The Cape Organisation for the Democratic Taxi Association (Codeta) continued its bid at the Western Cape High Court on Saturday to reopen 10 routes closed after clashes with the Cape Amalgamated Taxi Association (Cata).
The MEC for Mobility, Isaac Sileku, ordered both associations to stop operating on routes to Somerset West following six deaths. The closure, which began on September 17, is set to last 30 days.
Codeta’s lawyer, Advocate Gregory Papier, told the court: “They have legal operating permits and are exercising their right to earn a living. That is what we rely on to establish a prima facie case.
“Because the case is under review, the founding papers have not properly made a case. The matter deals directly with the MEC’s decision, which is riddled with allegations. We have prepared heads of argument detailing the review grounds and referred to the founding affidavit, including the Section 91 decision of 12 September.
“The Act does not empower the Cabinet to make this decision; yet statements were made publicly on television. The review grounds concerns the process, not the merits. The founding affidavit clearly sets out these grounds at paragraph 16.”
He said about 2,700 people have been without salaries, affecting their ability to feed themselves.
“The MEC suggests alternatives, but commuters say these do not work. Operators face financial losses, prejudicing thousands who rely on their services. There has been no violence since August, yet the decision was taken a month after the closure. This decision fails to adequately protect anyone. There is no other satisfactory remedy.
“A prior interdict issued on 29 August protects the MEC. There is no reason to make a rash decision while a court order exists; that would be irrational. If people go hungry today, no court order can resurrect them tomorrow; relief must be immediate.”
Papier further argued: “Looking at the matter as a whole, buses are insufficient, and passengers pay more. If operators are not allowed to function, irreparable harm will result.
“The members should be allowed to operate. The interdict challenges the closure but does not reference any substantive basis for the MEC’s decision. The review has been launched, your Lordship, and the papers are before the court.
“Violence has subsided, occurring only in Browns Farm on 16 September, far from Somerset West. Ongoing engagements with the MEC have been unsuccessful, resulting in an impasse.”
After considering the arguments, the court partially sided with the MEC, removing irrelevant information from Codeta’s supplementary affidavit.
In response, a Department of Mobility spokesperson, Ntobeko Mbingeleli, said: “We welcome that decision. It is a positive one for the department. At the same time, we hope the resources being used in court proceedings can now be redirected to open dialogue and find a sustainable solution to this impasse. We are now on the 18th day of these extraordinary measures, and while we welcome the court’s dismissal of the affidavit, we are still hoping for better engagement with the affected associations and parties.”
The spokesperson also addressed statements released by the department regarding who made the closure decision.
“The statement issued on 12 September, as well as repeated comments by the MEC at press conferences, make clear that the decision and responsibility for implementing the extraordinary measures lie with the MEC. It did not require the Cabinet’s consent, though other departments, including health, education, and social development, were informed because the decision affects their services.”
