The head of the commission into Western Cape taxi violence clashed sharply on Wednesday with a senior legal adviser to the City of Cape Town on the issue of witness safety.
The confrontation took place in the wake of the slaying at the weekend of a prominent figure in the taxi industry, Michael Kupiso, who only days earlier had testified to the commission.
On Wednesday, Cape Town’s legal strategy director, Vincent Botto, asked the commission to rule that the city’s interchange managers should be allowed to give their evidence in camera, saying they want to testify in a ”safe and secure” environment.
However, commission chairperson Dumisa Ntsebeza said he sees no reason why a ”public officer” whose salary comes from the taxpayer should not testify in public about the nature of his job and whether he is doing it the way he is supposed to.
”If that is the application, prima facie I am not impressed,” he said.
Though he took the point that there is genuine fear, questions that jeopardise managers’ safety can be dealt with when they arise.
When Botto quoted a provision from the provincial commissions ordinance that dealt with circumstances in which evidence should not be heard in public, Ntsebeza said the ordinance dates back to 1978 and is ”a throwback to a time we are no longer at”.
South Africa is now a constitutional democracy and the city is welcome to test his view in court.
”The High Court is the next stop,” Ntsebeza said.
”I hear you, Mr Chairman,” said Botto. ”If needs be, we will try.”
”Don’t threaten me … If you are threatening legal action, go to the next court,” shot back Ntsebeza.
”We are not threatening legal action,” replied Botto. ”We are willing to work around these issues.”
Ntsebeza said the four-man commission will reserve its ruling on the application.
He also asked Botto to bring the interchange managers so the commissioners can hear them, if needs be in camera, in order to come to a ”balanced view” of their fears. — Sapa