In August 2018, former Western Cape Member of the Provincial Legislature Nceba Hinana laid a complaint with the public protector, asking Busisiwe Mkhwebane to investigate the causes behind “the myriad failures of Metrorail in the Western Cape, under the mismanagement by the Ministry of Transport and Prasa. Metrorail in the Western Cape continues to suffer from inadequate infrastructure, safety concerns, and delays and cancellations.” 

Hinana described Western Cape trains as “fatally unsafe” – no surprise, as at the time train fires were almost a weekly occurrence. 

“Public Protector, I call on you to investigate how under the leadership of [former Transport] Minister [Blade] Nzimande, our trains continue to burn and how our railway line cannot even function at minimum capacity,” wrote Hinana to Mkhwebane. 

The public protector’s Western Cape office accepted the complaint and a senior investigator was assigned to the case. In May 2019, when asked by Daily Maverick for an update into the investigation, Public Protector spokesperson Oupa Segalwe said, “An update is that our preliminary investigation to determine the merits of the complaint and the manner in which the matter should be dealt with is at an advanced stage.”

But it’s 2020 and there is still no sign of the report. Following Hinana’s move to the National Assembly, his replacement as the chairperson of the Standing Committee on Transport and Public Works, Daylin Mitchell, told Daily Maverick he has now taken responsibility for the complaint.  

“To date, I have been told by the public protector’s office that the investigation is still ongoing but that progress is being made. As a result, I have not laid a complaint with the public protector. However, I am following up regularly to determine the status of the investigation as it is of utmost importance to the Western Cape,” said Mitchell. 

Segalwe told Daily Maverick the “investigation is ongoing but nearing finality”. 

In the meantime, Mitchell told Daily Maverick that he has invited Transport Minister Fikile Mbalula to “urgently appear before my standing committee to account for the train crisis in the Western Cape, and I eagerly await correspondence from his office to confirm a date. Once this has been confirmed, I will liaise with Metrorail and Prasa to accompany the minister to this committee.” 

Mitchell said he hoped this would take place once the Western Cape parliament has reopened after the holiday break. 

The Western Cape police ombudsman is also investigating arson and vandalism at Metrorail and its subsidiary Prasa. 

The ombudsman is tasked with “an urgent investigation into the Western Cape SAPS inability to resolve the deliberate attack on railway infrastructure in the Western Cape,” said Western Cape Provincial Minister of Community Safety Albert Fritz in late November, following an arson attack which caused about R33-million in damages. 

Public comment and information on the arson attacks in the province are due on 31 January 2020, said Fritz. This will be followed by interviews and further gathering of evidence. 

Western Cape police ombudsman spokesperson Deidre Foster told Daily Maverick the investigation should take three months to complete. DM