Transport Minister Sindisiwe Chikunga has accused the City of implementing penalties that are out of sync with laws governing the infringements and penalties relating to contested conditions of operating licences – an issue among factors leading to the taxi strike which has been blamed for the violence in the city.
Addressing the media on Tuesday, Chikunga said the City could not define itself outside the parameters of national laws.
However, safety and security mayco member JP Smith hit back at her, saying no by-law has ever been used to impound minibus taxis.
“The City of Cape Town has introduced conditions of operating licences, which by-laws the taxi industry has expressed reservations on,” said Chukunga. “The Task Team that was established to address the concerns has not made headway, resulting in the City implementing the impounding of vehicles based on these conditions.
“It is an integral part of our legal system that administrative decisions must be based on the principle of legality. We have national laws in place that govern the infringements and penalties dealt with in the contested conditions of operating licences. The national laws are in place to ensure that fair rules are applicable to all citizens irrespective of the City or Province they reside in. This is a constitutional mandate to ensure order and effectiveness of the rule of law.
“It can never be that a City will define itself outside the parameters of national laws and implement penalties that are out of sync with these laws. We therefore call on the City of Cape Town to respect and uphold national laws as they currently stand.”
Her remarks come as the city experiences violence targeted at both public and private property, with roads blocked, buses and cars torched while four deaths linked to the violence have been reported.
Chikunga said the government was deeply concerned about the ongoing conflict and would not tolerate lawlessness, irrespective of who the perpetrator was .
Minister Sindisiwe Chikunga on impounding of taxis's by the City of Cape Town #TaxiStrike https://t.co/Okl4HYQ3fH pic.twitter.com/aVzgdIocY5
— South African Government (@GovernmentZA) August 8, 2023
“It can never be acceptable for those who are aggrieved by the actions of the City to blockade roads and undermine the rights of ordinary citizens to travel or access schools, places of work and economic activity.
“It is equally not acceptable for officers of the law to conduct themselves in a manner that violates the law and the rights of citizens including the taxi industry. We will therefore act decisively, working closely with law enforcement agencies and authorities to uproot this criminality.”
She said they had made strides in addressing the root cause of the current tensions, and were confident that parties to the impasse would find each other in the process.
“We call on the City to return to the negotiating table to address the areas of disagreement and demonstrate a genuine effort to find a lasting resolution to the current challenges. On the basis of these considerations, we therefore call on the City to immediately release without any conditions, all vehicles impounded based on operating licence, and leave those impounded in terms of the National Land Transport Act of 2009.”
But Smith hit back, writing on his Facebook: “Minister Chikunga, why are you trying to incite further violence by making false statements? No minibus taxi has ever (been) impounded within Cape Town because of a by-law. Never.
“Taxis have only been impounded under her National Land Transport Act. It’s her Act. From 2009. If it is illegal, how come she only decided this today? After 14 years?”
Cape Times