Cape Town - A recent court judgment by the Makhanda High Court has declared former Eastern Cape Transport MEC Weziwe Tikana-Gxothiwe and Minister Fikile Mbalula as having failed to fulfil their obligation to put in place effective measures for the safety and security of long-distance drivers.
The judgment vindicated Intercape’s contention that the political office bearers had failed in their constitutional and statutory duties in terms of the National Land Transport Act to put to an end the violence directed at them by taxi associations.
Intercape is demanding that Mbalula and current MEC Xolile Nqatha ensure that the “no-go zones” in the Eastern Cape are opened immediately for the festive season and tourist travellers to travel through the towns of Cofimvaba, Butterworth, Ngcobo, Tsomo and Dutywa safely.
The long-distance bus operator also wants the minister to use his broad powers of inquiry and urgently commence hearings with the taxi associations and take action against the operators acting unlawfully.
Judge John Smith said the evidence established that Tikana-Gxothiwe failed to intervene in the crisis in any meaningful way. The judge said the political party bearers also consistently failed to respond to various requests for intervention from Intercape. He ordered Mbalula and the MEC to come up with an action plan within 20 days and present it to the court.
Intercape CEO Johann Ferreira said the judgment was a shocking indictment on Mbalula and Tikana-Gxothiwe.
He said Mbalula had shown no political or administrative will to intervene in the critical public transport sector. He said Mbalula’s lack of taking the issues Intercape raised seriously amounted to gross negligence and an abdication of his constitutional responsibilities.
Eastern Cape Transport Department spokesperson Unathi Binqose said the department was studying the court judgment and discussions on whether to appeal it or act on its recommendations were to be undertaken.
“At the moment we cannot comment on the high court judgment as it is sub judice. Our legal team is looking at the judgment,” he said.
Transport Department spokesperson Lwaphesheya Khoza was approached for comment but could not respond by time of publication.