The South African National Taxi Council’s (Santaco) interdict against the City of Cape Town and Western Cape Mobility Department has been dismissed in the Western Cape High Court on Friday.
Cape Town Mayor Geordin Hill-Lewis welcomed the dismissal and the court's granting the City’s request that the terms of the agreement reached, which ended the minibus taxi strike be made an order of the court.
"I welcome the High Court’s granting of a request by the City and Western Cape Government (WCG) for the agreement ending the strike to be made an order of the court. This will go a long way to ending deliberate misinformation spread about the agreement and lessening the potential for conflict between taxi operators and officers on our roads.
“The court has also dismissed Santaco's interdict application, confirming our view that there is a firm legal basis for impoundments in the interest of commuter safety. Impoundments will continue under the National Land Transport Act, based on the agreed offences while the Taxi Team concludes its work within the 14-day period.
"Our work in the Task Team can now proceed constructively. We will be focused on passenger and commuter safety and will ensure that offences which endanger the lives of road users will remain as impoundable under a strict application of national law," Hill-Lewis said.
He said now that the order is confirmed, the entire agreement hinges on the permanent cessation of taxi-related violence.
Any revival of such violence will nullify the agreement.
Mayoral committee member for urban mobility, councillor Rob Quintas, said the Minibus Taxi Task Team is scheduled to meet next Tuesday, August 22.
Quintas said he hopes Santaco will be represented at this very important meeting.
"There is a lot of work to do, and we need to put our heads down and focus on the task at hand. It is in the interest of thousands of commuters that we keep collaborating on matters of mutual concern.
"The City’s Urban Mobility Directorate recognises the critical role that the minibus taxi industry plays in the public transport network and regards them as partners in our goal of keeping Cape Town moving, especially in the context of an imploded passenger rail service.
"There is no denying that the challenges between the taxi industry and government in meeting their respective objectives are complex, which is precisely why this forum is necessary," Quintas said.
Deputy chairman for Santaco in the Western Cape, Nceba Enge, said the focus can now be placed on the taxi task team.
"Pursuant to the ruling of the High Court to make the agreement concluded between the stakeholders an order of court, Santaco feels vindicated in its view that minibus taxis can only be impounded on the three grounds agreed upon, which exclude the contravention of any condition imposed on operating licenses, which includes, but is not limited to, operating off-route, contrary to the position trumpeted out by both the Mayor and JP Smith to the public, in the process unjustly vilifying the taxi industry in the eyes of the public.
"We remain hopeful that the stakeholders can now put this issue behind us all and focus on the task ahead for the taxi task team," Enge said.
The signed agreement, which is now also an order of the court, encompasses the following key points:
– For a period of 14 days, starting Monday, August 14, the Minibus-Taxi Task Team (comprising representatives of Santaco, the City of Cape Town, and the Western Cape Government) will jointly seek agreement on what offences directly threaten commuter safety and warrant impoundment. This will inform a Standard Operating Procedure (SOP) to guide enforcement personnels’ actions as per the National Land Transport Act and Operating Licence Conditions. The City's unwavering commitment to commuter safety means that all traffic offences impacting safety should continue to meet a penalty of impoundment.
– Impoundments will continue for vehicles operating without valid licenses or permits or with inadequate roadworthiness.
– Santaco has been invited by Hill-Lewis to submit specific cases of vehicles they claim have been impounded for offences that do not directly impact on commuter safety. If indeed these cases exist, the City will make representations to the public prosecutor for the release of these impounded vehicles only. It is important to emphasise that the City must be in agreement with Santaco regarding what offences are regarded as minor.
– Strike protocols and resolution: Santaco commits to provide a minimum of 36 hours' notice before initiating future strike actions, ensuring no repeat of the terrible scenes, with stranded commuters walking home. Additionally, a dispute escalation and resolution clause will be established, allowing matters to be elevated to the premier and mayor before strike action.