The High Court has dismissed a judicial review application brought by driving instructor Mohammed Sareem, ruling that the Land Transport Authority (LTA) acted within its powers when it issued him a “First Warning Letter” in August 2023 for alleged breaches of the Land Transport Act 1988.
In a judgment delivered by Justice Usaia Ratuvili on July 30, the Court found that the warning, issued following Mr Sareem’s online promotion of forklift training without the proper instructor class permit or school certification, was lawful, proportionate, and did not violate principles of natural justice.
Mr Sareem, who holds Driving Instructor’s Permit No. 215 for Class 2 vehicles, was cited by the LTA for promotional posts on Suva Forklift Hire’s Facebook page, offering Class 9 (forklift) training for $470.
The LTA argued that Mr Sareem was not certified to instruct in that class and that his business was not a registered driving school, breaching Section 60 and relevant Regulations.
Challenging the warning, Mr Sareem argued the LTA acted ultra vires, failed to provide sufficient evidence, misinterpreted the law, and denied him procedural fairness, raising concerns that the warning would prejudice his permit renewal.
However, the Court ruled that under Section 12 of the Act and Regulation 44, the LTA had discretion to issue such a warning without initiating a cancellation or prosecution. Justice Ratuvili noted that the warning neither suspended Mr Sareem’s permit nor imposed any legal penalty.
“This less severe sanction was allowed by law,” said Justice Ratuvili.
The Court further found that Mr Sareem was informed of the allegations, fulfilling natural justice requirements.
Mr Sareem has been ordered to pay $1,000 in costs to the LTA, with one month to comply.