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Police commissioners in contempt of court in ongoing Intercape legal saga


The National police commissioner, General Fannie Masemola, and his Eastern Cape counterpart, Lieutenant-General Nomthetheleli Mene, have been declared to be in contempt of court.

In the ruling in the Makhanda High Court on Tuesday, senior officials from the South African Police Services (SAPS) were found in contempt of court for failing to implement an order aimed at preventing violence and intimidation against long-distance coach passengers.

The application was brought by Intercape, after the police and other respondents failed to implement a court order dating back to September 2022. 

Among those who were found in contempt of court were the National Police Commissioner General Fannie Masemola, and Eastern Cape Provincial Commissioner Nomthetheleli Mene. 

Also in contempt was the National Public Transport Regulator and the Eastern Cape Provincial Regulatory Entity. 

Tuesday's court order now compels the SAPS to comply with the previous judgment, meaning that they should provide visible law enforcement and escorting relief to Intercape and its passengers. 

According to the order, the respondents are to file an affidavit within 30 days, outlining the measures that have been put in place and the steps taken to ensure compliance with the order. 

Failure to do so would result in further steps being taken, not excluding jail time.

Intercape CEO, Johann Ferreira, welcomed the judgment.

He told Algoa FM News that their most recent application was aimed at the commissioners because they are ultimately responsible for the police force in terms of the day-to-day workings.

Ferreira said the police have unfortunately not yet complied with the earlier ruling that they must visibly present and escort Intercape coaches in the identified hot-spot areas in the Eastern Cape.

"We had no choice. The attacks have not stopped and the police have not done what they were supposed to do. 

"It's a sad day for South Africa that the taxpayer in the street has to court to court every second month to force the police to do their work." 

In previous court documents, Intercape said it had been subjected to widespread and ongoing acts of intimidation and violence at the hands of the taxi industry for several years.

The company said it also lodged at least 165 criminal complaints with the police but yet no arrests have been made nor have there been any prosecutions in this regard.

Also read: Intercape is seeking jail time for SAPS commissioners