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Intercape has welcomed the order handed down by the High Court in Mkhanda for government and elected political office bearers to fulfill their obligations to maintain law and order.

Judge John Smith on Friday handed down an order in a case which Intercape brought against the Eastern Cape Transport MEC and Transport Minister Fikile Mbalula to “take positive steps to ensure that reasonable and effective measures are in place to provide for the safety and security of long-distance bus drivers and passengers in the Eastern Cape”.  

In vindication of Intercape’s years long pleas for intervention, Judge Smith declared that the MEC and Minister Mbalula had failed to take positive steps to ensure that measures are put in place to provide for the safety and security of long-distance bus drivers and passengers in the Eastern Cape. The court found that the MEC and Minister had an obligation to do so.

The Judge also found that the MEC had “acted unlawfully” when she directed Intercape to enter into negotiations with the minibus taxi industry and to suspend its services in certain towns in the Eastern Cape pending the outcome of these negotiations.  

The order also requires practical measures to be implemented, including the formulation of an action plan with the South African Police Service, with steps that the Minister and the MEC intend taking to ensure that reasonable and effective measures are put in place to provide for the safety and security of long-distance bus drivers and passengers in the Eastern Cape. The action plan must be delivered within 20 days, being the 28th of October 2022. 

Judge Smith further ordered that measures provided for in the National Land Transport Act be considered - including extraordinary measures, such as the closure of taxi routes and ranks in a declared area and the suspension of operating licences or permits in a declared area.

Judge Smith awarded costs in Intercape’s favour, on a punitive scale against the Eastern Cape Transport MEC and Minister of Transport. Reasons for the order will be made public on a later date.

Intercape CEO Johann Ferreira said the court order was an important step in holding responsible Ministers and other office bearers to account and to prevent the “gross dereliction” of their duties.

“It is our hope that this court order will be the spur for government, through the ministers of transport and police, to take decisive and meaningful action to stop this criminality and to bring those responsible to book. We are ready to work with government.   

“Sadly, it rings true that ‘blood alone moves the wheels of history’ and in this case it was the loss of an innocent life in Intercape driver Bangikhaya Machana,” he added.

The order follows the company’s long-standing calls for government departments and agencies to act against the unchecked lawlessness by the minibus taxi industry.

Intercape approached the court seeking urgent intervention to compel government to act to stop the ongoing campaign of violence directed at Intercape and other long-distance coach companies by taxi associations.

Intercape told the court that in recent months “the intimidation and violence in the Eastern Cape has escalated to unprecedented and intolerable heights” and that certain towns in the Eastern Cape had been unlawfully closed off to long-distance coach operators. 

To date, the towns of Ngcobo, Cofimvaba, Tsomo, Butterworth and Idutywa in the province are still considered no-go zones for Intercape despite pleas by the public to reopen these stops. Commuters are now forced to only make use of minibus taxis. 

Ferreira said following the court order: “We had forewarned the Minister of Transport, as well as the Minister of Police, about the storm that was building against the long-distance coach industry but nothing was done.”

“We wrote to the President of the Republic of South Africa, to the responsible ministers, to senior police and the provincial government in the Eastern Cape to plead for assistance but to no avail. We have paid a very dear price for this inaction and ineptitude.”

To date, despite numerous attacks and incidents of intimidation and clear evidence of such being provided to the police, there has not been a single arrest in the Eastern Cape which is the epicentre of the violence directed at the long-distance coach industry. 

Also listed as respondents in the application were the Eastern Cape provincial Police Commissioner, the National Commissioner of Police, the National Public Transport Regulator, and the Eastern Cape Provincial Regulatory Entity. These parties elected not to oppose Intercape’s application. 

A key part of Intercape’s case centered on the engagement with the former MEC for Transport in the Eastern Cape, Weziwe Tikana-Gxothiwe, who, when approached for urgent intervention, advised Intercape to meet with the implicated taxi associations to thrash out an agreement over routes. The MEC further ordered Intercape to suspend all services on the affected routes until such time as an agreement had been reached. These requests were declared to be unlawful in the order handed down on Friday.

“That we could be instructed by an officer of the State to do something that was patently illegal to benefit a criminal enterprise is an outrage. Our lawyers told the MEC so at the time – this was a complete dereliction of duty by an elected office bearer who took an oath of office to uphold the Constitution of this country,” Ferreira added.

“It is completely unsurprising then, that these rogue taxi associations became emboldened and brazen to the point where they have acted with absolutely impunity in front of members of the South African Police Service, knowing that the State is unwilling, incapable, or worse, complicit, in what is taking place.”

Ferreira pointed to the takeover of industries such as mining and construction, and the complete collapse of key infrastructure such as rail as evidence of a State which has failed in its Constitutional mandates and allowed criminal and mafia-style syndicates to take control of key sectors of the economy and society.

“President Ramaphosa must stop mouthing platitudes about solving the country’s deep issues, growing the economy and creating jobs, when he keeps in place and tolerates Ministers and other elected officials who are wholly incapable of fulfilling even the most basic of duties.” 

“This country is sinking fast and very little stands between what remains and a completely failed state,” he added. “There is a massive crisis of leadership in South Africa, and we see it reflected in failed state enterprises and key sectors all over our economy.”

“There is frustration and concern from both the citizenry and business over these ongoing failures on the part of the state,” he said. “The consequence of all of this is a country in utter chaos where mafia networks are now in control. We must decide as a country what kind of future we want.”

For Intercape, the court’s findings are a great victory. However, Ferreira said it was deeply unfortunate that a Court had to direct the Minister and MEC to fulfill their duties after Intercape had written to the transport authorities, including the Minister and the MEC, over many years and on many occasions requesting urgent intervention. 

He added that despite having to bring the matter before the courts, Intercape remains committed to restoring safety and security within the Public Transport Industry and looks forward to effective engagements with the Minister and the MEC. 

SIDEBAR 

Intercape offers substantial reward to bring perpetrators of violence to book

Intercape has taken the initiative to offer a reward following no support from the SA Police Service.

Intercape has been the victim of more than 130 reported incidents of violence, intimidation and extortion over the past 18 months. These attacks have resulted in serious injuries to Intercape staff and passengers, as well as the death of Intercape driver Bangikhaya Machana in April. 

In recent months, the attacks have become “increasingly more frequent, increasingly more brazen, and increasingly more severe”. Despite the increase in the number and intensity of attacks, particularly in the Eastern Cape, there has not been a single arrest to date.

Intercape believes that it the company is the target of a concerted, organised and structured campaign to push it out of certain areas, including the Eastern Cape. 

A reward of R150 000.00 is offered for information which leads to the arrest and successful prosecution of the individuals responsible for attacks on its buses, including those who shot at or stoned Intercape buses.

A reward of R300 000.00 is offered for information which leads to the arrest and successful prosecution of the individual(s) responsible for organising and leading this campaign against Intercape. 

All information provided, as well as the source thereof, will be treated with the utmost confidentiality. All relevant information may be submitted to helpus@intercape.co.za or by contacting 087 8202 170

The perpetrators behind the campaign of violence has:

prevented coach companies from operating out of certain towns in the Eastern Cape

demanded that coach companies pay large sums in extortion money to operate in certain areas

insisted that coach companies increase their fares

demanded that companies limit the number of coaches operating on routes

also demanded that coach companies alter their operating times

ordered retailers selling coach tickets to no longer do so

When Intercape refused to accede to these illegal and extortionist demands, the company became the target of violent attacks which included:

numerous shooting and stoning incidents

acts of intimidation where Intercape drivers were pulled from vehicles and assaulted

passengers forced off coaches and into taxis at gunpoint

taxis blockaded major routes and prevented coaches from leaving

Issued by Intercape