Africa-Press – South-Africa. The Western Cape High Court made some of the terms which the City of Cape Town, the Western Cape government and the SA National Taxi Council (Santaco) had agreed to – to end the violent taxi stayaway – an order of the court.
This was to avoid any confusion as talks continued.
Judge Derek Wille’s order was in response to an application by Santaco for an interdict, in which it alleged the City was straying from the peace agreement by impounding taxis which were going off-route.
Wille ordered:
1 – From 11 August to 25 August, the City and its officials would exercise the discretion granted to them under the legislation, so that only the offences listed below would give rise to the impoundment of taxis:
2 – The minibus taxi task team will reconvene immediately and, within a 14 day period (calculated from 14 August), agree to meet and start the process to review the balance of the standard operating licence conditions applicable to minibus taxis in Cape Town and the Western Cape in order to reach agreement on those offences that remain in contention, specifically whether there is a basis upon which to agree to impoundment being a valid sanction or not, in terms of any discretion that applies;
3 – Within the 14-day period, the City will provide the task team with a list of its proposed differentiations between “serious” and “minor” offences set out in the National Land Transport Act and the National Road Transport Act to create a protocol guide for officers exercising discretion to impound;
4 – Until the exercise over the 14 days is completed, with regard to all other licence violation conditions, the following will apply: Fines will be applied and enforced, and minibus drivers may be arrested, where appropriate, and the vehicle owner must collect the vehicle;
5 – The City will help Santaco make representations to the National Prosecuting Authority to help secure the release of vehicles impounded, where there is agreement that the impoundment was for a minor offence, on presentation of the impoundment notice, as long as it does not compromise commuters. This is regarded as a show of good faith and will be done on an ad-hoc basis over the 14-day period to help operators;
6 – The task team will ensure disputes are escalated and resolved quickly, and 36-hours’ notice must be given if there is to be another stayaway; and
7 – The agreement is premised on there being no taxi-related violence in future. Any resumption of violence will nullify this agreement.
Taxi drivers and operators withdrew services abruptly on 3 August.
Commuters had to walk home or battle to find space on a bus.
Five people died as a result of the violence associated with the stayaway.
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