SANTACO unsuccessful in court bid for taxi impoundment
The Western Cape High Court has dismissed the South African National Taxi Council’s (Santaco) application to interdict impoundments by the City of Cape Town.
PICTURE: SANTACOSantaco took the City & Provincial Government to court after taxis were being impounded outside of its agreement. Santaco claims the municipality added a condition outside of their agreement which allows it to impound vehicles.
The judge has made the wording of the agreement that was
published in a joint statement between he City & province into a court
order. A key clause is that SANTACO must give 36-hours notice prior before
striking.
The ruling means taxis will continue to be impounded in
terms of the National Land Transport Act, and that’s for vehicles operating
without valid licences or permits, or inadequate roadworthiness.
SANTACO’s Nceba Enge however feels the judgement feels the
judgement proves that the City hasn’t been playing by the agreed rules.
‘’ 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 3
grounds agreed upon, which excludes the contravention of any condition imposed
on Operating Licenses, which includes but is not limited to operating
off-route, contrary to the position trumpet out by both the Mayor and Mr 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,’’ added
Enge.
Meanwhile, Cape Town Mayor, Geordin Hill-Lewis has welcomed
the ruling.
‘’This will go a long way to ending deliberate
misinformation spread about the agreement, and lessening 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 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. It must be reiterated that, and as has
now been confirmed in the order, this entire agreement hinges on their
permanent cessation of taxi-related violence. Any revival of such violence will
nullify the agreement,’’ he added
Mayoral Committee Member for Urban Mobility, Rob Quintas,
said the next Minibus-taxi Task Team’s meeting is scheduled for Tuesday.
‘’I trust 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 on 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,’’ added Quintas.
Done By: Mitchum George
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