Intercape wants court to force Mbalula to back bus safety
Minister has not ‘lifted a finger’ to respond to crisis
Long-haul bus operator Intercape has asked the Makhanda high court to force transport minister Fikile Mbalula to implement its court order that he put his ministerial weight behind an action plan to stop taxi violence against bus operators and their passengers in the Eastern Cape.
Mbalula is seeking leave to appeal against the October judgment and says that pending the outcome of the appeal, he has no intention of carrying out the court’s order that he work with the province to put in place steps to provide for the safety and security of Intercape’s staff and passengers.
Intercape says its buses and passengers have been subjected to intolerable levels of intimidation and violence from taxi operators who want a monopoly over certain routes, particularly in the eastern half of the province.
As a result, Butterworth, Cofimvaba, Ngcobo, Tsomo, Dutywa and several other towns have become “no-go” areas for buses.
The court found in October that both Mbalula and transport MEC Xolile Nqatha had failed in their legal duty to take steps to address the violence and gave them 20 days to come up with, and implement, an action plan.
Though Nqatha has indicated he has every intention of doing his bit as ordered by the court, Mbalula sought leave to appeal.
He says in court papers it is Nqatha’s job to take care of road safety in the Eastern Cape.
Intercape chief executive Johann Ferreira, meanwhile, said the minister had refused an invitation to be involved in the execution of the action plan pending the appeal.
He had not “lifted a finger” to respond to the crisis.
“The formulation of the action plan by the MEC alone can neither achieve what the court order contemplated nor adequately address the ongoing violence and intimidation in the Eastern Cape,” Ferreira said in an affidavit.
He is bringing an urgent section 18 application in terms of which he is asking the court to order Mbalula to execute the order notwithstanding the fact that there is an appeal pending. Ferreira is required to show exceptional reasons exist for this.
He said the minister’s involvement was vital.
Already, the MEC had acknowledged capacity constraints which would prevent the allocation of additional law enforcement.
“Regrettably, despite this court having found [Mbalula] to be in breach of his constitutional and statutory duties, the minister has remained entirely passive in response to the violence and intimidation being perpetrated against Intercape’s bus drivers and passengers,” Ferreira said.
He said Mbalula was showing a callous disregard for the safety of people on Eastern Cape roads.
“The circumstances are accordingly plainly exceptional.
“They concern rampant and endemic violence and intimidation against civilians, which has resulted in loss of both limb and life and the contravention of several fundamental rights.”
So extensive and entrenched were the violence and intimidation that Intercape had been forced for several years not to operate or provide its services in areas in which it was licensed to operate.
“The impact of this travesty is felt not only by Intercape and its drivers, but also by the many people who are unable to make use of Intercape’s services in circumstances when they would otherwise present their most efficient and cost-effective mode of transportation.”
Intercape’s correspondent attorney in Makhanda, Owen Huxtable, said the application was due to be argued on December 14.
Court papers reveal that:
• In just 13 months, Intercape had lodged 150 criminal complaints involving intimidation and violence against staff, property and passengers, of which 70 had been in the Eastern Cape;
• Intercape is suffering financial losses totalling R2.9m every month as a result of not being able to operate in “no-go areas” in the province;
• Its total loss since the violence and intimidation started in 2020 amounts to about R34m; and
• It incurs additional costs of about R700,000 a month for security. – Daily Dispatch