Following the Western Cape High Court’s dismissal of Santaco’s interdict application and granting of City of Cape Town and Western Cape Government’s request to turn the terms of the agreement into a court order, the three stakeholders weighed in on the Court’s decision.
Also read: Taxis vs City of Cape Town: Santaco unsuccessful in court application
Santaco
Commenting on the High Court’s ruling, Santaco’s Deputy Chair, Nceba Enga said the taxi association expressed feeling ‘vindicated in its view that minibus taxis can only be impounded on the three grounds agreed upon, which includes but is not limited to operating off-route, contrary to the position trumpeted out by both the Mayor and Mr JP Smith to the public’ in a statement shared on social media.
Enge added that in the process, the City was ‘unjustly vilifying the taxi industry in the eyes of the public’.
The ruling means that taxis will continue to be impounded in terms of the National Land Transport Act and clarifies that vehicles can be impounded if they operate without permits and if the driver does not have a licence or public driving permit or where vehicles are not roadworthy.
Santaco conluded its statement saying it ‘remain[s] hopeful that the stakeholders can now put this issue behind us all and focus on the task ahead for the Taxi Task Team’.
City of Cape Town
City of Cape Town welcomed the Court’s ruling in a statement, expressing that it would ‘put an end to misinformation about the exact terms agreed to between the City, Western Cape Government and Santaco, and lessen the potential for conflict between taxi operators and officers on the road’.
Commenting on the ruling, Cape Town Mayor Geordin Hill-Lewis said dismissing Santaco’s interdict application confirmed City’s view ‘that there is firm legal basis for impoundments in the interest of commuter safety’.
Hill-Lewis confirmed that impoundments will continue under the National Land Transport Act based on the aforementioned agreed offences while the Taxi Task 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 ensure that offences which endanger the lives of road users will remain as impoundable under a strict application of national law,’ he added.
Hill-Lewis reiterated that the agreement, now a court order, hinges on the ‘permenant cessation of taxi-related violence’ and that any revival of taxi violence will nullify the agreement.
The Taxi Task team is scheduled to meet next Tuesday, 22 August 2023. ‘I trust Santaco will be represented at this very important meeting,’ said City’s MMC for Urban Mobility, Councillor Rob Quintas.
‘There is a lot of work to do and we need to put our heads down and focus on the task at hand,’ he said.
Quintas added that the City’s urban mobility directorate recognises the critical role that the taxi industry plays in the public transport network, saying ‘there is no denying that the challenges between the taxi industry and government in meeting their respective objects are complex’.
He said it is for this reason that the Task Team is necessary, adding that City regards the taxi industry as ‘partners in our goal of keeping Cape Town moving’.
Western Cape Government
Mobility MEC Ricardo Mackenzie said he was ‘pleased that the judgement today gives clarity for everyone on the terms of agreement between government and Santaco WP’,
Mackenzie added that these terms, which have been deemed an order of the court, can now be used as a clear point of reference in discussions relating to the taxi industry and law enforcement-related issues.
Mackenzie mirrored City and Santaco’s sentiment that all stakeholders can now ‘focus on the important work to be done in the task team’, saying that providing commuters with safe, reliable and affordable transport remains a top priority.
The previously signed agreement encompasses the following key points:
- For a period of 14 days, starting Monday, 14 August 2023, the Minibus-Taxi Task Team (comprising representatives of Santaco, 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 personnel’s actions as per the National Land Transport Act (NLTA) and Operating Licence Conditions. the City’s unwavering commitment to commuter safety means that all traffic offences impacting on safety should continue to meet a penalty of impoundment.
- Impoundments will continue for vehicles operating without valid licences or permits, or inadequate roadworthiness
- Santaco has been invited by Mayor Geordin Hill-Leis to submit specific cases of vehicles they claim to 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 of last Thursday evening, 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.
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Picture: City of Cape Town / Facebook