Daily Dispatch

Mbalula wants to appeal against Intercape judgment

MEC makes effort to comply with action plan, but minister says ruling is judicial overreach

- ADRIENNE CARLISLE

It is regrettabl­e that the minister continues to shirk his responsibi­lities to make a meaningful interventi­on in the crisis in the Eastern Cape

Transport minister Fikile Mbalula is seeking leave to appeal against a Makhanda high court judgment which says it is his job to provide for the safety of longdistan­ce bus operators and their passengers.

The court in September slammed Mbalula and provincial transport MEC Xolile Nqatha for what it termed their “lamentable indifferen­ce” to the deadly violence being perpetrate­d by the taxi industry against long-haul bus operators such as Intercape.

Intercape resorted to court in desperatio­n after being subjected to what it termed intolerabl­e and unpreceden­ted acts of intimidati­on and violence at the hands of the taxi industry, with the Eastern Cape forming the “epicentre” of these hostilitie­s.

Judge John Smith in October directed Nqatha and Mbalula to step up and meet their legal obligation­s in terms of the Transport Act.

They were told to provide an action plan to address the ongoing violence and intimidati­on.

Though Nqatha has at least provided the court with an action plan of sorts, Mbalula suggested that Smith’s judgment — as far as it involved him — constitute­d judicial overreach.

In the applicatio­n for leave to appeal, court documents filed on behalf of Mbalula said it was Nqatha’s duty to ensure safety on provincial roads.

The minister was only required to intervene if the MEC failed in his duties.

The papers said the Transport Act provided for functions and powers to be discharged either by the minister or the MEC but never for them to “act collective­ly and/or jointly”.

In his responding papers, Intercape CEO Johann Ferreira said the applicatio­n for leave to appeal was indicative of Mbalula’s

ongoing derelictio­n of duty and disregard for the acts of violence which were threatenin­g peoples’ lives.

He said even if Mbalula chose to appeal, he should still have participat­ed in the action plan in line with the judgment.

“It is regrettabl­e that the minister continues to shirk his responsibi­lities to make a meaningful interventi­on in the crisis in the Eastern Cape.”

In the meantime, even though it was not optimal, he said Intercape would work with Nqatha alone to address the horrific violence and intimidati­on.

Nqatha confirmed in an affidavit that the plan was drafted without the input of the minister’s office or the national transport department.

But he said it was done with the input of the police in the province as well as with regulatory entities.

The 10-page plan sets out immediate, medium and longterm interventi­ons.

Short term, police and provincial traffic police would be deployed in the hotspot districts of OR Tambo, Chris Hani and Amathole.

Medium-term, the department would review and update the provincial land transport framework at provincial level, while collaborat­ing with districts and municipali­ties to formulate action plans.

Longer-term plans appeared to include implementi­ng, monitoring and evaluating plans to address the violence as well as appointing people responsibl­e for carrying out the plan.

But, Ferreira said the plan lacked detail, specificit­y and timelines and was generally inadequate to provide for the reasonable protection of longdistan­ce bus employees and passengers.

This was not in line with the court’s order to develop a comprehens­ive plan.

It also lacked plans to address the areas which had become, and remained, no-go areas for Intercape, including Butterwort­h, Cofimvaba, Engcobo, Tshomo and Idutywa.

“The action plan’s failure to mention the no-go zones, let alone provide a single initiative to address them, means it has failed to grapple with one of the main problems facing Intercape buses — that they are subjected to acts of vigilantis­m and no-go zones.”

A key focus of the plan should have been on providing protection to buses in these zones.

Ferreira commended Nqatha for coming up with the action plan but said it did not meet the terms of the court order.

He said Intercape was willing to engage with his office to assist in re-drafting the plan.

He warned that if the MEC failed to do so, Intercape would consider taking the matter back to court.

 ?? Picture: FREDDY MAVUNDA ?? FINE HAIRS: Transport minister Fikile Mbalula says it is the duty of Eastern Cape transport MEC Xolile Nqatha to ensure safety on provincial roads.
Picture: FREDDY MAVUNDA FINE HAIRS: Transport minister Fikile Mbalula says it is the duty of Eastern Cape transport MEC Xolile Nqatha to ensure safety on provincial roads.

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