Taxi operator’s struggle to get a licence

Taxi operators in George protecting their vehicles from being impounded by law enforcement agencies. PIC: George Herald.

Taxi operators in George protecting their vehicles from being impounded by law enforcement agencies. PIC: George Herald.

Published Jul 8, 2023

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A tug of war over taxi permits between a George businessman and the provincial government has been raging with no end in sight.

Khanyiso Rasi submitted an application for taxi operating licences or permits for two vehicles in 2009 with the provincial government.

He said the applications were supported by the George municipality and the local Taxi Association.

‘Go George’, introduced in 2014 as a part of the Integrated Public Transport Network system, has since taken over that route.

If granted, the permits would have enabled Rasi to offer a public transport service around George.

But Rasi said he never received communication from the Provincial Regulatory Entity (PRE) on the outcome of the application.

“On 17 June 2020, a third party forwarded a correspondence to me from an official, a Venice Strydom, acting for and on behalf of the Western Cape Provincial Government stating that it intended to cancel my licence, along with others belonging to the George Taxi Association whose permits were inactive”.

Rasi said he found the information strange as he had never received operating licences.

“Why was there an intention to cancel a registration certificate which was not granted to me in the first place? Further, why was there no correspondence from the PRE regarding my application?”

When Rasi engaged the Provincial Transport Department he was told through correspondence from Strydom dated 15 July 2020, that there was “no record of an active operating licence” in his name but only an application lodged with PRE.

Frustrated with conflicting responses from different officials, Rasi escalated the matter to the MEC for Transport, Ricardo Mackenzie.

Despite an assurance that Rasi's enquiry would be forwarded to PRE for clarity, Rasi said he never received feedback until he approached the PRE itself and was told by an official, Laura Batt, that the two applications were refused on 3 November 2009.

“I was never informed of such a decision. She could not provide me with hard evidence to support such a statement”, he said.

In March 2021 a meeting was held with PRE officials, attended by another applicant, Golden Rasi, who is Khanyiso's father, and two members of the Economic Freedom Fighters (EFF) who were asked by Rasi to intervene.

Some of the applicants received permits and were handed to them in person while others received them via the Association.

“It was said that my applications were refused on the basis that one had an incorrect route description and the second was refused on the basis that the association had not submitted an agreement.

“I vehemently dispute that. The route description was correct. Furthermore there was also evidence that the municipality supported the application,” said Rasi.

On 21 June 2023, Rasi received a letter from the Acting Chairperson of the PRE, Fadiel Jattiem, advising him to lodge an appeal with the Transport Appeals Tribunal or take the matter on judicial review.

“No other person or organ of state may review decisions made by the PRE. In respect of your application, it is clear that the PRE has already discharged its office/function. As already communicated to you, the application was granted in August 2011. Unfortunately, you did not uplift the operating licence within the prescribed period,” Jattiem said in the letter.

Rasi maintained that he never received it and that the PRE was trying to sweep the matter under the carpet.

“The permits they are referring to were those of my father, Golden. He only became aware of the decision to refuse him the permits months later and could not lodge an appeal as the time had lapsed.”

He further said the PRE had no powers to grant a further extension period in order to uplift the operating licence or to revive the application.

“While you have recourse to take the matter on appeal to the Tribunal, it is our view that this entity will come to the same conclusion. However, we will not oppose any application made by you to the TAT requesting condonation for the late filing of the appeal,” said Jattiem.

Spokesperson for Mackenzie's office, Ntomboxolo Makoba-Somdaka, ruled out the question of compensation for Rasi.

"You can only be compensated if you hold a valid operating licence and in the case of Mr. Rasi, he never uplifted the operating licence and the approval lapsed,“ she said.

Rasi said he would look for “other options” to resolve the matter.