City welcomes High Court dismissal of Santaco interdict, and granting of City's request
18 August 2023
‘I welcome the High Court’s granting of a request by the City and WCG for the agreement ending the strike to be made an order of court. This will go a long way to ending deliberate misinformation spread about the agreement, and lessening potential for conflict between taxi operators and officers on our roads.
‘The Court has also dismissed Santaco's interdict application, confirming our view that there is firm legal basis for impoundments in the interest of commuter safety. Impoundments will continue under the National Land Transport Act based on the agreed offences while the Taxi Team concludes its work within the 14-day period. Our work in the Task Team can now proceed constructively. We will be focused on passenger and commuter safety - and will ensure that offences which endanger the lives of road users will remain as impoundable under a strict application of national law.
‘It must be reiterated that, and as has now been confirmed in the order, this entire agreement hinges on their permanent cessation of taxi-related violence. Any revival of such violence will nullify the agreement,’ said Mayor Hill-Lewis.
‘The Minibus-taxi Task Team’s next meeting is scheduled for this coming Tuesday, 22 August 2023. I trust SANTACO will be represented at this very important meeting. There is a lot of work to do and we need to put our heads down and focus on the task at hand. It is in the interest of thousands of commuters that we keep on collaborating on matters of mutual concern. The City’s Urban Mobility Directorate recognises the critical role that the minibus-taxi industry plays in the public transport network, and regards them as partners in our goal of keeping Cape Town moving, especially in the context of an imploded passenger rail service. There is no denying that the challenges between the taxi industry and government in meeting their respective objectives are complex, which is precisely why this forum is necessary,’ said the City’s Mayoral Committee Member for Urban Mobility, Councillor Rob Quintas.
The previously signed agreement, which is now also an order of the court as of today, encompasses the following key points:
For a period of 14 days, starting Monday, 14 August 2023, the Minibus-Taxi Task Team (comprising representatives of SANTACO, the City of Cape Town, and the Western Cape Government) will jointly seek agreement on what offences directly threaten commuter safety and warrant impoundment. This will inform a Standard Operating Procedure (SOP) to guide enforcement personnel's actions as per the National Land Transport Act (NLTA) and Operating Licence Conditions. The City's unwavering commitment to commuter safety means that all traffic offences impacting on safety should continue to meet a penalty of impoundment.
Impoundments will continue for vehicles operating without valid licences or permits, or inadequate roadworthiness.
SANTACO has been invited by Mayor Geordin Hill-Lewis to submit specific cases of vehicles they claim to have been impounded for offences that do not directly impact on commuter safety. If indeed these cases exist, the City will make representations to the Public Prosecutor for the release of these impounded vehicles only. It is important to emphasise that the City must be in agreement with SANTACO regarding what offences are regarded as minor.
Strike Protocols and Resolution: SANTACO commits to provide a minimum of 36 hours' notice before initiating future strike actions, ensuring no repeat of the terrible scenes of last Thursday evening, with stranded commuters walking home. Additionally, a dispute escalation and resolution clause will be established, allowing matters to be elevated to the Premier and Mayor before strike action.
Issued by Media Office, City of Cape Town, 18 August 2023
