The three operators, Mokoka Transport and Plant Hire, JNG Express and Thiphe Holdings moved to the Court of Appeal after the High Court declined to grant their prayers last year. In their application to the High Court, the operators wanted a declaration that the Motor Vehicle Flagging Regulations that were introduced into the Road Traffic Act in 2010 by the then Minister of Transport and Communications, Frank Ramsden unconstitutional.
“….all provisions of Statutory Instrument No 122 of 2010 which provide [for] motor vehicles to be flagged by the Department of Road [Transport]and Safety on the issuance of a traffic ticket or other accusation of an offence under the Road Traffic Act[Chapter 69:01] be and hereby struck down and declared as of no legal force and effect,” the operators argued.
