ANC secretary general Fikile Mbalula
A high court has ordered transport minister and newly-elected ANC secretary general Fikile Mbalula to draw up an action plan to combat attacks against long-distance buses in the Eastern Cape, pending finalisation of his appeal against the initial ruling.
On Tuesday the Makhanda high court ruled — for a second time — in favour of long-distance bus operator Intercape, compelling Mbalula to develop a plan that will ensure the safety of drivers and passengers.
“The court order shall continue to operate against, and be executed and given effect to by the minister pending the outcome of any application for leave to appeal,” Judge John Smith’s order reads.
Mbalula had appealed a 30 September judgment by Smith that ordered him and the Eastern Cape member of the executive council (MEC) for transport, Xolile Nqatha, to coordinate with the South African Police Service and formulate a workable action plan to stop violent attacks on long-distance coaches.
That ruling said Mbalula and the MEC “must ensure that reasonable and effective measures are put in place to provide for the safety and security of long-distance bus drivers and passengers in the Eastern Cape”.
Mbalula and Nqatha were given 20 days to come up with an effective plan of action.
While Nqatha outlined a plan by 28 October, Mbalula indicated he would apply for leave to appeal the court order.
Intercape then sought another order that would “compel the minister to discharge his constitutional obligations whilst the appeal process was ongoing”.
Smith ruled that the September court order remained enforceable notwithstanding Mbalula’s application for leave to appeal. The judgment on the minister’s appeal application is expected early next year.
Intercape chief executive Johann Ferreira said Mbalula’s decision to appeal was “disgraceful”.
“When government fails to fulfil its basic constitutional obligations, then our country is on a fast and slippery slope to destruction,” Ferreira said.
In response to the latest court order, Ferreira said in a statement: “We want to see a meaningful, coherent and implementable plan of action to put an end to this blatant criminality in the public transport sector which falls under the auspices of the minister of transport.”
According to Intercape, more than 150 violent incidents against long-distance bus operators were recorded across the country in the 13 months up until May this year, with the majority of them in the Eastern Cape. Incidents included shootings, stonings and intimidation by so-called rogue taxi associations.
Deputy commissioner Lieutenant-General Tebello Mosikili told the tourism portfolio committee in September that Intercape had accounted for 69 bus-related incidents registered for the 2022/23 financial year so far. The Eastern Cape registered 61 cases and the Western Cape registered eight bus-related incidents.
While the Eastern Cape remains the epicentre of violent attacks, during the first week of December an Intercape bus driver was shot and wounded in the Western Cape.
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