The Western Cape High Court recently delivered a ruling that dismissed the South African National Taxi Council’s (Santaco) court application against the City of Cape Town and the Western Cape Government (WCG). As a result, the court granted the City’s request to make the terms of the agreement that ended the taxi strike an order of the court.
Santaco filed an interdict against the City of Cape Town and Mobility MEC Ricardo Mackenzie, requiring them to follow the terms of the agreement signed last week and release the impounded taxis. This application was filed after 14 taxis were confiscated during the weekend following the cessation of the taxi strike and the parties reaching an agreement. One other taxi was initially seized but was subsequently released due to a technicality within the National Land Transport Act (NLTA) that did not necessitate impoundment.
The taxi association lodged their interdict application on 16 August, accusing law enforcement, under the direction of the City and MEC, of targeting the minibus taxi industry. They alleged that the authorities were operating with quotas for the number of impounded taxis, actions that Santaco claimed violated law enforcement’s code of conduct and constituted arbitrary law enforcement.
The City of Cape Town and the WCG expressed their readiness to formalize the terms of the agreement in a joint statement. They insisted that the 14 impounded taxis were seized due to violations of the NLTA. The High Court’s ruling supported their stance, confirming that the agreement the government had been communicating is legally acceptable and does not result in the infringement of any laws.
Cape Town’s mayor, Geordin Hill-Lewis, took to social media to share the news, stating, “We hope this ends misinformation about the agreement, and that the Task Team can proceed productively.” The mayor’s tweet emphasized the court’s agreement with the City’s request and the dismissal of Santaco’s interdict, highlighting the desire for clear communication and productive collaboration moving forward.
This legal development marks a crucial turning point in the ongoing conflict between the taxi industry and the City of Cape Town. With the High Court’s ruling, the focus can now shift to upholding the terms of the agreement and fostering a more productive relationship between the parties involved.
In conclusion, the Western Cape High Court’s decision to dismiss Santaco’s application against the City of Cape Town and the WCG clarifies the legality of the agreement and paves the way for a more collaborative and transparent relationship between the taxi association, the City, and the WCG. With misinformation set aside, both parties can now work together more effectively to address the challenges facing the minibus taxi industry.
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