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NATIONAL ASSEMBLY:

QUESTION NUMBER: 2133

Mr M S F de Freitas (DA) 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?

NW2288E

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 x x

contract extension unlawful

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 /


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 The matter is still progressing

amounts paid to consultants

without following procurement

procedures

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


JV Ndorum Summons by JV Ndorum for

payment of extra works

conducted at the Mthatha

Airport


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 /


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)

(1)(i) Seven.

(ii) (a) ATNS / Ndlovu : Urgent Application for dismissal /Interdict of Internal Disciplinary Process.

(b) ATNS / Ndlovu : Review Application to interdict the disciplinary hearing and appointment of

the Chairperson of the Hearing,

(c) ATNS/Motsogi : Review Application of the CCMA Arbitration ruling in relation to ATA theft of

assessment papers,

(d) ATNS/Ndlovu : to review the decision of the board to remove Mr. Ndlovu as the Board

Director of ATNS,

(e) ATNS/T Mofuledu : Fraud.

(f) ATNS/ S Khan Recovery/ Breach of training Contract.

(2) (a) ATNS / Ndlovu : Urgent Application for dismissal /Interdict of Internal Disciplinary Process :

2018.

(b) ATNS / Ndlovu : Review Application to interdict the disciplinary hearing and appointment of

the Chairperson of the Hearing : 2018.

(c) ATNS/Motsogi : Review Application of the CCMA Arbitration ruling in relation to ATA theft of

assessment papers : 2018.

(d) ATNS/Ndlovu : to review the decision of the board to remove Mr. Ndlovu as the Board

Director of ATNS : 2018.

(e) ATNS/T Mofuledu : Fraud : 2015.

(f) 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)

(1) (i) Five legal matters have been dealt with by the RSR.

(ii) The details of the matters are as follow:

BMW vs RSR, 2015The 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, 2015Review 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, 2015Litigation 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, 2016The 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, 2016Transnet lodged an urgent application against RSR following an unsuccessful

permit application. The matter proceeded in court and the application by

Transnet was dismissed.

(2) The RSR has not launched any legal matters against any party.

(3) All matters have been concluded. There is currently no active litigation against the RSR.

(4) The amount budgeted and spent for each financial year is as follow:

(a) Financial Year (b) Amount budgeted (c) Amount spent

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)

(1) (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 17/18Prodigy 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 XProconse 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 XNational Force Security For alleged unlawful X X X

Year(ii) Details of matters 15/16 16/17 17/18

cancellation of security contract.

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 XMadisha & Associates CC - Alleged early termination of

contract. X X

Raamba Engineering Enterprises CC and JRACCE (PTY) LTD -

Subcontractor workX X

DBI - Change in scope and budget. X XMMQS-MACE (PTY) LTD - Claim for work done XOTIS (PTY) LTD Variation on contract. XVISION AFRICA as part of MMQS-MACE (PTY) LTD -

Alleged work done. X X

Pro-Serve Consulting - Alleged work done. X XKamo Architects - Alleged services rendered XKamo Construction - Alleged services rendered XSiyangena interest. X XLebepe Quantity Surveyors - Alleged services rendered X X

Year(ii) Details of matters 15/16 16/17 17/18Brouwers Property Development cc –

Penalties X

David Underwood/Sharpline Graphics -

Claim for breach of contract X

Mtiya Dynamics - Alleged services rendered XTshepo 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 renderedX

DC Worst Composite (PTY)LTD vs Ecoan Eng & PRASA -

Alleged services rendered- X

Sebenza Shipping and Forwarding -


Fabor Engineering Products (PTY) LTD -


Nkambule and Associates - Alleged services rendered XSuperway Constructions vs PRASA -


Theeunissen J vs PRASA & others

Claim for injuries/unlawful arrest X

Phaahlana Mahlako Investments -


Boyisa Trading Enterprise - Alleged services rendered X

(2) Matters initiated by PRASA

Matter Date launched StatusSwifambo Rail Leasing June 2016 In progressSwifambo Rail Leasing – Appeal by Swifambo June 2017 In progressSiyangena Technologies December 2015 In progressSiyangena Technologies March 2018 In progressCompass Insurance July 2015 In progressEastern Cape : Department of Health January 2011 In progressNational Department of Public Works April 2011 In progressArbour Town February 2011 In progressF Gastin September 2016 In progressJ Phungula December 2015 In progressD Mthimkhulu November 2015 In progressM Mngomezulu December 2016 In progressMazwe Financial Services April 2016 In progressIndependent Development Corporation (IDC) November 2016 In progress

(3) (a)There are twelve (12) matters outstanding where PRASA have initiated legal action:

Matter (b) Detail (c) StatusSwifambo Rail Leasing In July 2017, the Local Division The matter has been

Matter (b) Detail (c) Statusof 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.

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

(4) 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.

(5)

Legal Fees PRASA 2015/16 2016/17 2017/18a) Budget R36,099 million R35 million R36 millionb) Spend R69,643 million R49,424 million R60,874 million

Ports Regulator of South Africa (PRSA)

(1) (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.

(2) N/A(3) N/A(4) 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) (i) 2015/16 - 7 Matters

(i) 2016/17 - 7 matters

(i) 2017/18 - 10 matters

(ii) details of the specified matters in each caseFinancial Year 2015/16Commencement date Title of the Matter Fact of the Matter14 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


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

Muranga and Others// C-BRTA Claim for breach of employment contract.

(ii) details of the specified matters in each caseFinancial Year 2015/16Commencement date Title of the Matter Fact of the Matter

previous financial year)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 caseFinancial Year 2016/17Commencement Date Title of the Matter Fact of the Matter1 September 2014


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




16 April 2014



10 September 2016 C-BRTA // Shavana Ni Vukosi Trading and Projects (PTY) LTD


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


16 January 2014



(ii) details of the specified matters in each caseFinancial Year 2017/18Commencement date Title of the Matter Fact of the Matter8 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 Central African Road Services //Minister of

Review application to review the legislative process followed with

(ii) details of the specified matters in each caseFinancial Year 2017/18Commencement date Title of the Matter Fact of the Matter


Transport, C-BRTA regard to promulgation of the 2014 Permit Tariffs.

16 April 2014




16 April 2014



10 September 2016


C-BRTA // Shavana Ni Vukosi Trading and Projects (PTY) LTD


10 June 2015



25 June 2015




16 January 2014



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.

(1) 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

(2) (a) Seven (7) matters are outstanding.

(b) Title of the Matter Fact of the Matter (c) Reason outstanding

Jj Trauernicht // Cross Border The applicant in this matter was involved in an

(b) Title of the Matter Fact of the Matter (c) Reason outstanding

Road Transport Agency-BRTA, Amos Lelope

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




Dermit O Brein // C-BRTA Court Applicant claim for unlawful arrest.C-BRTA // Shavana Ni Vukosi Trading And Projects(PTY) LTD





(3) (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

(b) 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 64,8456 Manyatseng, Ficksburg, Borolelo-Trans Free

State // C-BRTA57,523 - -

7 Jj Trauernicht // C-BRTA, Amos Lelope - - 167,9228 RSA- Lesotho Cross –Border Route Corridor

Committee//Minister of Transport and other543,386 - -

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

(i) (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 2017Edwards Matter

20172017

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)

(a) Budgeted (b) Spent2015/16 R 5 mil R 800k2016/17 R 5 mil R 3.5 mil2017/18 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

(ii) MATTERS/ DETAIL (2) MATTERS INITIATED

2015/2016 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.

TIJGER VALLEI (PTY) LTD & OTHERS vs RTMC Tijger Vallei 1 (Pty) Ltd, Carslwald Gardens (Pty)

Ltd, Jamwa Beleggings (Pty) Ltd, Awaiz @ 5th Avenue Investments CC and Clifton Dunes Investments 166 (Pty) Ltd, issued summons to recover purported outstanding lease amounts.

RTMC defended the matter The complainants abandoned claim Matter Closed

CIVAIR vs RTMC CIVAIR issued summon against the RTMC for

payment of helicopter services rendered during April 2013.

The RTMC defended the matter Parties Settled the matter out of court Matter Closed

INTERCAPE FERREIRA INTERLINER vs RTMC Intercape Ferreira Interliner issued summons

against the RTMC, claiming that it suffered damages as a result of the operations of the NTPU and statement made by the erstwhile

Pre- 2015/2016

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 Litigation Ongoing

2015 / 2016

DEPARTMENT OF TRANSPORT AND THE RTMC vs TASIMA Department and RTMC bring counter

application to the declare 2010 extention of Tasima Agreement Unlawfull

30 April 2015

RTMC vs TASIMA RTMC bring urgent application agianst

Tasima to enforce Constitutional Court order of 9 November 2016

March 2017 Litigation Ongoing

2016/2017

Acting CEO RTMC defended that matter and file its plea Complainant abandoned matter Matter Closed

TASIMA (PTY) LYD VS DEPARTMENT OF TRANSPORT AND THE RTMC

Tasima brought an urgent application to uphold and enforce, the terms of various extant court orders on the basis of contempt.

RTMC and the Department opposed the application and brought counter application to contest the unlawful extension of the agreement in 2010

PJ BADENHORST VS RTMC The complainant issued summons against the

RTMC for purported unlawful arrest. RTMC opposed the action and filed its plea. Complainant abandoned matter Matter Closed

BLOEMFONTEIN SHOW VS RTMC BloemfonteinShow organisers issued summons

against the RTMC Parties settled matter Matter Closed

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 JPSA bring application to contest AARTO

Procedure RTMC Opposed the application Plaintiff Abandoned Application Matter Closed

All 2016/2017 matters excluding matters marked ‘Closed’

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 Ongoing2017/2018

2017/2018

NKWATSI and 5 Others vs RTMC

The complainants issued summons against the RTMC for purported unlawful arrest.

RTMC opposed the action Litigation Ongoing

PUTCOMAFANI VS RTMC Service provider issued summons against the

RTMC for breach of contract – Repudiation. The RTMC defended the matter Litigation Ongoing

TASIMA (PTY) LYD VS RTMC Application to enforce Section 197 of

Labour Relations Act RTMC opposed application Litigation Ongoing

RTMC vs TELKOM RTMC bring Urgent Application to order

Telkom to seize service suspension 18 October 2017

RTMC vs TELKOM RTMC bring Urgent Application to order

Telkom to seize service suspension 25 October 2017

(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.

RTMC appeal to CC (Counter Claim)

Awaiting directions from CC Litigation on-going

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

Set down for Trail - 19 February 2019

Litigation on-going

MAVUNGA vs RTMC The complainant issued summons against the RTMC for purported unlawful arrest.

• Litigation on-going

RTMC opposed the action and filed its plea.

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.


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.


PUTCOMAFANI VS RTMC

• Service provider issued summons against the RTMC for breach of contract – Repudiation.

• The RTMC defended the matter


RTMC vs TELKOM • RTMC bring Urgent Application to order Telkom to seize service suspension

• Telkom appealed final order


RTMC vs TASIMA • RTMC bring urgent application agianst Tasima to enforce Constitutional Court order of 9 November 2016

Tasima Appealed to SCA and CC Matter in CC 8 March 2018

• 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

Waymark Infotech (PTY) LTD vs RTMC TASIMA (PTY) LTD VS Department Of

Transport and RTMC

R 90,820.62

R13 988,280.40

2016/2017 R5 500 000 Waymark Infotech (Pty) Ltd Vs RTMC Mohlaleng Investment Holdings Pty LTD Tasima (Pty) Lyd Vs Department Of Transport

And The Rtmc- RTMC VS TELKOM- JPSA vs DEPARTMENT PJ Badenhorst VS RTMC Mavunga vs RTMC

R1 918 052.28R70 090.80R8 203 642.56

R166 405.20R18973.39

2017/2018 R 5 700 000 Waymark Infotech (PTY) LTD vs RTMC Mohlaleng Investment Holdings Pty (LTD) TASIMA (PTY) LYD VS Department Of

Transport and RTMC- RTMC vs TASIMA- TASIMA (PTY) LYD VS RTMC - RTMC vs TELKOM x2- NKWATSI and 5 Others vs RTMC

Rekwele Chaufeur Drive (PTY(LTD) vs RTMC

PUTCOMAFANI VS RTMC

R230 566.34R5908.62

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.




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 Act24 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 records35 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.




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 Secretariat2017/18 Financial Year

1 Dr. T Kommal initiated a governance dispute in respect of governance.



Employee Relation Unit


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

Chris Willemse, 06/22/18,

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


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.


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.

SANRALQuestions 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

Plaintiff Defendant Initiation date

Completion date Details and status

City of Cape Town SANRAL and others 7/12/2011 22/09/2016 N1/2 Winelands tolling dispute.Matter finalised.

SANRAL First Face Media Pty Ltd 25/9/2014 Ongoing Illegal advertising by First Face Media on Sanral's road.

SANRAL Justice Project South Africa 11/06/2014 OngoingSANRAL took legal action to prevent Justice Project South Africa from misleading the public, about e-toll. Justice Project advised that they will be bringing an application to cure the defects raised in the heads of SANRAL namely misjoinder and non-joinder.

SANRAL Valueline 155 Pty Ltd 26/08/2014 OngoingSANRAL acquired the services of Geldenhuys Malatji Attorneys to assist and advise SANRAL in the recovery of payments due and payable to SANRAL in terms of on demand guarantees that SANRAL entered into with its guarantors (Vusela).

Reinford Sinegugu Zukulu

SANRAL 30/03/2010 Ongoing Wild Coast environmental review application. The defendant finalised and lodged a replying affidavit.

T T Motloung SANRAL Ongoing

TT Motloung through her attorneys requested video footages of an incident which occurred on Sanral's road but refused to follow proper processes. As a result Sanral couldn’t provide such information and was taken to court. The application has since been opposed by Sanral and no action has been taken by the applicant.

SANRAL M& T Development and Others Ongoing

Summonses against the Minister of Transport and the SANRAL were issued by M&T challenging the constitutionality of the provisions of sections 48, 50 and the SANRAL Regulations on Outdoor Advertisements as issued in terms of the SANRAL Act. The alleged constitutional invalidity matter still has to be heard.

Izazi The South African National Road Agency 17/12/2015 12/06/2018SANRAL appointed Webber Wentzel Attorneys to provide legal assistance in payment dispute involving SANRAL and IZAZI.

Rumdel Mazcon Joint Venture

SANRAL 18/03/2016An action was instituted by the contractor claiming compensation for the loss incurred as a result of a community unrest during the construction period. The ruling was made in favour of Sanral and the matter was finalised.

Superway Construction

SANRAL OngoingPayment dispute was lodged by Superway and was disputed by Sanral. Superway served Sanral with summons and we also lodged a counter claim. Plaintiff has since amended their particulars of claim and we are awaiting a court date.

Miway Insurance Ltd SANRAL Ongoing

Miway requested video footages of an incident which occurred on Sanral's road but refused to follow proper processes. As a result Sanral couldn’t provide such information and was taken to court. The application has since been opposed by Sanral and no action has been taken by the applicant.

Face First Media Pty ltd SANRAL Ongoing

An application for leave to appeal the judgement delivered by Judge Bertelsmann on 22 September 2015 was delivered by the the plaintiff.

Udumo trading 26 (Pty) Ltd t/a Ultimate Dynamic

The South African National Road Agency 2017/05/17 Ongoing

Udumo Trading was engaged by SANRAL to construct pedestrian and cyclist facilities on the N12, section 16 in the Ikageng Township. Upon receipt of the performance certificate, Udumo Trading sent a draft final statement to SANRAL with an amount it alleged were due to it. SANRAL and Udumo were unable to agree to the computation of the amount on the draft final statement. Udumo subsequently sued SANRAL for an amount of R 3 314 227.80 with interest at 9.5 per annum. A pre-trial conference was held on 27 September 2017 to facilitate a discussion and to find ways of expediting the process by limitingthe issues between the parties for trial. A discovery affidavit was deposed on 30 May 2018 setting out the documents SANRAL intends to use to prove/ disprove either party’s case in the action.

Adorantha Investments (Pty) Ltd

The South African National Road Agency SOC Limited 30-5-2017 Ongoing

Adorantha instituted an urgent application against SANRL based on SANRAL’s termination of their three contracts in respect of consulting services for wellness projects in the North- West, Gauteng and Mpumalanga Provinces. The termination was based on the subsequent discovery of Adorantha’s invalid BEE Certificate (post award) as well as the was the issuing of invoices to and settlement of invoices by SANRAL when services had not in fact been rendered by Adorantha. Adorantha instituted an urgent application against SANRAL to direct SANRAL to follow the dispute resolution process and to allow them to continue to render services.Subsequent to a court order (dated 29 June 2017) that struck Adorantha’s application off the roll due to a lack of urgency, with costs. Adorantha withdrew the urgent application against SANRAL on 29 January 2018 and consented to tendering the costs thereto. The costs were taxed and allowed on 5 June 2018 in the sum of R121 323.79. A demand for the payment of the costs was sent to Adorantha’s attorneys on 14 June 2018.

Tshireletso Traffic and Road Management (Pty) Ltd

The South African National Roads Agency (SOC) Limited. Second Respondent: City Markings (Pty) Ltd Third Respondent: KBK Engineers (Pty) Ltd

06-10-2017 Ongoing

Attorneys instructed to reject Tshireletso’s demand R48 774 825.66 payment from SANRAL. Tshireletso’s contention is that the tender was awarded incorrectly to City Markings (Pty) Ltd. SANRAL’s rejection was based on Constitutional Court Judgement: Steenkamp NO v Provincial Tender Board of the Eastern Cape (CCT71/05) 2007 (3) SA 121 (CC) which held that delictual damages cannot be claimed by unsuccessful tenderers based on administrative errors by an organ of state.

Openshaw Community Development and Uya Investment Group (Pty) Ltd

Minister of Mineral Resources and The Chief Executive Officer of South African Roads Agency (Incorrectly cited, this should be The South African National Roads Agency (SOC) Limited)

21-11-2017 Ongoing

SANRAL’s Attorneys were instructed to request a Notice of Acting from the Applicantsafter the Applicants filed an amended Notice of Motion following their Notice of Withdrawalfrom the matter. Applicants have not yet responded to our correspondence. We have alsoliaised with the state attorney’s office to take the lead and attend to this matter as themain respondent in the matter.

Jinja Outdoor Advertising Pty limited

The South African National Road Agency 1930/01/18 Ongoing

Jinja has filed a constitutional challenge regarding the validity of sections 48 and 50 of theSANRAL Act. Previously, Jinja lodged an urgent application interdicting SANRAL fromremoving their signs along the national roads, and further to extend the interdict pendingthe outcomes of the constitutional challenge mentioned above. SANRAL attorneys,namely, Gildenhuys Malatji are drafting papers in opposition to Jinja’s main interdictapplication.

Mr S Nhlapo Ms N Modise 2003/04/18 Ongoing

Ms Modise (Sanral employee) received summons in her personal capacity due toallegations of unfair treatment of black contractors. Attorneys have been appointed bySanral to defend Ms Modise because the allegations are as a result of her performing herduties. A Plea and discovery affidavit have been filed. We are now waiting for a Notice of Setdown.

Various

6071 magistrate and high court matters related to outstanding toll on the GFIP toll project. Due to extent of relevant documenation the honourable member is invited to view the information at SANRAL’s premsies in Pretoria.

2016/06/01 Ongoing Awaiting finalisation of the first high court matter to test the various lelgal arguments.

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