Willie Trombone
Honorary Master
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Mbalula and EC Transport MEC 'consistently failed' to act on Intercape bus attacks - court | Business
The High Court in Makhanda has stated that Transport Minister Fikile Mbalula and his the Eastern Cape MEC for Transport, Community Safety, and Liaison, have "consistently failed"to respond to various requests for intervention from Intercape.
Transport Minister Fikile Mbalula and his former provincial counterpart in the Eastern Cape "consistently failed" to intervene in the security crisis faced by Intercape bus service, which has seen its long-distance buses come under attack from rival taxi operators.
Intercape buses have been under attack on various routes in the Eastern Cape, with passengers and drivers injured in some incidents.
"The relief sought is not against the department, but rather based on the fact that the minister and the MEC have persistently and unjustifiably breached their legal duties to intervene in the current crisis," the judge said.
He said the two officials had "consistently failed to respond to various requests for intervention from Intercape".
The bus company claims that it has been a victim of "widespread and ongoing acts of violence and intimidation throughout the country" since 2015, with 150 criminal cases so far lodged with the South African Police Service during that period. More than 70 of the incidents occurred in the Eastern Cape.
Violence is said to have escalated in 2019. "It started in 2015 with the intimidation of Intercape's driver when perpetrators would demand that they produce their operating licences. A failure to comply resulted in them being prevented from picking up and dropping off passengers in certain areas, on the threat of physical harm or death," the court said.
"The result is that harrowing allegations regarding brazen acts of criminality, government indifference, and, even more concerning, an MEC's acquiescence in criminal conduct remain unchallenged."
Intercape had in its affidavit claimed that Tikana-Gxothiwe, who preceded Xolile Nqatha, had attempted to coerce the company into acceding to the taxi association's demands.