The Eastern Cape High Court in Makhanda has ordered the government to go back to the drawing board and develop a new and comprehensive safety and security plan for long-distance bus operator Intercape.
Judge John Smith handed down a final order on Tuesday, compelling respondents, including Transport Minister Sindisiwe Chikunga, Eastern Cape Transport MEC Xolile Nqatha and the SAPS, to develop steps they intended taking to ensure that reasonable and effective measures were in place to provide for the safety and security of the bus drivers and passengers.
Judge Smith said the vagueness of the current action plan sent the wrong message to perpetrators of violent crimes against the operator.
“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.
“The fact that the minister did not participate in the development of the plan despite having been explicitly ordered by the court to do so, is itself a compelling reason why it must be revised,” said Judge Smith.
Pending the development of the revised action plan, Judge Smith said a visible law enforcement presence should be maintained at every loading point in hot spot towns and areas.
Hot spot towns include Cofimvaba, Butterworth, Engcobo, Tsomo, and Idutywa.
“Law enforcement escorts are provided to (Intercape) buses along the hot spot routes, and any other routes, as and when requested by the applicant on account of a legitimate concern over a risk of intimidation or violence,” he said.
Smith also ordered that realistic timelines be set for the implementation of the measures.
“In the result I am of the view that Intercape has made out a proper case for the relief sought in the notice of motion.
“The rule nisi is hereby confirmed with costs, including the costs of two counsel, where so employed,” he said.
Intercape chief executive Johann Ferreira said: “We warned the government that the action plan they submitted was wholly inadequate but they knew better.
Now it has been found by the court to not be fit for purpose.
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.
“It simply does not get more damning than this when a High Court justice points a finger at a minister and MEC for the dereliction of their constitutional duties.”
Ferreira said the government officials failed to fulfil their constitutional and statutory obligations to protect the citizens of the country.
National Department of Transport spokesperson Collen Msibi said the department was studying the judgment.
“We are in no position to offer any further comment on the matter,” he said.
National police and Nqatha did not respond by deadline on Thursday.
Cape Times