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A Makhanda judge has once again had strong words for the Minister of Transport and the Eastern Cape MEC of Transport in the ongoing saga with long-distance bus company Intercape.
The company had turned to the courts for protection from what it said were sustained attacks on its buses, drivers, and passengers, particularly in some parts of the Eastern Cape.
High Court Judge, John Smith, granted Intercape an interim order in June, instructing the two transport entities and the SA Police Service to devise an action plan to safeguard Intercape buses and their passengers.
In his latest 11-page judgment on Tuesday, Justice Smith confirmed the interdict awarded to Intercape, with costs.
"In my view, the action plan developed by the MEC does not accord with the purpose and objective of the court order and therefore requires fundamental reconsideration," he wrote.
"The fact that the Minister (of Transport) did not participate in the development of the plan despite being explicitly ordered by the court to do so, is itself a compelling reason why it must be revised," said Judge Smith.
The judge said that the "action plan" to safeguard Intercape buses in the Eastern Cape was "manifestly bereft" of specifics, but was "instead replete with deliberately vague and ambiguous phrases regarding implementation dates and responsible functionaries."
Judge Smith said the inadequacy of the "action plan" to ensure the safety and security of long-distance bus drivers and passengers, is irrefutably demonstrated by the relentless continuation of serious and violent attacks on Intercape buses after its implementation.
He noted that between January and May this year, Intercape had lodged at least 30 criminal complaints relating to violence and intimidation against drivers and passengers.
"The incidents were all marked by brazenness and impunity on the part of the perpetrators, who were apparently emboldened by the lack of visible policing," Judge Smith said/
He also warned sternly that he was "determined to make sure that I am not misunderstood again," in his latest judgment.
"The interim order that I granted on 14 June 2023, and which I intend to confirm, is more unequivocal and requires the MEC and the Minister to specify, in measurable terms, inter alia:
*the date from which and the frequency with which measures will be implemented
*the functionaries, governmental agencies, or departments that will be responsible for their implementation
*the planned key interventions in respect of 'no-go zones'
*the exercise of statutory powers
*and, the appointment of a task team to oversee and monitor the implementation of the action plan.
Commenting on the judgment, Intercape CEO, Johann Ferreira, says it does not get more damning when a High Court judge points a finger at a Minister and MEC for dereliction of duty.
He said the Minister and MEC of Transport as well the SA Police Service, had failed time and again to fulfill their Constitutional and statutory obligations to protect the citizens of the country.
"Such delinquent behaviour should not be tolerated by citizens of South Africa and also not by the President of our country," Ferreira said.
He said Intercape had opened over 170 cases with the police, including 135 in the Eastern Cape alone, but not a single arrest had been made to date.
In reaction, Provincial Transport Department spokesperson Unathi Binqose said: "Like we have been saying in the past, the [court] rulings are not at odds with what we have been doing...
"We are in complete agreement with the protection of road users, whether they are using Intercape or any other bus company.
"In this ruling, it means what we've been implementing since July will need to be refined and a degree of greater attention is paid on the Intercape busses."
