Local municipalities in the Eastern Cape have been accused of unlawfully targeting the operations of Intercape Ferreira Mainliner (Pty) Ltd, and the police of failing to protect it against ongoing violence, in direct violation of court orders.
Intercape is now pursuing contempt of court proceedings against individual members of the South African Police Service (SAPS), with the threat of 90-day terms of imprisonment.
In June, Intercape secured three further High Court victories in the span of just 14 days, taking its unbroken legal record to 17 consecutive victories before the High Court of South Africa, Eastern Cape Division (Makhanda).
Despite the latest and clear rulings, Intercape says municipal traffic departments continue to unlawfully impound buses and issue fines in direct violation of existing court orders. It further accuses SAPS of continuing to fall short of its constitutional and court-ordered obligations to protect passengers, drivers and operations from ongoing violence and intimidation.
In the latest incident on 19 June, a passenger was badly injured and hospitalised after an Intercape bus was targeted by rock-throwing assailants as it entered Engcobo.
Law is clear
The company stated that the latest judgements, focused on Dutywa and Engcobo, which were obtained against the Mbhashe Local Municipality, SAPS, and the Dr AB Xuma District Municipality, respectively, reaffirmed Intercape’s lawful right to operate throughout the Eastern Cape.
It said the judgements reinforced existing court orders directing the police and local municipalities to protect – rather than obstruct – its operations.
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“The law could not be clearer,” Intercape said. “Seventeen separate court victories have consistently confirmed our operating rights, the validity of our licences and the legal obligation on the authorities to protect our passengers. Yet unlawful interference continues.”
Intercape has warned that this will no longer be tolerated. “Any official who deliberately ignores or violates existing court orders will be pursued personally through contempt of court proceedings. Courts have already indicated that continued non-compliance may result in imprisonment of up to 90 days.”
Officials placed on notice
Intercape says the recent and latest judgements send an unequivocal message to every municipality and law enforcement agency across the Eastern Cape. “Court orders are binding. They are not optional, nor may officials choose which judgements they will obey,” the company said.
Intercape will immediately institute contempt proceedings against officials who continue to ignore court orders by unlawfully impounding buses, obstructing operations, or failing to provide the protection ordered by the courts. Intercape said it had already formally notified authorities of the resumption of operations in Alice and expected full compliance with existing court orders governing SAPS protection and municipal conduct.
The warning extended equally to authorities in Butterworth, Idutywa, Tsomo, KwaMaqoma, Dimbaza, Cofimvaba and every other town where existing court orders remain in force, the company added.
Committed to serving Eastern Cape communities
Intercape says it has lost millions of rands by being prevented from operating across various towns in the Eastern Cape, due to intimidation and violence by taxi associations, and the tacit support of municipal officials and SAPS.
However, it said legal victories were about more than protecting a commercial operation. “They protect the rights of the hundreds of thousands of people who rely on our services every year – learners returning home for the school holidays, workers travelling between provinces and families who depend on safe, reliable public transport.”
With the school holidays underway, Intercape says it remained fully committed to serving Eastern Cape communities and expected all organs of state to honour both their constitutional obligations and the binding orders of the courts.
“Seventeen court victories have established beyond doubt that Intercape’s operations are lawful,” the company said.
Source: arrivealive.co.za
