Another win for Intercape in court battle with Mbalula

Intercape wins as Makhanda High Court rules against Minister Mbalula’s appeal. File picture: Phando Jikelo African News Agency (ANA)

Intercape wins as Makhanda High Court rules against Minister Mbalula’s appeal. File picture: Phando Jikelo African News Agency (ANA)

Published Jan 11, 2023

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Cape Town - Intercape has hailed a Makhanda High Court ruling which dismissed Transport Minister Fikile Mbalula’s leave to appeal an order forcing him and Eastern Cape Transport MEC Xolile Nqatha to develop an effective action plan to provide safety for the bus drivers and passengers.

Judge John Smith in his ruling on Tuesday said he was of the view that the appeal had no reasonable prospects of success.

Mbalula’s appeal was dismissed with costs including the costs of two counsel.

The long-distance bus company took the officials to court following years of attacks which escalated last year when a driver was killed and many others wounded. A bus driver was also wounded in a shooting in Cape Town in December.

“I must say, however, that the minister’s resistance to co-operation with the provincial authorities is rather surprising, particularly having regard to the fact that our constitutional dispensation is founded upon the principle of co-operative governance,” Judge Smith noted.

Intercape chief executive officer Johann Ferreira has now urged President Cyril Ramaphosa to appoint “a competent person” to the critical transport portfolio who would be able to bring order, stability and accountability to the sector.

“All this legal action and associated costs would have been totally unnecessary, if only Minister Mbalula had done his job,” said Ferreira.

Ferreira also had a word of caution for Police Minister Bheki Cele, whom he accused of failing in his duty.

Intercape is expected to soon be restarting operations in no-go zones including Cofimvaba, Butterworth, Engcobo, Tshomo and Idutywa in the Eastern Cape.

This after local taxi associations had prevented long-distance coaches from operating in the towns.

The DA in the Western Cape also welcomed the judgment, saying Mbalula’s appeal was evidence that he had no interest in resolving the crisis.

Cape Times