TRANSPORT CONFLICT
Fikile Mbalula fights against order to protect Intercape from ‘violent’ taxi associations
Transport Minister Fikile Mbalula is appealing against an Eastern Cape High Court order compelling him to draft an action plan to stop the attacks on Intercape’s long-distance buses. The festive season is around the corner and thousands of travellers using Intercape buses could be left unprotected.
The court order was issued on Friday, 30 September after Intercape sought urgent relief from the Eastern Cape High Court in Makhanda, which would allow safe passage for its buses through the area. The matter was heard on 19 September.
At the time of the hearing, more than 150 shootings, stonings and other acts of violence and intimidation directed at Intercape bus drivers and passengers had been reported to police in Gauteng and the Eastern and Western Cape.
Judge John Smith found that Transport Minister Fikile Mbalula had failed to coordinate with the SA Police Service and integrate efforts to provide protection and support to Intercape against the more than 150 acts of intimidation and violence reported against assets and passengers.
Parts of the Eastern Cape have been a no-go zone for Intercape buses due to the company’s refusal to give in to demands by the taxi industry over where and when the company can operate, and what their tickets should cost.
Read more in Daily Maverick: “Government must act to stop attacks on long-distance buses, Parliament told”
Intercape instituted legal action after the murder of one of its drivers, Bangikhaya Machana, in April this year.
Read more in Daily Maverick: “Murder of long-distance bus driver part of ‘campaign of violence’ against industry, says Intercape boss”
Action plan
The court directed that Mbalula and the Eastern Cape MEC for Transport, Xolile Edmund Nqatha, must — within 20 days — develop a comprehensive action plan in consultation with the police.
The judge also ruled that former Eastern Cape transport MEC Weziwe Tikana-Gxothiwe acted “unlawfully” when she required Intercape on 27 May 2022 to “engage in negotiations with representatives of the minibus taxi industry for purposes of regulating the price, frequency or time of Intercape services in the EC and suspend its services pending the outcome of those negotiations”.
Mbalula was expected to file his action plan on 28 October, but instead filed papers appealing against the court’s decision.
The DA’s Western Cape spokesperson on transport, Ricardo Mackenzie, has criticised Mbalula’s decision to appeal against the order.
Mackenzie says he is worried about the upcoming festive season when thousands of people are expected to make use of interprovincial buses. He says that without the action plan, he fears the attacks on Intercape are likely to continue.
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“The minister has been presented with a perfect opportunity to counter the brazen criminality within the long-distance transport industry… However, he chose to shirk his responsibility,” Mackenzie said.
Colonel Priscilla Naidu of SAPS Eastern Cape has indicated that the police are aware of the court order and are busy studying it. The same applies to the Eastern Cape’s MEC for transport.
The court found that the violence was not random, but was part of a deliberate strategy on the part of certain taxi associations to intimidate and coerce Intercape into agreeing to the unlawful demands of those taxi associations.
When Intercape refused to accede to these demands, it was met with further acts of violence directed at its buses, drivers and passengers.
The instigators then created “no-go zones”, making it impossible for the company to operate in Cofimvaba, Butterworth, Engcobo, Tsomo and Idutywa.
The judge said that “the facts of this case show that unless the Minister (Mbalula) and the MEC for Transport in the Eastern Cape are directed to develop an action plan and to be proactive in ensuring coordination between the various stakeholders, nothing will be done.
“In the face of functionaries’ complete failure to discharge their legal obligations, it is appropriate that they must be directed to develop the plan that is urgently needed, and to report to the court so that its adequacy can be assessed.”
Neither Mbalula nor Tikana-Gxothiwe filed answering or confirmatory affidavits during the initial hearing.
‘Haughty dismissal’
The judge continued: “The minister has also unfortunately decided to remain silent in the face of allegations that he has haughtily dismissed Intercape’s desperate pleas for intervention in the crisis by adopting the attitude that it is an Eastern Cape problem.”
Judge Smith said that in this case, the “grinding of the wheels” will not even begin unless the MEC and Mbalula are enjoined by the court to comply with their statutory obligations.
On 3 November, Daily Maverick approached Mbalula’s office for comment. His spokesperson, Lwaphesheya Khoza, said the department’s legal team would provide a reply.
The reply is yet to come. DM
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The ANC government’s epitaph –
“In the face of functionaries’ complete failure to discharge their legal obligations….”
Is there a psychological condition for those who repeatedly support a politician or party which consistently ruins their lives?
what a waste of space Mbulula is. But then he an ANC stooge, so we shouldn’t expect anything else
Once again a example of how inept this human being is, the railways have fallen apart on his watch, our national highways are crumbling and all he does is ……………….. okay I give up, what does he actually do?
Ironically, the only thing he is actually doing, is actively opposing an order that he does something.
Priceless!
I applaud the judges’ stance on this and really hope that he throws the book at Mbalula, one of the worst ministers this country has ever seen (which is quite an achievement). He is clearly protecting the EC MEC for Transport who is likely in cahoots with the perpetrators.
It’s hard to avoid the suspicion that the protection of the taxi industry is one of the unspoken policies of the ANC or factions thereof. This also explains the steadfast refusal of the party despite multiple opportunities to deal with corruption at Prasa.
Makes sense though. The taxi network would make a near-perfect guerrilla motorised division: invisible, ubiquitous and cheap.
Vote DA.
It’s about time that Personal cost orders are instituted against ministers who appeal against a judgement and lose!
It is far too easy for these people to instruct their lawyers to appeal, oppose and take on review judgements knowing that the bill will be footed by the taxpayer.
Absolutely right
They are very happy to spend our money with all their useless legal appeals
One wonders what stake Mbulula and the EC MEC has in the taxi industry? Somebody is lining their already over full pockets.
“The minister has been presented with a perfect opportunity to counter the brazen criminality within the long-distance transport industry… However, he chose to shirk his responsibility,” Mackenzie said.
Is this not what these useless ANC stooges do? Now, it’s easier to run to appeal the court decision, using tax payer money, than to care 2 cents about the commuters who place their lives at risk and the loyal workers and Costly busses of Intercape.
If politicians were forced to use public transport and state hospitals, we would quickly hear a different tune.
&#@% me (the expletive is justified), what a useless individual. You would think that Cyril would have got involved to reign in this mampara. All of ANC is useless, there are no good ANC politicians, none, nada, niks. If they were any good they would have left the organisation. They stay to benefit from the patronage dished out, not to make a difference – plunderers!!
Redeploy the minister’s VIP detail to protect the Intercape busses, and he can take public transport to get around like his fellow citizens. I’m sure the local taxi associations would be happy to oblige.
Good idea!
And at their weekend ‘conference’ a crowd of youths calling themselves the ANCYL, voted to support Fikile Mbalula as ANC Secretary-General.
This is Afrika, after all…..
Intimidation and unlawful behaviour seems to be the order of the day nowadays. Until this is firmly dealt with it will continue until nothing is governable or safe. A larger pure example of this is the invasion of Ukraine by Russia….the intimidation from Bolsenaro against Lulu’s electoral win inBrazil, the Chinese Governments intimidation of successful entrepreneurs …and Modi’s intimidation against the Muslim population in India – seems to be a BRICS state of mind…perhaps it’s time we left the Club?
Interesting! And I wonder how many taxis he, his family and close comrades have shares in?
To all the youth of this country, vote the ANC out of government and you will start to see a coalition government working for you. There are good opposition parties and individuals that run functional Cities, Towns and Provinces. We need this good governance in our State institutions.
I ask why Mabalula is not doing his job ? should he be charged with culpable homicide for all the people who have died in this violence. Why is the ANC so determined to destroy the country and crush the citizens. Why do we tolerate this. What is wrong with us.
I think what is happening is that too many of the ANC law makers at all levels are on the side of the criminals, that is why they are reluctant to see that the law is enforced so that we as law-abiding citizens are safe. It is also why the African nationalist assertion that in traditional African law there were no criminals or crimes (which assertion is directly in conflict with what stands in the literature, by the way) – because they want criminals to have their way. And I don’t want to be derogative towards the many taxi’s and taxi owners who are law-abiding citizens, they have to be protected too, but why are the taxi associations allowed to get away all too often by taking the law in their own hands, enforcing their own wishes against that of law-abiding citizens? And as far as I know it has been the case for at least 20 years. It can only be because the ANC is allowing it on purpose. If SA wants to solve the lack of investment, then, according to me, consistent and proper enforcement of law and order at all levels, from illegal entry into SA, to the taxi industry, to corrupt activities, to members of legislative bodies who trespass the law, and in all other aspects, has to start to happen ASAP. If I was a businessman, I would only invest if not only my investment, but also those who would be controlling them, are safe.
I don’t think that it is necessarily Mbalula that is so useless. What this criminality is prove of is that the allegations that the ANC is aiding the criminals against law-abiding citizens are justified. I don’t know what the State Presidents’ strategy is regarding the beefing up of law and order, but up til now it clearly has not been nearly enough. And this article is implying that the dept of Transport is actually complicit in this. This applies specifically to the support of the government to the taxi industry even when they are acting illegally. I mean, as long as their actions are legal, it is OK for the government to support them, but in this case they are taking the law into their own hands and the government is opposing enforcement of the law against that. Also, this is not the first time something similar is happening – the taxi industry often tries to enforce their own rogue regulations against the bus industry, and this arrogant attitude stems from the governments reluctance to enforce the law. I propose that the SAPS develop SWAT teams for every district, municipality and town on an urgent basis to start to enforce the law in every aspect, so that we as law-abiding citizens can feel safe in the streets and on the roads again.