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Massive win for public transport in South Africa

The Eastern Cape Division of the High Court has dismissed an appeal by the provincial MEC for Transport and the South African Police Services (SAPS) who sought to turn over a previous ruling that compelled the entities to to come up with measures to protect bus drivers and passengers on long-distance routes.

The fifth and final ruling in the court battle, which has been ongoing since September 2022, now obliges the Department of Transport (DoT) and SAPS to devise comprehensive measures to protect bus drivers and passengers on long-distance routes operated by Intercape, Southern Africa’s largest bus service.

Officials were due to deliver a revised plan to tackle violence against long-distance buses by early September 2023, after previous measures were deemed inadequate.

However, with the deadline fast approaching, the authorities asked Intercape for an extension, which was refused. The MEC and commissioners then appealed the ruling.

In his latest ruling, Judge John Smith said the MEC and SAPS had acted inconsistently with an intention to appeal, as evidenced by their request for an extension and further revision of the action plan.

This forfeited their right to appeal and they backtracked when they realised they would be in contempt of court.

“No person can be allowed to approbate and reprobate, in other words, to take up two positions inconsistent with each other,” the judge wrote.

He also dismissed the contention that Intercape would unfairly benefit from an improved safety plan, as the case brought by the company was generally aimed at ensuring the safety and security of all coach drivers, passengers, and organisations in South Africa.

Furthermore, the court found that police only carried out investigations to a “limited extent” and did not develop an overall strategy to deal with an “orchestrated campaign” against Intercape by the taxi industry. The SAPS did not inform the Hawks, either, who could’ve brought specialist skills to assist with the issue.

Claims by the Transport Minister, the MEC, and the police commissioners that the duration of the relief being sought against them to provide protection is uncertain were also dismissed as “indefensible”.

“Intercape’s victory is a significant milestone in the fight against organised crime, for safer public transport and providing more options for South African commuters,” said Intercape Executive Chairman and Chief Executive Officer Johann Ferreira.

“This judgment serves as a reminder of the critical need for effective and timely action by public authorities. Cele and Mbalula should be held personally responsible for wasting taxpayers’ money. That’s how we can hold ministers accountable.”

Intercape under siege

Since 2015, Intercape’s buses have faced a barrage of attacks by taxi drivers and associations seeking to “defend their turf.”

Several passengers have been injured, and Intercape drivers have even been fatally shot, but no arrests have been made yet.

The company highlighted the following registered cases of violence and intimidation that have plagued its services over the past nine years:

Crime Cases registered countrywide Cases registered in Eastern Cape
Violent intimidation of passengers and drivers, prohibiting coaches to load and off-load 100 90
Violent intimidation of staff and passengers at offices 15 12
Attempted murder incidents with firearms 31 19
Attempted murder – Coaches stoned 46 40
Total 192 161

Despite this being the fifth judgment in Intercape’s favour by the courts, none of the previous rulings have spurred the government nor the police to take action.

A court order that the SAPS must escort Intercape buses has virtually been ignored, too. The SAPS Commissioner was held in contempt of court, and even that did not result in sufficient action.

Intercape also wrote to President Cyril Ramaphosa seeking protection for the vital service it provides to many of the country’s lower-income travellers, which fell on deaf ears.

“The government has fought this tooth and nail, costing the taxpayer millions of rands in legal fees, instead of coming up with a plan – not only to do what is legally right by complying with a court order, but to fulfil its constitutional mandate by ensuring the safety of its people,” said Ferreira.

“This ends their fight of not wanting to protect the citizens of South Africa from criminals. It is a classic example of the government’s incompetence and lack of interest in protecting the people of South Africa.”

Intercape is hopeful that the Government of National Unity under new Transport Minister Barbara Creecy and Police Minister Senzo Mchunu will comply with the court’s orders.

“The previous government had no respect for the law or for people’s lives,” Ferreira concluded.

“By doing nothing they failed. They gave the impression that they were in cahoots with the taxi industry and effectively handed over the entire intercity transport industry to the mafia.”

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