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    Mec for Transport Eastern Cape Application

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    Mec for Transport Eastern Cape Application

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    © All Rights Reserved
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    15K views534 pages

    Mec For Transport Eastern Cape Application

    Uploaded by

    Krash King
    Mec for Transport Eastern Cape Application

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    © All Rights Reserved
    Download as PDF or read online from Scribd
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    IN THE HIGH COURT OF SOUTH AFRICA EASTERN CAPE DIVISION, MAKHANDA case noiZoTF tart Inthe mater between INTERCAPE FERREIRA MAINLINER (PTY) LTD Applicant ‘and 95 JUL ane mr Ste ‘THE MEC FOR TRANSPORT, EASTEF fst Respondent ‘THE MINISTER OF TRANSPORT ind Respondent PROVINCIAL COMMISSIONER, EASTERN CAPE, ‘SOUTH AFRICAN POLICE SERVICE Third Respondent NATIONAL COMMISSIONER, SOUTH AFRICAN POLICE SERVICE Fourth Respondent ‘THE NATIONAL PUBLIC TRANSPORT REGULATOR Fifth Respondent ‘THE EASTERN CAPE PROVINCIAL, REGULATORY ENTITY ‘Sith Respondent NOTICE OF MOTION ‘TAKE NOTICE THAT the applicant intends to make application on 23 AUGUST 2022 ‘10:00 or so soon thereafter as counsel may be heard for an order n the following tems ‘The matters to be heard as one of urgency in accordance with the provisions of Uniform Rule 6(12) and, insofar as may be necessary, dispensing with the forms, service and time-petiods prescribed by the Uniform Rules of Court Itis dectared that ~ second 2.1. the frst andjtespondents have an obligation to take positive steps to ‘ensure that reasonable and effective measures are pit place to provide forthe safety and security of long-distance bus drivere and passengers in the Eastern Cape; 2.2 such measures may include, but not necessarily be limited to, those ‘contemplated in the National Land Transport Act § of 2009 (‘the NLTA’). such as ~ 2.2.1. developing systems to improve land transport law enforcementin terms of section 85(1) of the NLTA; 2.22 appointing inspectors in terms of section 86 of the NLTA; 2.2.3 declaring, in terms of section 91(1) of the NLTA, that certain areas ‘constitute areas in respect of which the extraordinary measures ‘contemplated in section 91(2) ofthe NLTA may be taken; and 224 giving notice, in terms of section 91(2) ofthe NLTA, that one or more routes o ranks in a declared area are closed fr any type of public transport service and that any operating license or permit authorising services on a closed route or at a closed rank in a declared area is suspended; and 2.3 the first and second respondents have falied to take positive steps to ‘ensure that reasonable and effective measures are putin place to provide {for the safety and ceourity of long distance bue drivers and passengers in the Eastern Cape. 3. It Is declared that, in responding to the acts of intimidation and violence perpetrated against long-distance bus operators in he Eastern Cape — 3.1. the frst and second respondents have an obligation to cooperate withthe ‘Soith African Police Service ("the SAPS") and to coordinate ther efforts with those of the SAPS; 32 such cooperation and coordination may include, but not recessarlly be limited to, providing the SAPS with full details of all meetings andlor ‘communications the fist respondent has had with representatives of the taxi associations concerning the applicen’s operations in the Eastern Cape, including the identities of those with whom the frst respondent met andlor communicated with in this regard as well as full cetalls oftheir allegations and demands; and 3.3. the first and second respondents have failed to cooperate with the SAPS. ‘and to coordinate their efforts with those of the SAPS, 4 itis dectared that the first respondent acted unlawfully in requiring the applicant on 27 May 2022 to — “4.1. engage in negotiations with representatives ofthe minibus tax industry for purposes of regulating the price, frequency or times of the applicant's servis in the Eastern Cape; and 4.2 suspend ite services pending the outcome of thase negotiations ‘The first and second respondents are directed within 10 days ofthis order ~ 5.1. in consultation with the SAPS and the fith and sith respondents, to develcp a comprehensive plan on the steps they intend taking to ensure that reasonable and effective measures are putin place to provide forthe safety and security of long-distance bus drivers and passengers inthe Eastem Cape (‘the action plan’); and 5.2. to present the action plan on oath to this court and the applicant, together with an indication ofthe time periods within which the steps outined in the action plan will be taken ‘The applicant may — 6.1 respond on oath to the action plan within 10 days of it being presented in torms of peragraph §.2 above; and 6.2 _Inits discretion, set the matter down before the judge italy seized with the matter, o another judge, fora futher hearingto consider the adequacy: of the action plan to provide for the safety and security of long-cistance bus drivers and passengers in the Eastern Cape and to grant such futher relief as may be necessary, 7 The first and second respondents. together with any other respondents who ‘oppose this application, are ordered to pay the costs ofthis application, including the costs ot two counsel 8 Further andlor altemative relief. TAKE FURTHER NOTICE THAT the applicant intends to rely on the affidavit of JOHAN FERREIRA and annexures thereto in suppor thereof. ‘TAKE FURTHER NOTICE THAT the applicant has appointed ADAMS & ADAMS at the address set out below as its attorneys of record, at which address it will accept service ofall notices and process in these proceedings, ‘TAKE FURTHER NOTICE THAT if you oppose this application, you are required to: a) notify the applicant's attorneys in writing by 15 JULY 2022 of your intention to ‘oppose this application, 1) appoint in euch notification an address with 45 (fifteen) kilometres of the High Court, as envisaged by Rule 6(5)(b) of the Uniform Rules of Court, at which you wil accept notice and service of all documents in these proceedings; and ©) file your answering affidavit, f any, by § AUGUST 2022. KINDLY enrol the matter accordingly, iS paren aVterehv!) on tis” dayor_ CY _ 2022 | Emait/ '’jac.marais@adams atica demi.pretorius@adams africa Ree/ JSMIDICILTS149 clo HUXTABLE ATTORNEYS 26 New Street ‘MAKHANDA, Tet (046) 622 2692 Email: owen@huxattomeys.co.za To: THE REGISTRAR OF THE HIGH COURT MAKHANDA AND To: ‘THE MEC FOR TRANSPORT, SAFETY AND LIAISON, EASTERN CAPE First Respondent Stellenbosch Park Flemming Street Schomvile KING WILLIAMS TOWN AND To: THE MINISTER OF TRANSPORT Second Respondent Forum Bulleing 189 Struben Street PRETORIA AND TO: EASTERN CAPE PROVINCIAL REGULATORY AUTHORITY Third Respondent Stellenbosch Park Flemming Street Schornwilo KING WILLIAMS TOWN AND To: AND To: AND To: NATIONAL PUBLIC TRANSPORT REGULATOR, Fourth Respondent Forum Builcing 189 Struben Street PRETORIA PROVINCIAL COMMISSIONER OF THE SAPS, EASTERN CAPE Fith Respondent SAPS Provincial Office Griffiths Mxenge Building Buffalo Road Zwelitshe KING WILLIAMS TOWN NATIONAL COMMISSIONER OF THE SAPS. ‘Sith Respondent ‘SAPS Heac Office, Maupa-t Corner Park and Troye Streets Sunnyside PRETORIA IN THE HIGH COURT OF SOUTH AFRICA EASTERN CAPE DIVISION, GRAHAMSTOWN CASENO:__ In the matter between INTERCAPE FERREIRA MAINLINER (PTY) LTD. Applicant and ‘THE MEC FOR TRANSPORT, SAFETY AND LIAISON, EASTERN CAPE First Respondent ‘THE MINISTER OF TRANSPORT Second Respondent PROVINCIAL COMMISSIONER, EASTERN CAPE SOUTH AFRICAN POLICE SERVICES ‘Third Respondent NATIONAL COMMISSIONER, SOUTH AFRICAN POLICE SERVICES Fourth Respondent NATIONAL PUBLIC TRANSPORT REGULATOR Frith Respondent EASTERN CAPE PROVINCIAL REGULATORY ENTITY. ‘Sixth Respondent FOUNDING AFFIDAVIT |, the undersigned, JOHANN FERREIRA, do hereby make oath and state: 1 Lam an adult male busi Ferreira Mainiiner (Pty) Ltd, with Registration No, 1994/008758i07 (‘ietercape" Page2 sssman and the Chief Executive Officer of Intercape 2 The facts contained herein are within my personal knowledge, save where the context indicated otherwise, and are to the best of my beliefboth true and correct. 3. Where | advance contentions of a legal nature, 1 do so on the advice of Intercape's legal representatives, which advice | consider to be correct. 4 This affidavit proceeds as follows: 4a 42 43 44 45 48 az OVERVIEW First, | provide an overview of the application, ‘Second, | set out the parties to the proceedings. ‘Third, | detail the factual background. Fourth, | explain why Intercape is entitled to declaratory rele. Frith, address why Intercape is entilles to interdictory elit, ‘Sith, I set out why the matters urgent Finally, t conclude. 5 Forseveral years, the long-distance bus industry, and Intercape in particular, has. been subjected to widespread, ongoing and well-documented intimidation and Violence by representatives ofthe tax industry. a Page 3 In recent months, the intimidation and violence in the Eastern Cape ~ which forms the epicentre of the hosilties — has escalated to unprecedented and. intolerable heights. The attacks on long-distance buses are increasingly more {requent, increasingly more brazen and increasingly more severe, Against the backdrop of the ongoing attacks on long-distance buses, representatives of minibus taxi associations have convened multiple meetings: ‘with representatives of long-distance bus operators at which they have ‘demanded that the bus operators — 7.1 increase their prices to an agreed minimum price for specified routes; 7.2 limit the number of buses operating each route; and 7.3. alter the departure times of buses to appease minibus taxi operators, Resistance to these demands has been punished trough acts of violence ‘against Intercape's drivers and passengers, some of which have been fatal, as Wal as the creation of no-go zones" in which tax industry representatives have ‘made it exceedingly ifcut and dangerous for long-distance bus operators to load and offload passengers. In particular, Intercape has been told itmay not stop in Cofmvaba, Butterworth, Ngcobe, Tsomo end Dutywa (the ssecified areas"), The correlation between the taxi associations’ demands and the ongoing Violence is no coincidence, They represent the component parts of a statagem Of blatant coercion: Intercape must comply or sutter the consequences. Page 10 Despite help rterventons by he South Afican Police Service (‘the SAPS"), which served to restore operations inthe ‘no-go zones’ the war onthe long- éistance bus industry continues unabated. In large pat this can be attributed to the desertion ofthe MEC for Transport, Safety and Liaison, Eastem Cape (the: MEC”) and the Mnister of Transport (‘the Minister’. 11 In clear contravention of their constitutional and statutory obligations, the MEG: ‘and the Minister have taken no steps to put an end to the ongoing hostiies anc ‘coercion. Worse, the MEC has actively sustained the ongoing criminally by Instructing Intercepe to — 11.1 attend a meeting with taxi industry representatives regarding the implementation of an agreement aimed at regulating Intercape's ‘operations, including its fares and routes; and 11.2 notto operate in the specified areas until such an agreement had been reached, 12 By instructing ntercape to actin this manner, the MEC knowingly gave effect to the tax industry representatives criminal demands and coercive methods. In so doing, she has become an abetior of the ongoing criminality. This is the very anthesis of the role the MEC ought to be playing under the current ‘rcumstances. What is mor, it rectly undermines the SAPS’ offrts to put an ‘end to the ongoing criminality. 13. Intercape has attempted, via its attomeys, to engage with the MEC and oatain her assurance that she will — 14 18 Pages 13.1 cease undermining the SAPS’ efforts to ensure the safety of Intercape’s. employees, passengers and buses: 19.2 coo2erate fully wth the SAPS' ongoing efforts to investigate and arrest. the perpetrators of the act of intimidation and viclence, including by Providing the SAPS with detals of her meetings and other communications with representatives of the tax! associations; and 13.3 comply with her statutory obligations, including by taking the necessary: postive steps to put an end to the ongoing criminal conduct and, furthermore, ensure the safety of Intercape's empoyees, passengers and buses. Regrettably, these effort have come to naught So, too, have Inercape's efforts to secure equivalent assistance from the Minister. In keeping with their svategy of desertion, neither the MEC nor the Minister has resporded to the various letters Intercape's attorneys have writen to them. They have played dead. And in 0 doing they have felled to full their obigation to tace reasonable and effective stops to put measures in place to ensure the safety and securty of Intercape’s employees, passengers and buses. In bringing this application, Intercape seeks primarily to safeguard twee constitutional ights: 15.1 The ight to freedom and security of the person, Section 12 of the Constitution safeguards the right to freedom and security ofthe person, hich includes the right to be free from all forms of violence from either public or private sources. This fundamental right is both inked to and ws 182 153 Page 6 informed by others, including the right to life (section 11) and the right to have one's human dignity respected and protected (section 10), The ‘ongoing acts and threats of violence against Intercape's employees: and passengers infringe or, atthe very least, threaten this right. ‘The ight to freedom of rade, occupation and profession, Section 22 of the Constitution protects the right of every cltizen to choose their trade, Cecupation or profession. Intercape cartes on the business of a'ong- distance bus operator, to which end it employs bus drivers. Both Intercape and its bus drivers are holders of valid operating licences and permits that authorise the carriage of passengers along various rotes inthe Easter Cape and beyond. The ongoing criminality interferes with both Intercape's and its drivers’ section 22 rights “Tha tight nt to be deorved of property. Section 22 ofthe Constitution shouldbe read alongside section 25, which guarantees the right not to be deprived of property other than in terms of a law of general application. The threatened and actual destruction of Inircape's buses, being propery utlced in the furtherance of is rade, sa drect interference with Inercape's section 25 rights. So too is the loss resulting frem the foc thatthe ongoing intimidation and violence has- prevented ntercepe from operating in certain areas, Additonal, Intercape's ability to operate depends on the publc perception thet is 2 safe and dependable bus service. The ongoing criminality threatens to injure Intercape's good reputation which, in turn, to cause a loss of 16 7 Page passengors and revenue. This constitutes a further intingement ofits section 25 rights. ‘The MEC and the Minister are obliged in terms ofboth the Constitution and the National Land Transport Act 5 of 2009 (‘the NLTA') to take reasonable and effective stops to respect, protect, promote and full the aforementioned rights \which are prasenty being intinged andlor threatened bythe rmpantintmidatin ‘and violence. Under the current circumstances, this imposes a postive obigatin onthe MEC and the Ministero ensure that reasonable measures are putin pace to provide forthe saety and secury of long-distance bus drivers and passengers In the Eastern Cape. They have filed grossly in fulfling this duty. Intercape accordingly seeks declaratory orders conceming the folowing three 17.1 first, the MEC's and the Minister's respective obligations to tke positive steps to ensure that reasonable and effective measures arain place to provide forthe safely and security oflong-cistance bus drivers: ‘and passengers in the Eastem Cape; 17-2 second, the MEC's and the Minister's obligation, in responding to the acts of Intimidation and violence being perpetrated against long- distance bus operators in the Easter Cape, to cooperate with the: SAPS; and 17.3 third, the MEC’s unlawful conduct in requiring Intercape to engage in Negotiations with representatives of the minibus taxi industy ‘or purposes of regulating the price, frequency or times of Intercape's w 18 19 20 Page ‘senices in the Eastern Cape and to suspend its services pending the ‘outcome of those negotiations. Intercape also seeks inlerdictory relief requiring the MEC and the Minister to develop a comprohensive plan on the steps they intend taking to ensure that reasonable and effective measures are putin lace to put a end to the ongoing ‘timinalty boing perpetrated against Intercape and to report this court ones it has done so. Such interventions required, ands therefore sought, onan urgent basis, ‘The reli sought by ntercape is aimed at protecting not ony is own rights but also those ofits employees and passengers. Intecape therefore seeks the protection of the abovementioned constitutional rights in tems of section 38(2), section 38(c} andlor section 38(e) of the Constitution. It also approaches the Court to assert the ighs ofthe public as permitied by secon 39(4) of the Constitution. ft does so to protect both the members ofthe public who wish to travel on Intercape buses 1nd those who are being impacted upon indirectly by the intimidation and violence being perpetrated against Intercape. Intercape'srightto seek protectin forthe reveling public stams from the general duty of care that it owes tits passengers and those who inlend to purchase bus. tickets, ntercape’s operating licence also expressly requres i to conduct ts business ‘with due regard othe safety ofthe public and passengers..[and to]. do everything in [ts power] to ensure that no violent incidents occur” Consequently, Inlercape is duiy-bound to take reasonable measures to ensure: the safety of the traveling public. It has sought to take such measures by ® Poge 9 ‘engaging with the SAPS. Although these efforts are helping, they are not sufficient in themselves to curb the rampant onslaught against Iniercape's employees, passengers and buses, especialy when undermined by the MEC. Intercape accordingly has no choice but to bring these proceedings, ‘THE PARTIES 21 The applicant is Intercape Fer ra Malnliner (Pty) Ltd Intercape Is a compeny incorporated according to the company laws of South Alfican and has its registered place of business situated at the comer of Staal and Research Roads, Protoria West, Gauteng 22. The firstrespondentis the MEC for Transport, Safety and Liaison, Eastem Cape. Her office is situated at Stellenbosch Park, Flemming Street, Schomwille, King William's Town. 23. The second respondert is the Minister of Transport. His office Is situated at Forum Building, 159 Stuben Street, Pretoria. 24. The third respondent is the Eastern Cape Provincial Regulatory Entity (the Eastern Cape PRE’). Iti established in terms of section 23(1) of the National Land Transport Act § of 2009 (‘the NLTA") and is located at Stellenbosch Park, Flemming Street, Schomville, King Wiliams Town, 25 The fourth respondent is the National Public Transport Regulator (the National Regulator’) Itisestablshed in terms of section 20(1) ofthe NLTA ands located ‘at Forum Building, 159 Struban Street, Pretoria, Page 10 26 The fifth respondent isthe Provincial Commissioner of the SAPS, Eastern Cape (the Provincial Commissioner). Her office is situated at the SAPS Provincial Office, Griffins Menge Building, Buffalo Road, Zvelitshe, King Wiliams Town. 27 The sixth respondent is the National Commissioner of the SAPS ("the National Commissioner’) His office is situated at the SAPS Head Otfice, Maupa-Naga, ‘Comer Park and Troye Streets, Sunnyside, Pretoria 28 Save in the event of them opposing this application, no relief is sought agsinst the Eastem Cane PRE, the National Regulator. the Provincial Commissioner or ‘the National Commissioner. They are cited solely by vtue of her interest inthe: rolef sought agahst the MEC and the Minister, particulary insofar as it may require the MEC and the Minister to cooperate with them, FACTUAL BACKGROUND Intercay 's business 29 Intercape s an “operator” within the meaning ofthe NLTA, as it caries on the business of operating public Intercity scheduled transport services within the borders of South Aca. For over 4 decades It has picked up and dropped-of passengers across various stops located across the country. For over 3 of them, ithas done so in the Eastem Cape. 30 Over that time, Intercape has established itself as one of the county’ leading Intercity bus services. Each year it transports more than 1.6 million passengers. between cies across South Africa as wall as to its neighbouring countries. The e 3 Page tt service Intercape provides is integral to the proper functioning of the public transport sector, both nationally and in the Eastern Cape. In terms of the operating licences issued to Intercape in terms of the NLTA, itis permited to load and offload passengers at various designated stops across the ‘country, including the Eastern Cape. These inciude the bus stops.n the specified ‘areas which have recenty formed the epicentre ofthe violence against intercape. History of intimidation and violence and intimidation 32 Intercape’s dificuties withthe tax! industry in the Eastern Cape commenced in around 2015, According to Mr Kapp, who was Intercape's Regional Manager in the Eastem Cape at the time — 324 322 the Issue raised by taxi associations at that point was that Intercape's| operating Hcences were issued in the Western Cape but permitted Intercape to operate in the Eastom Cape. The simple explanation for this is that Intercape's head office is located in the Westem Cape; the typical modus operandi employed by the perpetrators of Intimidation and violence at that point In tme was to walt at the designated pup and drop-ff locations, where they would approach lntercape's drivers demanding o see its operating cence. I they were not satisfied thatthe operating licence permitted Inercape to operate In the Eastom Cape, they would prevent passengers from being dropped off or picked up by threatening either physical harm or even death; Page 12 32.3 the transgressors, who appeared to Intercape’s employees fo be rmembe' of taxi associations, attempted to intimidate Intercape end other leng-distance bus operators and coerce them to use diferent routes those pormited by ther respective operating licences. ut as can be seen from the sample operating leancn altached marked “"FA1 the route to be operated in terms of any given licence andthe permitted drop-off and pick-up points are prescribed in precise deta ‘Any. deviation from the prescribed route would constite a ‘contravention ofthe licence. 33. Aconfirmatory afidavit by Mr Kapp wil be fled with the Court prior to the hearing of the matter. 34 The incidents of volence ageinstitercape inthe Eastern Cape escalate in the later part of 2019, Athough the nature of the acs of intimidation and violence at that point in time was not notably ifferent to before, the demands put 10 Intercape were more brazen. According to Mr du Bruyn, Intercape's Head of Inspectorate at the time, the taxi associations sought to intoduce price ‘mechanisms whereby long-cistance bus operators would increase thelr pricing ‘and reduce the frequency of ther trips. 35 Mr du Bruyn wat ited to attend various meetings in this regard by tax association representatives, He made i clear that rtercape would notatend any meetings where pricing would be discussed and would not entertain any such discussions. As such, Intercape only attended meetings if they were also: attended by menibers of the SAPS and the Easter Cape Department of Trensport Rc) 36 37 38 Page 13 (the Provincial Department’). Naturally, Intorcape did not agree to any of the taxi associations unlawul demands. Pursuant to #1 escalation in Intimidation and violence at the end of 2019, in March 2020 Intercape launched urgent High Court proceedins in which they sought interdicts ~ 26.1 directing the SAPS stationed at the affected towns to prevent further ‘acts of criminal activity atthe bus stops in those towns; and 38.2 prohibiting the relevant taxi associations, and other unknown protestors, fom interfering with Intercape's right to. transport passengers in accordance with its permits and operating licences. ‘Three days alter those proceedings were launched, the county was placed under nationwide lockdown — which included a prokittion on inter provincial travel - on account ofthe Covid-19 pandemic. Unsurprisingly, that caused the ‘cts of intimidation and violence to abate, atleast temporarily, and it was not necessary for Intarcape to proceed any further with those proceedings. ‘Any relief resulting from the Covid-19 pandemic was short-lived. As the long-term ‘economic consequences of the pandemic have become more entrenched, so the taxi violence as intensified. The reason for this is obvious. 38.1 Thepublic transport sector was particularly negatively impacted upon by the various lockdowns, corresponding travel prohitions and lack of tourists. Public transport services, especially those of an interprovincal nature, were essentially brought toa standstl Page 14 38.2 To keep their businosses alive, long-distance bus operators had to slouly decrease ther prices. From the moment i became known that long-distance bus operators were charging similar rates to taxls offering long-distance services, there has been a market increase in cis of intimidation and violence against Intercape and other long- distance bus operators. This is despite the fact thatthe services offered by entitse such as Intercape difer materially from the services offered by the tax! industry 38 On 8 Apri 2021, a meeting was held in Mount Frere. As it was attended by members of the SAPS and the Provincial Department, Intercape attended too. ‘According to the minutes, a copy of which is attached marked “FA2", Mr du Bruyn placed on record that Intercape was aware ofa prior meeting where prices \were apparently set but that Intercape would not participate in price fixing as its. unlawful, The brazen behaviour of the taxi associations can be seen on the next page of the minut, where a certain Mr Honono, presumably a member of ne of the taxi associations i recorded as saying that an agreement had been reached in terms of which certain pricing structures would be implemented by the mejority ‘of bus companies and that intercape ‘must follow the agreement”. 40 When Intercape refused to participate in any agreement with the taxi associations, they started attacking buses by stoning and shooting at them. 41 From about January 2021, matters have escalated to a point where Intercepe is. ‘requently unable to drop-off or pick-up passengers at the specified areas. Consequently, pessengers were often forced to take a taxi to the next town in a2 48 45 Page 15 ‘order to be able to board the bus or, depending on the circumstances, police vehicles would heveto accompany the bus othe nex town inorder forito safely collect passengers and take them to their destination or, futher alternatively, police vehicles would have to bring passengers to the next town n order for them to board the bus safely. Presently, Intercape's buses are harassed by taxi associations in the Eastern Cape on a daily bass. Intercape's divers are forcibly prevented from oftoading Cr collecting passengers at the designated areas and are often constrzined to dive to the next iown in order to do so. Intercape’s buses are also at dally risk of violent attack. Intercape has baen the Victim of several violent attacks ~ usually by shooting or stoning of is buses — in hich its drivers and passengers have been injured and even killed (| provide etalls ofthis furher below). ‘The volonce has escalated to such a serious degree thatthe risk of belg shot or hit by a rock through @ windscreen is now a daly reality in the Ines of Intercape's empoyees and passengers. The knock-on effect ofthis constant threat of violence on Intercape's business ~ although entirely secordary in importance — is obvious. From February 2022 the only manner in which to safely embark and disembark passengers in certain towns inthe Eastern Cape was to do so at police stations ‘The Eastern Cape towns where Intercape collects and offloads passengers are mall, with the reeult that the police stations are often located within close proximity tothe collection and drop off areas. At times of heightened violence ye 46 47 Page 16 ‘andior intimidation, tnlercape's employees would contact the relevant local SAPS to assist. Intercape has been the terget hundreds acts of violence orinimidation. Over the last 13 months alone, Inlercape has lodged more than 150 criminal complaints with the SAPS across the country and more than 70 casas has been opened in the Eastem Cape alone during this time. | attach marked “FAS” a spreadsheet setting out these cases in further detail 'As can be seen from the first page of the spreadsheet, 28 incidents of stoning related to taxi violence were reported over the past 12 morths, while there have been 12 shootings over the past 5 months alone. During one ofthese incidents, on 11 July2021 at Cofinvabe, a passenger was shot. Page 3 ofthe spreadsheet detals a large number of incidents recorded as tax violence between 22 January 2021 and 18 June 2022. To demonstrate the severity ofthe situation, | highlight below some ofthe more serious incidents involving Intercape's buses: 47.4 0n22 January 2021, at Mount Frere, an Intercape bus was held by @ tcup of individuals who demanded to see the passengers tickets in order to check the tcket prices. Those passenge's whose tickets were less than R500 were threatened not to embark. According tothe log, ‘a gunshot came from the group of individuals, but no-one was hurt. 47.2 0n29 March 2021, 12 passengers had to be leftbehind when the bus. drivers were held at gunpoint 47.3. On3 April 2021, Intercape was prevented from lnading passengers at ‘Qumbu. The passengers followed the bus to Mcunt Frere in the hope: we ara 475 476 arr 478 479 4740 am Page 17 Cf boarding the bus there but were once again prevented from doing ‘s0 and had to follow the bus to Kokstad in order to board, (On 4,7 and 18 Api 2021, Intercape was forced to leave 20, 18 and 13, passengers, respectively, behind at Mount Frere, (On 28 June 2021, at Cofimvaba, Intercape’s bus was held at gunpoint bark, and its passengers were not alowed to embark or dis (On 20 June 2021,at Cofmvaba, a bus was prevented from loading and offcading passengers. One ofthe rear tyres ofthe bus was punctured with a sharp object (On @ number of occasions, such as on 3 July 2021 at Cofimvaba, routes were blocked by @ number of private vehicles while the Individuals involved threatened to inflict physical harm if any attempts Were made to oad or offload passengers. (On § July 2021, ai Cofimvaba, Intercape's staff were assaulted and Mr du Bruyn’s coll phone was damaged in a scuffle with individuals who ‘were trying to prevent buses from loading and offloading passengers. (On 11 July 2021, at Cofimvaba, a passenger was shot and wounded in the stomach area (On 14 July 2021, at Butterworth, one of Intercape’s bus drivers was assaulted and opened a case, (On 21 July 2021, at Butterworth, another driver was assaulted and opened a case, 4742 4743 4734 47.48 4748 araT 47.18 Poge 18, (0n 26 August 2021, at Mthatha, the public were forcibly prevented from purchasing tickets at Intercape's offices, (On 29 November 2021, at Tsomo and Cofimvaba respectively, one of Intercape's buses was prevented from loading and offloading passengers. (On 6 January 2022, at Mount Frere, one of Intercape’s buses was Impounded because it had to slop on a road not designated for loading ‘and offloading passengers. The reason it had done so was because taxis were blocking the bus stop, (0n17 January 2022, at Tsomo, after collecting a single passenger, an Intercape bus was folowed by a red Toyota, without number plates, approximately 4klometres out of town, and was forced to engage with the individuals who told the bus drivertoretum tothe town and dropoff the passenger. The driver was subsequently assaulted. (On 18 January 2022, at Tsomo, @ passenger was prevented from Gisembarking the bus. (On 14 February 2022, outside of Tsomo, attempts were made to stop fa bus, When the bus driver refused to pullover, the bus was shot at Fortunately, no inuries were sustained. (On 15 February 2922, at Tsomo, while engaging an individual who tried to force the bus diver to retum a passenger to Butterworth (where the passenger was callacted from), another vehicle approached the scene nwa) 47.49 4720 4721 4722 4723 4724 Page 19 and a group ofindlviduals jumped out with sticks and bricks and started hitting and stoning the bus. (0n 17 February 2022, a Butterworth, a bus driver was prevented from loading passengers and was threatened by the relevant individuals in the avant that the criver lnaded the passengers al the local police station, The diver was too scared to load the passengers from the police station and therefore left 26 passengers behind (On 21 February 2022, at Butterworth, one of Intercape's buses was shot at. Fortunate! no injuries were sustained. Two days later, on 23 February 2022, about 33 kilometres from Dutywa, another shooting incident occurred. Once again, no-one was, Injured and the driver managed to drive to relative safety. On the same day, an Intercape bus was shot at Borcherds Quarry (On 4 March 2022, at the Intercape depot in Cape Town's Alport Industrial area. a driver exiting the depot was seriously injured when he was shot in the neck and log (On 22 March 2022, at Gradock, @ passenger sustained injuries to her face during a stoning incident. On that particular night, eight long- distance bus operators (not all Intercape buses) were stoned on the same route, (On 41 Aprl 2022, et Quoenstown, in another stoning incident, © passenger sustained a minor injury while another sustained damage to his watch when it was hit by @ stone. ry 49 Page 20 47.25 On 13 Apdl 2022, In a stoning incident at Outywa, a passenger ‘sustained a head injury and had to be attended to by paramedics. 47.28 On 14 April2022, outside Mthatha, a bus was shot a from an oncoming vehicle. 47.27 On 25 April 2022, a bus driver was shot and injured wile exiting the Intercape depot in Cape Town Airpor’s industrial area. Sadly, on 28 Apri 2022, the driver succumbed to his injuries, 47.28 On the evening of 28 Apri 2022, another shooting incifent occurred, this time close to Johannesburg, demonstrating thatthe taxi violence: 's spreading throughout the country. 47.29 0n28 May 2022, there was an attempt to burn five (5) Irtercape buses at a depot in Mthatha, Its apparent from these incidents alone that the taxi violence hes escalated to Plainly intolerable levels. Intercape's buses have been the subjectof 14 shooting Incidents since February 2022. This in comparison to just 1 shooting over the whole of last year. There has been a similarly steep increase in the number of stoning incidents. Intercape’s buses have been stoned 26 tines since the beginning of 2022, in comparison to just 2 incidents of stoning inthe whole of last year. The unlawful conduct has also expanded to arson Often stones are hurted at buses while traveling at speed. This can be, and has ‘been, extremely damaging to Intercape's property and is extremely dangerous Page 21 forits drives and passengers. Images illustrating the damages and injuries which follow upon these stonings are attached marked “FAS”. 50, The Ines of Intercape's employees, passengers and innocent bystanders are row in constant and sbundant danger. Atleast one ofthe injuries sustained by an Intercape employes was ofa serious nature, and one was fatal tis merely @ matter of time before an ntercape passenger or member of the publi is fatally injured. 51 As anexample of howdangerously close Intercape has been to such an incident, \ attach marked "FAS" photographs showing some of the damage that has been done to intercape’s buses as a result of shootings, Notably, one ofthese images depicts a bullet hole inthe headrest ofa seat which, fortunately, was not occupied by @ passenger atthe time. Intercape's interactions with taxi associations 52 Over the cours ofthe last two years, Intorcape's representatives have attended several meetings with the taxi associations in attempts to put an end to the harasement and violence. These efforts have been fruless. I is not only the violence which has hiensified, but also the taxi associations’ demands. No longer do they merely demand that Intrcape and other long-distance bus operators use alterative routes, but they are now actively attempting to prescribe to Intercape the precise terms on which it may conduct its operations In the Eastern Cape, ey Page 22 53 Since 2020, the demands made by taxi associations include, amongst others, that long-distance bus operators must — 63.1 restrict the number of ses operating out of any town to two buses per day; 53.2 have thelr operating licences amended in order to reflect a timetable that is acceptable to the taxi associations; 53.3 increase their prices as determined by the tax! associations; and 53.4 pay acash levy forusirg a particular route. 54 These demands are grossly unlawful, On the one hand, they contravene the competition laws of South Attica, On the other, the violent conduct with which they are coupled is plainly criminal, And taken in tandem, the demands and corresponding acts and threats of violence amount to extortion, 55 As with any extodion, the choiees faced by long-distance bus operators are entirely Impossible: either they must relent to the taxi associations’ demands, thereby becoming compli in thei unlawful and criminal activites, or they must stand fr, but in doing so acceat that they place the lives oftheir employees, passengers and other members ofthe public in jeopardy. The situation i plainly untenable. 56 The tax! associations have not confined their extortionist conduct to long- distance bus operators. Of late, they have also demanded that ticket vendors ‘cease the sale of bus tickets. To exemplify this, | attach: w 57 56.1 56.2 563 Page 23 marked "FAS", a copy of a letter sent to the management of the ‘Shoprite store in Tsomo by the Tsomo Taxi Association on 15 February 2022, demanding that they siop seling intercape tickets; matked “FAT”, 9 handwrten note provided by Computicke’s head office to Inleccape, which was provided to Computicket by someone from Shoprite in Lady Frere, recording their interaction with taxi ‘operators on 11 March 2022. The indvidual who provided the note to Computcket has requested to remain anonymous for fear of thelr personal safety: marked “FAB”, an undated letter sent to all supermarkets in Ngcobo. by the United Ngcobo Taxi Association, requesting that they stop” selling long-distance bus tickets. Here, oo, the person from whom the. ‘ote was obtained has asked to remain anonymous; and marked "FAQ" copy of a letter dated 1 March 2022 received from: ‘Shel! Ulra City in Kei Bridge, advising that it required Intercape no. longer to stop at ils garage as a result of the intimidation being perpetrated by taxi associations and their members. ‘Although the vendors of bus tickets have not been overly threatened with Violence, that Is rot necessary. The context in which the demands have been ‘made, and the fec that thatthe taxi associations have audaciously placed these demands on th letterheads, isin itself more than sufficient threat, | say so ‘because of how well known the taxi violence in South Arica presently is, Once it becomes clear that the requests emanate from taxi associations themselves, it wo 58 59 60 6 Page 24 has the effecto instiling fear. is no diferent to the demands having been made with a gun to the vendors’ heads. ‘As a result ofall the above, Intercape has on occasion had to stop providing, services in cetain towns in the Eastern Cape, including the specified areas. Following the escalation ofthe tax! violence, | was forced to become personally involved in trying to resolve the issues wth the taxl assoclatons. Earlerthis year. Intercape was invited to @ meeting in East London by way of a message sent on 1 WhalsApp group which, as l understand, was created by the taxi associations {or the purpose of engaging with long-distance bus operators. ‘The meeting was held on 28 March 2022 and was attended by various taxi associations ftom across South Africa, including the Cape Amalgamated Taxi ‘Association (CATA), the Cape Organisation forthe Democratic Taxi Association. (CODETA), UNCEDO and the Gauteng Taxi Association, as well as several long-

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