Mbalula must rethink stance on bus violence

Long-distance bus operators such as Intercape have identified this province as the epicentre of taxi violence and intimidation against their drivers and those they seek to transport. Intercape alone reported 70 cases of violence and intimidation against its drivers and passengers over just a single year. Several towns, including Ngcobo, Cofimvaba, Butterworth and Dutywa, have become no-go zones for bus operators because of the violence visited on their vehicles, staff and passengers. They have been stoned and shot at and forced off the road, drivers have been assaulted and their buses illegally “impounded” by taxi operators who say they don’t want to compete with the lower bus fares.

The Makhanda high court found in September that transport minister Fikile Mbalula and provincial transport MEC Xolile Nqatha had shown “lamentable indifference” to this deadly onslaught and ordered them to jointly address the issue, as required by the National Land Transport Act.

In Nqatha’s defence, he took over the transport portfolio only in August, after his predecessor, Weziwe Tikanagxothiwe, had made a horrible mess of it.

So outrageous was her behaviour in siding with taxi operators against Intercape that the court was moved to rule as unlawful her actions supporting their demands for route monopoly.

After September’s ruling, Intercape remained hopeful that the minister and MEC would come up with a courtordered plan to address the many safety concerns of the bus industry. Nqatha at least tried to do so, but Mbalula wants no part of it.

He is appealing against the judgment. His department says in court papers that nowhere in the Transport Act does it say that he has an obligation to work “jointly” with the MEC to ensure the safety on the roads. Instead, he suggests, it is up to the MEC to go it alone.

It seems unlikely that the legislation says anything of the sort. In fact, the constitution and all subordinate legislation specifies that the three spheres of government should cooperate to provide citizens with services.

Local, provincial and national government are supposed to “assist and support each other”, share information and coordinate their efforts.

This is surely particularly true where hostilities against buses happen across provincial borders.

For Mbalula to declare it is not his problem is absurd and dangerous. Whether intended or not, it sends a clear message to bus operators and the thousands of passengers that they are alone in their vulnerable, dangerous journeys into and out of the province.

Their safety is not the minister’s concern. Hopefully, Mbalula will see how his appeal is publicly perceived and withdraw it.

He needs to let people know their lives matter and that he will throw his department’s weight and resources behind Nqatha’s efforts to ensure law and order on our roads.

For Mbalula to declare it is not his problem is absurd and dangerous