The court order is the latest development in a long battle by long-distance coach operator Intercape to force authorities to address a spate of violent attacks directed at the company.
Minister Mbalula had sought leave to appeal an earlier order by the same court which had compelled him and the MEC for Transport in the Eastern Cape to coordinate with the South African Police Service to come up with an effective plan of action to stop violent attacks on long-distance coaches.
Judge John Smith's order provides that: "The Court Order shall continue to operate against, and be executed and given effect to by the Minister pending the outcome of any application for leave to appeal."
Intercape has come under attack by elements of the minibus taxi industry who are intent on forcing the company out of operating in parts of the Eastern Cape.
On 30 September, Judge Smith found that the Minister of Transport and the MEC had failed in their obligations to ensure the safety of bus drivers and passengers in the Eastern Cape. Judge Smith gave the respondents 20 days to come up with an effective plan of action.
According to Intercape CEO Johann Ferreira, whilst the office of the MEC agreed to implement the order of the court, Minister Mbalula "regrettably decided not to participate in the formulation of an action plan and rather focused his attention on challenging the Court's decision by lodging an application for leave to appeal".
The application for leave to appeal had the effect of suspending the operation of the court order.
This compelled Intercape to again approach the High Court to seek a further order to compel the Minister to act.
Legal representatives for Intercape argued before court that the crisis in the long-distance coach industry continues, "with devastating impact on Intercape and the travelling public" - all while the Minister failed in his Constitutional obligations.
"We were shocked that the Minister preferred to be engaged in legal proceedings rather than to use his powers to come to the assistance of the travelling public," Ferreira said. "We had pleaded with the Minister to take part in the formulation of the action plan whilst the appeal process unfolded. He refused."
The company then sought a further court order to compel the Minister to discharge his Constitutional obligations whilst the appeal process was ongoing. The Minister opposed the application, but on the eve of having to file his answering affidavit, he withdrew his opposition to the application.
On Tuesday, Judge Smith ruled that the earlier order of 30 September 2022 would remain enforceable notwithstanding the Minister's application for leave to appeal. The court judgment in respect of the Minister's application for leave to appeal is expected early in the New Year.
Ferreira said Judge Smith's order brought to an end any debate over whether the Minister must comply with the Court's order to formulate an effective action plan to deal with the crisis.
"The Minister and the MEC now have no other option but to focus on their constitutional obligations to the public," Ferreira said.
