During the past few weeks there was a violent incident caught on video between Cape Town law enforcement and a taxi driver. While the footage is indeed shocking and the resultant shocked commentary totally warranted, it was (at least to me) not surprising. I would even be so bold as to say it was coming.
Now let us be clear that I have no interest in a debate about whether or not taxis are a nuisance and have a legitimate mandate to go about their work – that is a moot point. What I want us to do is pause the hysteria for a moment and unpack the real reason the incident happened.
A research paper published in 2016 by the South African Crime Quarterly, titled “A VIOLENT LEGACY: The taxi industry and government at loggerheads”, gives a background account of the taxi industry’s history and its legacy of operation outside the official transport system. It explains: “The minibus taxi industry emerged in the wake of the apartheid government’s policy of economic deregulation, initiated in 1987. Prior to deregulation, black taxi operators had to defy apartheid laws and strict regulations that were prejudicial to blacks.
“Transport regulations – chiefly embodied in the Motor Carrier Transportation Act of 1930 – stipulated that no transportation of goods or passengers was allowed without permission from a Local Road Transportation Board (LRTB)," the researchers explain.
“Obtaining a permit from the LRTB was all but impossible for black operators who, falling under the discriminatory influx control system, found it difficult to prove that they had a good employment record, had lived in the magisterial district as legally registered tenants for a number of years, and were in possession of a Daily Labourer’s Permit.
In effect, the system meant that more than 90% of taxi permit applications by blacks were rejected. Under such circumstances, most black taxi operators operated illegally, using private saloon vehicles as taxis.”
What we now know of the taxi industry can be linked to this, yes, but it has since been distorted and seems to have been used as a blueprint to normalise operating outside of the law, even in democratic South Africa. And so, although taxis at the time were and most definitely still are a much-needed form of transportation, for the majority of South Africans, an antagonistic relationship has developed between the industry and law enforcement.
An overview of the Criminal Procedure Act pertaining to the use of force by law enforcement from the Southern African Legal Information Institute outlines that:
“Section 49 of the South African Criminal Procedure Act 51 of 1977 provides police officers with legal justification to use force in carrying out arrests, and includes the rules governing the degree of force to be used, as well as the circumstances in which such force may be employed. Where a police officer’s forceful conduct extends beyond the ambit of these legislative provisions, that officer may be subject to criminal liability.”
We are all aware that taxis are often quite antagonistic towards road users and regularly disregard the rules of the road as they go about their work. As a result there seems to be accepted generally that they generally operate in a lawless and intimidatory manner. And in response to this lawlessness, it seems law enforcement may have been heavy handed in its response in Cape Town, which would be unlawful of course.
Are we, as a country, ready to have an elevated discussion around our public transport system that does not include violence, barriers to entry and abuse of power? DM
This story first appeared in our weekly Daily Maverick 168 newspaper, which is available countrywide for R35.
