The Pretoria High Court on Wednesday granted an urgent interdict to stop the signing of a memorandum of understanding between the government and the South African National Taxi Council (Santaco) on the taxi recapitalisation programme barely 40 minutes before the signing ceremony was to take place at 3pm on Wednesday.
Judge Jerry Shongwe granted an urgent interim interdict to the Kwazulu-Natal Taxi Council, which objected to the signing of the memorandum, without its members even having seen the contents of the agreement.
Shongwe said the council was a member of Santaco and had a direct interest in the signing of the memorandum of understanding, which would be binding on its members.
He said the council’s right should be protected against the signing of a memorandum, which it had not even seen. Their apprehension of irreparable harm was well-grounded.
Shongwe said the only possible inconvenience for Santaco and the government was perhaps a delay in the signing of the agreement, but the balance of convenience was in favour of the Kwazulu-Natal taxi body.
Kwazulu-Natal Taxi Council deputy chairperson Mzameni Mthiyane said in court papers the general sentiment in the taxi industry was one of great concern at the prospect of interference with their livelihood.
”We want to be part of the decision-making process and do not wish to be prescribed to from a top-down level,” he said. ”Our main concern is that the proposed 35-seater vehicle will be very expensive and unaffordable.”
The government has announced that the existing minibus taxi type vehicle would be prohibited by the year 2006.
Mthiyane said there were perceptions in the industry that Santaco was merely rubber-stamping whatever the government required, neglecting its members in the process.
Santaco president Tom Mouvhe testified that any delay in the signing of the agreement would be a huge blow not only for taxi operators, but also for commuters, whom he said would be empowered by the recapitalisation programme.
He expressed the fear that the budget of R8,4-million provided for by the Department of Transport would now no longer be allocated and that financial institutions would lose faith in the process. — Sapa