Bus company Intercape is calling on President Cyril Ramaphosa to appoint a more competent minister to bring order, stability, and accountability to the critical transport portfolio.
This as the outgoing Transport Minister, Fikile Mbalula, was elected ANC secretary-general at the party’s 55th National Conference in December. During the conference, Mbalula hinted that a cabinet reshuffle is imminent since his new party position will be a permanent post.
Intercape CEO Johann Ferreira said: “Mbalula was late last year elected as secretary-general of the ANC, a full-time position at the party’s headquarters in Luthuli House in Johannesburg. This will necessitate the vacating of his ministerial post. President Ramaphosa is expected to announce a cabinet reshuffle in the coming weeks.
“Now that he has to vacate his cabinet position, it is our hope that president Ramaphosa – if he is truly serious about reform – will appoint a minister who will bring order and stability back to the transport sector. That is all we needed minister Mbalula to do, but that was clearly beyond him.”
Ferreire said Intercape has opened almost 150 cases with police over a spate of attacks but no convictions have been made, adding that several towns have been declared “no-go” areas (by the taxi operators) for Intercape. He said, however, that the company is looking at reopening those routes.
The areas include Cofimvaba, Butterworth, Ngcobo, Tsomo and Dutywa.
In September 2022, Intercape approached the high court in Makhanda asking it to compel the transport minister to finalise a plan with the police and the provincial MEC for transport to mitigate attacks on the drivers and buses.
The order was granted and Mbalula and his department were instructed to swiftly draft a plan of action. However, he appealed against the order in October.
“Intercape approached the court to apply for a special order that the order made by the court would remain enforceable pending the minister’s appeal and, consequently, that the minister must participate in the formulation of the action plan notwithstanding his appeal. This order was granted on 14 December 2022,” said Ferreira.
Mbalula’s application was heard on December 14 and was later dismissed with costs on Tuesday. Judge John Smith ruled that there were no compelling reasons for the court to grant Mbalula leave to appeal its order, noting that it would not succeed.
According to Ferreira, Mbalula wasted time and state resources in his appeal application because now he has no choice but to develop and implement the plan of action which he was avoiding to ensure the safety of drivers and passengers.
“All this legal action and associated costs have been totally unnecessary. If only minister Mbalula had done his job,” Ferreira said.
He added that the company would also hold Police Minister Bheki Cele accountable for having failed in his duties as the highest-ranking police official.
“We have called on the SAPS to fulfil their function. To date, they have also failed. It is our intention to follow the same legal approach with minister Cele, as we have done with minister Mbalula. Both have failed in their constitutional obligations and we are turning to the courts to force them to act.”
Ferreira is arguing that issues facing the Transport Department do not only end with Mbalula but are multi-faceted.
“We are going to hold the minister of police to account for this unforgiveable failure to uphold law and order which enabled anarchy to take hold.”
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