Africa-Press – South-Africa. An interim order compelling provincial and national governments to provide a law enforcement presence and police escort for buses in hotspot areas in the Eastern Cape has been made final.
On Tuesday, the Eastern Cape High Court in Makhanda made final an earlier order which compels Transport Minister Sindisiwe Chikunga, Eastern Cape Transport MEC Xolile Nqatha and the police to develop a comprehensive plan to “provide for the safety and security of long-distance bus drivers and passengers”.
In June, the respondents, including national and provincial transport departments and the police, were given an opportunity to respond as to why the order should not be made final.
The order forms part of an ongoing legal bid by long-distance coach company Intercape to compel national and provincial authorities to provide safe passage for its buses.
It requires they implement a visible law enforcement presence at every loading point in hotspot areas, at times when buses load passengers, as well as law enforcement escorts for buses on hotspot routes.
Hotspot towns include Cofimvaba, Butterworth, Engcobo, Tsomo, and Idutywa.
Judge John Smith lambasted the authorities for the “dereliction of its constitutional duties” in taking action against violence aimed at long-haul buses operating in the Eastern Cape, according to a statement by Intercape.
In his judgment, Smith said:
He added the “action plan and its implementation have been woefully inadequate to ensure the safety and security of long-distance bus drivers and passengers”.
In June, the High Court issued an order compelling the respondents to develop a comprehensive plan to provide for the safety and security of Intercape’s drivers and passengers in the Eastern Cape.
Between January and May, Intercape lodged at least 30 criminal complaints relating to violence and intimidation against its drivers and passengers.
The incidents include the stoning of buses, prevention of bus drivers from loading and off-loading passengers, intimidation of drivers and passengers, buses being shot at, and a passenger struck by a bullet.
To date, more than 170 cases have been opened with the police, with 135 of those in the Eastern Cape alone.
Intercape CEO Johann Ferreira said:
“All this time and energy wasted when all we have ever asked is for transport authorities and the police to do their jobs. Nothing more.”
Smith added perhaps his earlier directive to develop a revised comprehensive plan had not been properly understood.
To avoid this, he ordered the plan should include the following details:
National and provincial transport departments as well as the police had not commented at the time of publication.
The bus company and authorities have been locked in a legal battle for months.
In April, Intercape started proceedings to sue Police Minister Bheki Cele for what it said was a “complete and utter failure” to implement the safety plan.
This after 14 attacks in March and April, which left five people injured and several buses being shot at and stoned.
The litigation against Cele and other respondents followed a September court order for former transport minister Fikile Mbalula to work with the police in developing a plan of action to secure the safety of Intercape coaches.
The court gave Mbalula and Nqatha 20 days to formulate the plan, with input from the police, to stop the attacks.
Nqatha filed an action plan on 28 October.
However, on the same day, Mbalula gave notice of his intention to apply for leave to appeal the court order.
The application for leave to appeal had the effect of suspending the operation of the order.
In December, the Eastern Cape High Court in Makhanda ordered Mbalula to “immediately, and with the utmost urgency, develop and implement an action plan to ensure the safety of long-distance coach drivers and passengers”.
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