- Court confirms taxi associations can enforce their own rank rules, even over permit holders.
- Mafisa allowed to operate only under another member’s permit and must follow association procedures.
- Dispute over permit’s legality remains unresolved and must be settled by the association or a future court case.
The dispute arose at the Majakathata Taxi Rank in Bloemfontein, where the Greater Bloemfontein Taxi Association (GBTA) and its rank chairperson, Moferefere Shadrack Maphisa, clashed with taxi operator Retshedisitsoe Isaac Mafisa.
Mafisa claimed he had legally bought an operating permit from fellow operator Nontsokolo Mei and was entitled to load passengers at the rank. However, the association blocked him from operating, insisting that he had not followed its queuing system and could only operate under Mei’s membership number 18.
When Mafisa obtained a court order allowing him to load, the GBTA appealed, arguing that the permit had been unlawfully transferred in contravention of Section 77 of the National Land Transport Act, which forbids the cession or hiring out of operating licenses except through formal transfer under Section 58.
Association rules trump individual rights
The association maintained that, regardless of permit disputes, its members are bound by strict operational protocols designed to maintain order and safety at the rank. These include a queueing system based on membership numbers and restrictions on where and when each vehicle may load passengers. The GBTA argued that allowing Mafisa to bypass this system would undermine its internal discipline and create chaos among operators.
“While an operating permit confers a statutory right, that right must be exercised within the association’s operational framework.”
Supreme Court of Appeal
In its judgment of 18 September 2025, the Supreme Court of Appeal accepted that the permit appeared valid on its face and had not been set aside, thereby granting Mafisa a provisional right to operate. However, it emphasised that this right must be exercised within the association’s rules.
The court found that Mafisa and Mei had attended an association meeting in October 2022, where it was agreed that he would temporarily load under Mei’s permit, and held that this arrangement should stand until the permit’s legality is determined by the GBTA or a court.
Temporary compromise under association supervision
Judge SE Weiner, writing for a unanimous bench, ruled that Mafisa may load at the rank but only under Mei’s permit and in accordance with the Majakathata Association’s rules. Any legal challenge to the permit must be launched within 60 days, failing which the temporary arrangement will lapse. Each party was ordered to pay its own costs.
The ruling confirmed that while operating permits confer a statutory right, that right must be exercised within the operational framework set by taxi associations, which retain the power to manage their ranks and enforce discipline among operators.
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