations instituted action claiming damages in relation to a contractual dispute. |
|
41 |
M T F Consultants (Pty) Ltd instituted action claiming damages in relation to a contractual dispute. |
|
42 |
B Mbalu brought a labour dispute in respect of unfair dismissal. |
|
43 |
N Oliphant lodged a dispute in terms of the Promotion of Access to Information Act, 2000 in respect of access to records |
|
44 |
R Devchander obo V instituted an action claiming damages in relation to an alleged wrongful arrest. |
|
45 |
G O Simelane instituted an action claiming damages in relation to an alleged wrongful arrest. |
|
46 |
J M Moyo instituted action claiming damages in relation to a contractual dispute. |
|
47 |
M Gwebityala instituted action claiming damages in relation to a contractual dispute. |
|
48 |
M L Malebo v Searle Attorneys instituted action claiming damages in relation to a contractual dispute. |
|
49 |
V Khumalo instituted action claiming damages in relation to a contractual dispute. |
|
50 |
M D Faes instituted action claiming damages in relation to a contractual dispute. |
|
51 |
M V Netshipale instituted action claiming damages in relation to a contractual dispute. |
|
52 |
HB Molefe Attorneys instituted action claiming damages in relation to a contractual dispute. |
|
53 |
Brian Hitchings, NO obo S R Mlangeni instituted action claiming damages in relation to a contractual dispute. |
|
Corporate Secretariat |
|
|
2017/18 Financial Year |
|
|
1 |
Dr. T Kommal initiated a governance dispute in respect of governance. |
|
2 |
Dr. T Kommal initiated a governance dispute in respect of governance. |
|
3 |
Dr. T Kommal initiated a governance dispute in respect of governance. |
|
Employee Relation Unit |
|
|
2015/16 Financial Year |
|
|
1 |
C. Maswanganye instituted an unfair labour practice dispute in respect of demotion. |
|
2 |
Z. Nduneni instituted an unfair labour practice dispute in respect of constructive dismissal. |
|
3 |
L. Mashilo instituted an unfair labour practice dispute in respect of benefits. |
|
4 |
SATAWU on behalf of Mahlotja and three others instituted an unfair labour practice dispute in respect of promotion |
|
5 |
SATAWU on behalf of five others instituted an unfair labour practice dispute in respect of benefits. |
|
6 |
SATAWU obo Noxolo Ntongolo instituted an unfair labour practice dispute in respect of unfair dismissal. |
|
7 |
R. Johnson instituted an unfair labour practice dispute in respect of promotion. |
|
8 |
D. Chelopo instituted an unfair labour practice dispute in respect of unfair dismissal. |
|
9 |
D. Golele instituted an unfair labour practice dispute in respect of unfair dismissal. |
|
10 |
M. Moseneke instituted an unfair labour practice dispute in respect of unfair dismissal. |
|
11 |
SATAWU obo of S. Munsammy instituted an unfair labour practice dispute in respect of promotion. |
|
12 |
L. Pillay instituted an unfair labour practice dispute in respect of promotion. |
|
13 |
P. Motswiri instituted an unfair labour practice dispute in respect of suspension. |
|
14 |
D. Lekganyane instituted an unfair labour practice dispute in respect of unfair dismissal. |
|
15 |
T. Mafanya instituted an unfair labour practice dispute in respect of unfair dismissal. |
|
16 |
L. Myataza instituted an unfair labour practice dispute in respect of unfair dismissal. |
|
17 |
P. Kgosiyadira instituted an unfair labour practise dispute in respect of benefits. |
|
18 |
B. Mbalu instituted an unfair labour practice dispute in respect of misconduct and incompatibility. |
|
19 |
G Mahlangu instituted an unfair labour practice dispute in respect of unfair dismissal. |
|
20 |
K. Maitisa instituted an unfair labour practice dispute in respect of dismissal on misconduct and dishonesty. |
|
21 |
W. Mokubyane instituted an unfair labour practice dispute in respect of Task Grading. |
|
22 |
D. Mokolobate instituted an unfair labour practice dispute in respect of review of CCMA award. |
|
23 |
P. Mathebula & B. Mankwane instituted an unfair labour practice dispute in respect of review of CCMA award. |
|
24 |
Moseneke and other instituted an unfair labour practice dispute in respect of review of CCMA award on condonation. |
|
25 |
|
|
2016/17 Financial Year |
|
|
1 |
P Hlungwani instituted an unfair labour practice dispute in respect of demotion. |
|
2 |
D Maluleke instituted an unfair labour practice dispute in respect of demotion. |
|
3 |
SATAWU obo Ngwenyama and four others instituted an unfair labour practice dispute in respect of benefits. |
|
4 |
SATAWU obo Sabasa, Johanna and eight others instituted an unfair labour practice dispute in respect of benefits. |
|
5 |
M. Jozana instituted an unfair labour practice dispute in respect of equal pay for equal work of value. |
|
6 |
T Mazibuko instituted an unfair labour practice dispute in respect of constructive dismissal. |
|
7 |
A. Lenders instituted an unfair labour practice dispute in respect of constructive dismissal |
|
8 |
M Sibanyoni instituted an unfair labour practice dispute in respect of unfair dismissal. |
|
9 |
R Mapumulo instituted an unfair labour practice dispute in respect of unfair dismissal. |
|
10 |
SATAWU obo Mfanafuthi Dlamini instituted an unfair labour practice dispute in respect of unfair dismissal. |
|
11 |
D. Creighton instituted an unfair labour practice dispute in respect of unfair dismissal. |
|
12 |
T Magoro instituted an unfair labour practice dispute in respect of unfair dismissal. |
|
13 |
T Magoro instituted an unfair labour practice dispute in respect of unfair dismissal. |
|
14 |
S Gona instituted an unfair labour practice dispute in respect of promotion. |
|
15 |
SATAWU on behalf of Mahlomotja and three others instituted an unfair labour practice dispute in respect of promotion. |
|
16 |
Xolisa Mgqamqo instituted an unfair labour practice dispute in respect of unfair dismissal. |
|
17 |
P. Ramdial instituted an unfair labour practice dispute in respect of disciplinary action short of dismissal. |
|
18 |
SATAWU obo L. Matodzi instituted an unfair labour practice dispute in respect of constructive dismissal. |
|
19 |
L. Peter instituted an unfair labour practice dispute in respect of unfair dismissal. |
|
20 |
G. Qobeka instituted an unfair labour practice dispute in respect of unfair dismissal. |
|
21 |
L. Peter instituted an unfair labour practice dispute in respect of unfair dismissal. |
|
2017/18 Financial Year |
|
|
1 |
A Mhlauli instituted an unfair labour practice dispute in respect of unfair dismissal. |
|
2 |
SATAWU obo members instituted an unfair labour practice in respect of disciplinary action short of dismissal. |
|
3 |
NUMSA obo members instituted a dispute in relation to a collective agreement. |
|
4 |
NUMSA obo members instituted an unfair labour practice dispute in respect of benefits. |
|
5 |
J. Matimela instituted an unfair labour practice dispute in respect of constructive dismissal. |
|
6 |
N. Ntambi instituted an unfair labour practice dispute in respect of unfair dismissal. |
|
7 |
L. Gxanashe instituted an unfair labour practice dispute in respect of unfair dismissal. |
|
8 |
M. Mphupu instituted an unfair labour practice dispute in respect of unfair dismissal. |
|
9 |
L. Moima instituted an unfair labour practice dispute in respect of unfair dismissal. |
|
10 |
Z. Dangwana instituted an unfair labour practice dispute in respect of unfair dismissal. |
|
11 |
A. Motsamai instituted an unfair labour practice in respect of disciplinary action demotion. |
|
12 |
M. Seku instituted an unfair labour practice dispute in respect of benefits. |
|
13 |
B. Mkhwanazi instituted an unfair labour practice dispute in respect of promotion. |
|
14 |
SATAWU obo Sebenzile Mlaza instituted an unfair labour practice dispute in respect of promotion. |
|
15 |
R. Mokgoko instituted an unfair labour practice dispute in respect of benefits. |
|
16 |
P Ngwasheng instituted an unfair labour practice in respect of disciplinary action. |
|
17 |
NUMSA instituted an unfair labour practice dispute in respect of dispute of mutual interest. |
|
18 |
M. Mushi instituted an unfair labour practice dispute in respect of deduction. |
|
19 |
Kalaivani Pillay instituted an unfair labour practice dispute in respect of dispute of mutual interest. |
|
20 |
SATAWU obo Farisan Nzumbululo instituted an unfair labour practise in respect of disciplinary action. |
|
21 |
SATAWU obo G Songezo instituted an unfair labour practise dispute in respect of unfair dismissal. |
|
22 |
SATAWU obo Nonjongo instituted an arbitration unfair dismissal. |
|
23 |
NUMSA obo Gcanabana instituted an unfair labour practise dispute in respect of unfair dismissal. |
|
24 |
L Majela brought instituted an unfair labour practice dispute in respect of disciplinary action. |
|
25 |
M Mabelebele instituted an unfair labour practice dispute in respect of promotion. L Pretorius instituted an unfair labour practice dispute in respect of disciplinary action. |
|
26 |
|
|
27 |
L Boihang instituted an unfair labour practise dispute in respect of unfair dismissal. |
|
28 |
Z Abrahams instituted an unfair labour practice dispute in respect of promotion. |
|
29 |
SATAWU obo Rathipa and nine others instituted an unfair labour practice dispute in respect of disciplinary action. |
|
30 |
L. Matodzi instituted an unfair labour practice dispute in respect of unfair dismissal. |
SANRAL
Questions 1-3
Please refer to Annexure A attached to this letter. All matters which are highlighted in grey in the annexure, relates to both the High (referred to as Pilot 2 matters) and Magistrate (referred to as Pilot 1 matters) Court actions which Sanral has instituted for e-toll debt.
Question 4
|
Financial Years |
Actual Budget |
Actual Spent |
|
2015/2016 |
R 5 135 400.00 |
R 27 584 699.53 |
|
2016/2017 |
R 25 362 588.00 |
R 22 729 860.24 |
|
2017/2018 |
R 23 743 988.00 |
R 26 430 688.81 |
