Long-distance bus operator Intercape Ferreira Mainliner has accused municipalities in the Eastern Cape of illegally targeting its operations and failing to comply with multiple court orders, while also alleging that the South African Police Service (SAPS) has not fulfilled its legal obligations to protect passengers and staff from violence.
The company has warned that it will pursue contempt of court proceedings against individual officials who continue to disregard binding court rulings, with some SAPS members facing the possibility of personal imprisonment for up to 90 days if found guilty of contempt.
The latest developments follow three high court victories secured by Intercape in 14 days during June, bringing its tally to 17-consecutive victories in the Eastern Cape Division of the High Court in Makhanda, Arrive Alive reported on its website yesterday.
Despite the rulings, Intercape says municipal traffic authorities continue to impound buses and issue fines in contravention of court orders, while police have allegedly failed to provide adequate protection against ongoing attacks and intimidation.
Passenger injured in latest attack
The company’s concerns were heightened by a violent incident on 19 June when an Intercape bus came under attack while entering Engcobo.
According to Intercape, rock-throwing assailants targeted the vehicle, resulting in a passenger sustaining a serious head injury and requiring hospitalisation.
The incident has intensified scrutiny of the SAPS’s compliance with previous court orders directing law enforcement authorities to provide visible policing and protection for Intercape services operating in violence-prone areas.
‘The law could not be clearer’
Intercape said the latest judgments, involving Dutywa and Engcobo, reaffirmed its legal right to operate throughout the Eastern Cape.
The rulings were granted against Mbhashe Local Municipality, the SAPS and Dr AB Xuma Local Municipality, respectively.
“The law could not be clearer,” the company said in a statement.
“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 warned that future violations of court orders would be met with legal action against individual officials.
“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.”
In what Intercape refers to as its 15th court victory, on June 11 Acting Justice Molony interdicted Mbhashe Local Municipality from preventing, obstructing or sanctioning Intercape buses stopping outside Dutywa police station.
The matter arose after municipal traffic officials allegedly fined and interfered with Intercape vehicles that had relocated their stop following taxi-related intimidation.
Intercape said the move to the SAPS station was expressly permitted under the special conditions attached to its operating licences.
The court found that the municipality had not challenged the validity of the licence conditions and therefore had no legal basis to interfere with the operator’s activities.
Senior SAPS officials ordered to explain conduct
In a separate ruling handed down on June 25, Acting Justice Coltman issued a rule nisi requiring the national police commissioner, the Eastern Cape provincial commissioner and the Engcobo station commander to appear before court on August 6.
The officials will be required to explain why they should not be held in contempt of court for allegedly failing to comply with an earlier order compelling SAPS to provide visible policing and escorts for Intercape buses operating in Engcobo.
Intercape said it submitted daily requests for assistance between March and June but escorts were provided on only two occasions.
The company argues that the alleged failure to provide protection directly contributed to the June 19 attack that left a passenger seriously injured.
After the incident, Intercape suspended its Engcobo operations, cancelled hundreds of tickets and suffered financial losses amounting to millions of rand, it said.
Municipality barred from impounding buses
On June 25, the high court interdicted Dr AB Xuma Local Municipality from interfering with Intercape buses stopping outside Engcobo SAPS station.
The ruling followed six separate incidents over two days during which municipal traffic officials allegedly impounded buses and issued fines despite previous court judgments confirming Intercape’s operating rights.
The municipality was additionally ordered to pay punitive legal costs.
Provincewide warning
Intercape said the judgments sent a clear message to municipalities and law enforcement agencies throughout the Eastern Cape.
“Court orders are binding. They are not optional, nor may officials choose which judgments they will obey,” the company said.
The operator said it had notified authorities of the resumption of services in Alice and expected compliance with court orders governing police protection and municipal conduct.
The warning also extended to authorities in Butterworth, Idutywa, Tsomo, KwaMaqoma, Dimbaza, Cofimvaba and other towns where similar court orders remained in place.
Millions lost amid ongoing conflict
Intercape said it had lost millions of rand because violence, intimidation and operational disruptions had prevented it from servicing some Eastern Cape routes.
The company blamed taxi-related intimidation, as well as what it described as the tacit support or inaction of certain municipal officials and SAPS members.
However, Intercape said the legal battle extended beyond commercial interests.
The company said the court victories helped safeguard the rights of thousands of passengers who depended on long-distance bus services, including learners travelling home during school holidays, migrant workers and families moving between provinces.
With the school holiday period under way, Intercape said it remained committed to serving communities across the province.
“Seventeen court victories have established beyond doubt that Intercape’s operations are lawful,” the company said.
“We expect the law to be respected and enforced. Where it is not, we will pursue every legal remedy available until every passenger can travel safely and without unlawful interference.”
- Intercape Ferreira Mainliner has won 17 consecutive court rulings affirming its legal right to operate in the Eastern Cape but alleges ongoing illegal interference by municipalities and failure of SAPS to protect its passengers and staff.
- Despite court orders, municipal authorities continue impounding buses and issuing fines, while SAPS has largely failed to provide mandated police protection, culminating in a violent attack on an Intercape bus where a passenger was seriously injured.
- The High Court has ordered officials from SAPS and local municipalities to explain their non-compliance, warning of possible personal contempt of court proceedings and imprisonment for defiance of court orders.
- Intercape suspended operations in areas like Engcobo after attacks and intimidation, resulting in millions of rand in financial losses and cancellation of hundreds of tickets.
- The company emphasized the broader significance of the legal victories in protecting the rights and safety of thousands of passengers and remains committed to enforcing court orders and safe bus services throughout the province.
