MEDIA RELEASE BY FIKILE MBALULA, MINISTER OF TRANSPORT
AND
DAYLIN MITCHELL, WESTERN CAPE MINISTER OF TRANSPORT AND PUBLIC WORKS
2 August 2021
Joint statement on Western Cape Taxi Conflict
Over the last few weeks, we have been working closely with the Provincial Government of the Western Cape to resolve the conflict in the Province.
The on-going violence on route B97 has resulted in fatalities on the part of operators, drivers and commuters and property has been damaged. We have noted with concern that the conflict has had a spill-over effect to other parts of the City of Cape Town. We have continued to engage both CATA and CODETA, as well as the Provincial leadership of SANTACO to find a sustainable long-term solution. With the initial collapse of the mediation process, the parties have since agreed to arbitration, which is now underway. However, the conversations with the Associations have continued.
The Province invoked extraordinary measures in terms of the law, which entail the closure of route B97 between Mbekweni in Paarl to Bellville as well as the closure of lanes at the Bellville Interchange which impact on the B97. We appreciate that this closure is not only an inconvenience to those who rely on this mode of transport, but also to operators who are not making any income as a result.
However, preserving human life is an overriding imperative that supersedes all else. It is our intention to return taxi operations to normality at the shortest possible space of time, with a proviso that the Associations that are party to this violence take responsibility for ensuring responsible conduct on the part of their members.
Through these ongoing discussions with the affected Associations, a number of options were placed before them by government. These options were deduced from the many engagements with the parties underpinned by an appreciation of the legal obligations of the state to protect life and property.
Having evaluated inputs from the affected Associations, premised on the understanding that government has a duty to ensure provision of a public transport service that is safe and fully responsive to the needs of the public, government has determined a line of march which must be adhered to by all affected parties.
As government, we have an obligation to ensure that the rule of law prevails at all times. We take this responsibility seriously and will not shy away from ensuring that the spirit and the letter of the law is not undermined by anyone.
Following discussions with the two Associations, we have reached agreement and therefore decided to implement the following measures, with immediate effect:
1. All legal operating licence holders for routes to and from Mbekweni, except for route B97, must commence the services as authorised by their operating licences or face the legal consequences;
2. All Associations must instruct their members to return to service in line with the authorities issued with their operating licenses and must do so in a manner that is safe for the public. The Registrar’s Office will send out a letter to all associations communicating this instruction. All routes will be monitored and action will be taken against associations and individual operating licence holders who are in breach of this instruction.
3. When route B97 is opened, only legal operating licence holders will be allowed to operate and will serve the full route from the authorised ranks and terminals;
4. Affected municipalities will be requested to place a moratorium on the issuance of new operating licences and applications for additional authorities on all affected routes whilst also rationalising these services;
5. If the affected municipalities indicate the need for additional services on route B97, operating licences will be apportioned in accordance with the arbitration award;
6. The Department will meet with the appointed arbitrator to expedite the arbitration process and to issue an award within the shortest possible timeframe.
7. The Registrar’s Office will continue with the section 7(A)(20) inquiry to deal with the possible violations of the Code of Conduct and Standard Constitution and to deal with the issue of floor crossing, as well as to determine if the affected associations are still properly constituted in terms of applicable legal prescripts. The Registrar’s Office will make recommendations to the PRE in respect of actions against affected operating licence holders;
8. Should there be further acts of violence, all affected routes operated by the two associations will be closed for all minibus-taxi operations for a period determined by the MEC and affected operating licences will be suspended. In addition, both associations will be suspended or deregistered by following the prescribed process. This will be done in the interest of public safety and other operators will be authorised to provide replacement services;
9. Any other associations found to be involved in or promoting violence will similarly be suspended or deregistered by following the prescribed processes;
10. Any association that henceforth affiliates to a region or so-called ‘mother body’ outside of its geographical area will be suspended by the Registrar’s Office;
11.Government will request the SAPS to open an inquiry in terms of the Prevention of Organised Crime Act to investigate the on-going violence and to prioritise reported cases;
12. Law enforcement capacity and deployment will be reviewed and strengthened in the affected areas to ensure enforcement of all laws without fear or favour.
13. Any allegations of corrupt activities or clear acts of favouritism on the part of law enforcement or regulatory officials will be investigated based on evidence submitted by complainants.
This line of march constitutes tangible action by government to stabilise the taxi industry operations in the Province. We will continue to work closely with other law enforcement authorities to ensure safety of the public and ensure the rule of law underpins operations.
Issued by the Western Cape Provincial Government, 3 August 2021
