Cape Town - The Cape Town High Court yesterday dismissed Santaco’s interdict application that sought to stop the City impounding their vehicles.
In the judgment, the High Court dismissed Santaco’s interdict application and ruled that the terms of the agreement, which ended the minibus-taxi strike, be made an order of court.
Mayor Geordin Hill-Lewis said they welcomed the move that made the agreement an order of the court.
“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,” said Hill-Lewis.
The court also said the Minibus Taxi Task team would reconvene and within a 14-day period, agree to list differentiations between serious and minor offences and that the City is to make representations via the National Prosecuting Authority to release impounded vehicles, which Santaco deems minor offence - and that the agreement be premised on there being no taxi-related violence.
Santaco deputy chairperson, Nceba Enge, said they remained hopeful that stakeholders can now put their issues behind them and focus on the task team.
Last week, Santaco suffered a loss of R15 million per day and R120 million for their eight day strike.
Santaco’s Provincial Treasurer, Pastor Ivan Waldeck, who has been in the taxi industry for 14 years, said the taxi industry services the poorest of the poor, and if it is monopolised or derailed, it would see an increase in crime and unemployment.
“Every day, this industry services millions of people,” he said.
“I believe their aim is to usher in the rail and that they have plans for the MyCiti bus in support with gabs (Golden Arrow bus services).
“They are ignoring, humiliating and insulting, and accusing us as being gangsters, Mafia bosses, and forgetting that there is a thing like the white collar crime.
“They are using the law to advocate and implement these kinds of crimes against the biggest BEE company, which is an organisation which is regulated. We risk our lives serving our people even during Covid-19.
“Then we were not thugs, then we were not tsotsi, then we were not people, now accused of murder and chaotic action, then we were the best business supporting the government, and from there, we received the Blue Dot.”
Their eight day strike saw the deaths of five people, including a Law Enforcement Advancement Plan (LEAP) officer, Zanikhaya Kwinana, British citizen Dr Karhao Teoh, Arthur Mlandeli, Makhosandile Joseph Mkhela, and one other person whose name has not been released.
Transport MEC Ricardo Mackenzie said last week they were working towards formalising the taxi industry and unite it as part of the transport ecosystem with rail, the MyCiti and Blue Dot system.
But Waldeck claimed this was just a stunt to derail them and end their business and that their taxi’s went into areas of the poorest of the poor.
JP Smith, Mayco Member for Safety and Security, has also been absent from more than one meeting, but the City has confirmed he will be part of the task team.