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: SANTACO

Santaco 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