Cape Town – Long-distance coach company Intercape this week won another round in its long legal battle to force the state to act to protect the company, its drivers, and passengers against the campaign of violent attacks and intimidation waged against it.
The Makhanda High Court on Wednesday issued an order compelling the Minister of Transport and the MEC for Transport in the Eastern Cape to work with the South African Police Service (SAPS) to develop a comprehensive plan to provide for the safety and security of Intercape’s drivers and passengers in the Eastern Cape.
In handing down the order, Judge John Smith said there was a duty on the state to act so that the “lives of [Intercape] drivers and passengers are not left in the balance”.
In terms of the order, which comes into effect immediately, the respondents must:
- “Develop a revised comprehensive plan on the steps they intend taking to ensure that reasonable and effective measures are put in place to provide for the safety and security of long-distance bus drivers and passengers in the Eastern Cape”
- pending the development of the revised action plan, ensure that:
- “A visible law enforcement presence is maintained at every loading point in Hotspot Towns and Areas at each of the times at which the applicant’s buses are scheduled to stop at those loading points in order to maintain the safety and security of long-distance bus drivers and passengers,” and
- “Law enforcement escorts are provided to the applicant’s buses along the Hotspot 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”.
Counsel for the national and Eastern Cape commissioners of police had argued that police resources were strained, describing having to provide escorts to certain Intercape coaches as “onerous”.
However, Judge Smith responded that what was being sought by Intercape was “little more than what it is reasonably expected of the police to do in any event”.
UNDER SIEGE: Intercape coaches have again come under attack in certain parts of the Eastern Cape in recent weeks. Police have failed to put a stop to the ongoing violence directed at Intercape, its drivers, and passengers
In recent weeks, there have again been concerted attacks against Intercape coaches in the province, with a number of incidents in which coaches were shot at in and around the so-called “hotspot” towns of Cofimvaba, Butterworth, Engcobo, Tsomo, and Idutywa.
Intercape approached the Makhanda High Court this week for a second time in an effort to compel the respondents to comply with a September 2022 order by the same court which ordered the respondents to “develop a comprehensive [action] plan”.
In its latest submission, Intercape argued: “Nine months have since passed.
“Still, the MEC and the Minister have not developed an action plan that complies with the requirements of the court order.
“They were required to produce a ‘comprehensive plan’ with details as to the time periods for the pertinent steps.
“But they have failed. The plan that was prepared falls woefully short of the mark.”
The company further argued that “the consequences, regrettably, are all too predictable”.
It said that having resumed operations in the no-go zones earlier this year, “Intercape once again finds itself the victim of acts of violence and intimidation”.
Arguing that the formulation of the action plan and its implementation have both been found wanting, Intercape said: “There is a real risk that the [original] court order will amount to nothing more than empty words on a page of the law reports”.
It accordingly sought a further order compelling the Eastern Cape MEC and Minister of Transport to prepare a revised action plan, in consultation with the SAPS, according to specified directions.
Given the persistent threat of violence, however, it further asked the court for an “interim measure pending the finalisation and adoption of the revised action plan, requiring the SAPS to implement the action plan as presently formulated by maintaining a visible police presence at loading points in Hotspot Towns and Areas and providing police escorts along Hotspot Routes”.
Commenting on the content of the latest court order, Intercape CEO Johann Ferreira said: “We understand very well that providing escorts to Intercape coaches is an extraordinary measure, but this is an abnormal situation we are dealing with and comes as a direct result of the police’s complete and absolute failure to act to stop these attacks.”
There have been over 150 cases opened with police in the Eastern Cape and not a single arrest to date, despite overwhelming evidence of criminality.
Ferreira said: “The only effective long-term solution to this problem is for the SAPS to arrest those responsible for perpetrating and orchestrating these acts. It is the absence of arrests and prosecutions that enables this blatant criminality and thuggery to continue.”
The order also provides for a return date of 12 July 2023 on which the court will hear submissions by the respondents as to why the order should not be made a final order of court.
“The SAPS is constitutionally mandated and obliged to maintain law and order to ensure the safety and security of all persons and property,” Ferreira said.
“The Constitution so holds and the High Court in Makhanda has now twice given orders to this effect. All we are asking is for the Minister and MEC of Transport and the SAPS to do their jobs.”
