Intercape media statement:
President Cyril Ramaphosa must appoint a competent person to the critical transport portfolio who is able to bring order, stability and accountability to the sector.
This is according to Intercape CEO Johann Ferreira following the handing down of a full judgment by the Makhanda High Court in the Eastern Cape on Tuesday, 10 January 2023.
Transport Minister Fikile Mbalula’s conduct with regard to addressing the crisis facing the long-distance coach industry in South Africa was again brought into serious question.
Judge John Smith said: “I must say, however, that the Minister’s resistance to cooperation with the provincial authorities is rather surprising, particularly having regard to the fact that our constitutional dispensation is founded upon the principle of cooperative governance.”
The court judgment is the latest development in a long battle by long-distance coach operator Intercape to force authorities to address a campaign of terror acts directed at the company and its operations.
Timeline of court proceedings
Intercape has been the target of almost 150 incidents, including shootings and stonings
To date, there has not been a single conviction despite overwhelming evidence
In September 2022, Intercape approached the Makhanda High Court to force the Minister and MEC for Transport in the Eastern Cape to put in place reasonable and effective measures to provide for the safety and security of long-distance bus drivers and passengers in the Eastern Cape
The High Court agreed and on 30 September 2022 ordered the Minister and MEC to urgently draft a plan of action
In October 2022, Transport Minister Mbalula appealed against the order
Intercape approached the Court to apply for a special order that the order made by the Court would remain enforceable pending the Minister’s appeal and, consequently, that the Minister must participate in the formulation of the action plan notwithstanding his appeal. This order was granted on 14 December 2022
Minister Mbalula’s application for leave to appeal was heard on 14 December 2022
On 10 January 2023, the Makhanda High Court dismisses Minister Mbalula’s application for leave to appeal with costs
Cost of Mbalula inaction
In terms of the original court order, the Transport Minister must immediately, and with the utmost urgency, develop and implement an action plan to ensure the safety of long-distance coach drivers and passengers.
Judge Smith dismissed the Minister’s application for leave to appeal with costs, including the costs of two counsel. These costs are in addition to the costs ordered against the Minister in the main application on a punitive scale.
According to Ferreira, Mbalula wasted time and valuable state resources, including legal costs now running into millions of rands.
“All this legal action and associated costs have been totally unnecessary, if only Minister Mbalula had done his job,” Ferreira said.
New Transport Minister
Mbalula was late last year elected as secretary general of the ANC, a full-time position at the party’s headquarters in Luthuli House in Johannesburg. This will necessitate the vacating of his ministerial post. President Ramaphosa is expected to announce a Cabinet reshuffle in the coming weeks.
“Now that he has to vacate his Cabinet position, it is our hope that President Ramaphosa – if he is truly serious about reform – will appoint a Minister who will bring order and stability back to the transport sector. That is all we needed Minister Mbalula to do, but that was clearly beyond him.”
Police Minister to also be held to account
Ferreira had a word of caution for Police Minister Bheki Cele who he also accused of failing in his duty. “We have called on the SAPS to fulfil their function. To date, they have also failed. It is our intention to follow the same legal approach with Minister Cele as we have done with Minister Mbalula,” he said. “Both have failed in their Constitutional obligations and we are turning to the courts to force them to act.”
According to Ferreira, the issues facing the public transport sector are multi-faceted and “do not end with Minister Mbalula”.
He said it cannot be that there have nearly 150 cases opened with the SAPS in the Eastern Cape and not a single arrest or conviction despite Intercape handing over mountains of evidence of criminality, including acts of intimidation and extortion.
“We are going to hold the Minister of Police to account for this unforgiveable failure to uphold law and order which enabled anarchy to take hold.”
Reopening of no-go zones
Ferreira said Intercape would soon be restarting operations in five Eastern Cape towns which had become “no-go zones” after local taxi associations had prevented long-distance coaches from stopping and operating on their turf.
“There is a plan of action on the table which has been prepared by the MEC for Transport in collaboration with the police and the Minister of Transport, which indicates that we can begin operating from these towns again.”
The no-go zones include Cofimvaba, Butterworth, Engcobo, Tshomo and Idutywa.
Ferreira said Intercape accepted the plan of action in its current form “as a bare minimum”.
“We have given extensive input and been incredibly patient as we waited on authorities to put together a coherent response,” he added.
“Authorities know the threat. They have been made fully aware of the nature of the threat. They also know the source of the threat and we expect them to do their duty to us and the thousands of passengers who make use of our services.”
Intercape added that in addition to police and transport authorities, the company was taking additional security measures to increase the safety and wellbeing of its employees and customers.
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