Cape Town - The South African National Taxi Council (Santaco) should hear today whether its interdict against the City of Cape Town and Western Cape Mobility Department has been granted, forcing it to abide by an agreement on the impounding of taxis.
The taxi organisation approached the Western Cape High Court days after the City impounded six taxis, which it said was in breach of an agreement that the City wouldn’t impound taxis for 14 days.
On Thursday, Santaco released a 40-page affidavit stating its complaints.
The City of Cape Town is the first respondent, the MEC for Mobility the second, the Provincial Regulatory Entity the third and the fourth is the Minister of Transport.
In the affidavit, Santaco deputy chairperson Nceba Enge wrote: “The minibus taxi industry plays an important role in the economy of the country. Besides being the preferred transport mode for most commuters, it’s also a significant contributor to tax revenue and employment.
“Unfortunately, the taxi-industry is plagued by a misinformed perception that it is lawless in nature, rife with violence, and beyond any measure of control or cure.
“This is not true, but such perceptions are often fuelled and perpetuated by ill-advised and divisive statements made by public officials.
“It signals to the public that taxi owners are worthy to be punished and should be punished. It signals to the public that taxi associations should be kept under the thumb, and are unable to self-regulate.”
They said the purpose of the interdict was that Santaco seeks an interim order, directing the City and MEC for Mobility to abide by the provisions of the agreement concluded between the parties on August 10, which led to the end of the stay-away and the return to service of all minibus taxis.
“Second, directing the first respondent and second respondent to only impound minibus taxis as provided for in the agreement and more specifically where a minibus taxi is operating without an operating licence and where the driver of a minibus taxi drives the vehicle without a professional driver’s permit or driver’s licence; and where the minibus taxi is unroadworthy; and lastly, directing the first respondent and second respondent to immediately release any and all minibus taxis impounded pursuant to the conclusion of the settlement agreement on August 10, which have been impounded on grounds other than those ‘conditions agreed upon’ ”
The Western Cape government (WCG) and City of Cape Town said they welcomed the opportunity to make the terms of the agreement which ended the minibus-taxi strike an order of the high court today.
They said this will put an end to misinformation about the exact terms agreed to between the City, the WCG and Santaco and will lessen the potential for conflict between taxi operators and officers on the road.
“Santaco’s interdict application is an opportunity to make the full terms of the agreement an order of court today.
“As per the agreement signed by all parties, impoundments continue under the National Land Transport Act for vehicles driving without an operating licence, drivers licence or PDP, or which are not roadworthy. This will strengthen our mutual commitment to maintaining peace as the people of Cape Town are able to travel through the city efficiently, safely and with dignity,” said Urban Mobility Mayco member Rob Quintas.
He said all six vehicles still impounded from last weekend are in line with the agreed offences of driving without an operating licence, drivers licence or PDP, or unroadworthiness.
Mobility MEC Ricardo Mackenzie said: “Making the agreement an order of the court today will put an end to misinformation about the exact terms agreed to.
“We have been concerned by misleading information circulating about a moratorium on all impoundments, which is not correct and creates the conditions for confrontation between officers and minibus taxi drivers or operators.
“It must be reiterated that this entire agreement hinges on the prevention of taxi-related violence. Any revival of such violence will nullify the agreement,” Mackenzie said.