High Court ruling bolsters safety measures in Western Cape taxi industry

As Santaco Western Cape prioritises safer long-distance taxi travel this festive season, the Western Cape High Court's decision for the earlier interim order aimed to curb violence and intimidation within the minibus industry has been made permanent.

The news has been welcomed by residents - who are calling on associations, Cape Organisation for the Democratic Taxi Association (Codeta) and Cape Amalgamated Taxi Association (Cata) to reassure them they will be safe as the festive season is in full swing.

On Thursday, the South African National Taxi Council (SANTACO) Western Cape coincidentally launched its focused Festive Road Safety Activation at the Site-C Long Distance Taxi Rank in Khayelitsha, under the theme Putting driver wellness first.

The Western Cape Mobility Department said it welcomes the Western Cape High Court's decision on December 10 in the matter between the Provincial Minister for Mobility and the Cape Amalgamated Taxi Association (CATA) and others.

The ruling has made permanent the earlier interim order aimed at curbing violence, intimidation, and unlawful operations within the minibus taxi industry.

In October Cata taxi owner, Mzukisi Zwakala, 44, and two others became the latest casualties of the violence and bloodshed when police were called to the scene in Lwandle.

The shooting came shortly after the reopening of taxi routes between Khayelitsha, Mfuleni and Somerset West after a month-long shutdown due to violent clashes between the rival associations.

The closure of the routes followed six fatalities linked to the disputes.

Western Cape Mobility Mec, Isaac Sileku, approached the court earlier this year following ongoing conflict between rival associations, particularly over the contested M18 route between Mfuleni and Somerset West.

Despite attempts to mediate, violence escalated from June onward, leading to several fatalities and continued threats to public safety.

A temporary interdict was granted in August , but violent incidents persisted, including as recently as October.

"This decision sends a clear message, the rule of law must prevail and the safety of commuters must come first. Taxi associations are required to comply with all operating licence conditions. Failure to comply with this ruling will result in legal consequences," said Sileku.

"This order is a victory for every commuter who deserves to travel safely and without fear. Violence and lawlessness have no place in our transport system.

"We commend our legal team for their diligent work and reiterate our commitment to working with all stakeholders to ensure a safe, reliable, and regulated public transport system."

In October, Sileku had welcomed the high court's decision to dismiss the urgent interdict application brought by Codeta.

The court found that the department had acted within its legal mandate when it invoked the measures for passenger safety. Codeta challenged the closures and argued that it was procedurally unfair and unlawful at the time.

On Thursday Codeta's spokesperson, Nceba Enge was approached for comment by Cape Argus on the court's decision, to which he said they were not ready.

During a televised interview, following the decision, Enge said they were committed to keeping passengers safe. 

Makhosandile Tumana, Santaco PRO and who is part of Codeta, said he was also not at liberty to comment.

Cata did not reply to queries.

Nicholas Gotsell, MP - DA NCOP Member on Security & Justice added the decision had reaffirmed the law: "The court's decision affirms that the rule of law applies equally to all operators, and it creates a clearer pathway for SAPS and law-enforcement to act decisively when intimidation or unlawful operations occur."

Christiaan Stewart, People's Movement for Change REC deputy secretary and community activist called on associations to engage with commuters.

"Our community wants to know that they are going to be safe this festive season as buses are not common this side, so residents have to rely on the taxis."

The Western Cape Minister of Police Oversight and Community Safety, Anroux Marais said the department welcomes the court’s ruling, which affirms the principle that commuter safety must remain the highest priority. "We cannot allow situations of lawlessness or unresolved disputes within the taxi industry to place the public at risk. When parties are unable to find structured and peaceful solutions, it is essential that the rule of law provides the necessary protection to the public and stability.

"Our department will continue to work closely with the Department of Mobility, SAPS, and all relevant stakeholders to strengthen the mechanisms that manage conflict within the taxi sector," Marais said.

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Cape Argus