Mobility

[a] Before I deal with the protest action by taxi associations and the memoranda submitted to either my office or to the Premier of the Western Cape, I want to point out that I have always practised an open-door policy with the minibus-bus taxi industry in the Western Cape.  Several engagements have taken place with industry leadership to address some of the key challenges facing the industry and to find workable solutions.  As government, we have to give effect to the law and ensure compliance therewith.  It is understandable that we will not always agree on every single issue raised by the industry.  Some of the matters listed by the industry are simply not achievable or realistic and demands of government not to implement national legal prescripts.  In some cases, guidance was required, which we have provided.  Many of the issues raised in the memoranda were also discussed in meetings with the industry and every effort was made to resolve some of these challenges.  I have also taken the liberty of discussing some of the concerns with affected municipalities.

I am aware of three separate incidents where protest action took place and where memoranda were handed over by the industry leadership.  In August 2021, my office was made aware of a strike in the Bitou area by the taxi industry.  On 10 March 2022 the Women’s Desk of CATA and CODETA delivered a memorandum of grievances to the Premier of the Western Cape.  The initial intention was for the industry to march to the Office of the Premier to deliver the memorandum, but the City of Cape Town did not grant permission to gather.  On 24 March 2022 industry members marched to the Provincial Legislature to deliver a memorandum of grievances to the Office of the Premier of the Western Cape.  Although the City of Cape Town granted permission for this march to proceed, same was later cancelled when participants violated the conditions of the approval.  Several incidents of violent and criminal behaviour were reported.

[b] The strike in the Bitou area was in relation to the taxi relief fund administered by the national Department of Transport.  In addition, memoranda were delivered to the Office of the Premier outlining critical challenges faced by the industry.  It is important to note that the matters raised by the industry were remitted to my then fice for a response.  The memorandum delivered on 24 March 2022 contained essentially the same concerns raised in the previous memorandum dated 10 March 2022.  The Department has provided comprehensive responses to these memoranda and the requisite guidance to allow operators to comply with the law. 

It is also expedient to note that most of the issues raised by the industry falls outside of the purview of the Department of Transport and Public Works.  This includes, inter-alia, transport planning and municipal law enforcement issues.  Some seven issues were raised in the memoranda delivered to the Office of the Premier of the Western Cape.

[i] Issues around the national taxi relief fund;

[ii] The request from the industry for government to stop the impoundment of vehicles given that it has a negative impact on their business. 

[ii] The industry demand that law enforcement agencies refrain from doing routine public transport operations during the morning and evening peak periods.

[iv] Concerns were raised around the placing of admin marks against the name of the owner of a motor vehicle for an offence in terms of the National Road Traffic Act [Act no.93 of 1996].  This is a reminder to officials of the registering authority not to allow any transactions.  This is allowed for in terms of Regulation 25[7] and 59[3] of the National Road Traffic Regulations.  The request from the industry was to separate the issue of admin marks from the process of impoundments.  They submitted that a person going to collect a vehicle after the Court has ordered the release thereof is required to first clear his or her warrants before the vehicle is released. 

[vi A number of regulatory challenges were also listed in the memoranda.  This included the renewal of definite period operating licences and challenges with other operating licence transactions such as replacement of vehicle applications and the transfer of operating licences. 

[vii] The industry requested me to review the validity period of operating licences and to revert to the previous process of issuing definite period operating licences.

[vii] There is also a request for the PRE to issue special temporary operating licences whilst new routes are being gazetted for public comment.  They submit that the failing rail service in addition to new residential and commercial developments have increased the need for taxi services and many people are dependent on these services to get to work.

[c] Four of the seven issues have been resolved by the Department.   

[i] The issue around the taxi relief fund has been resolved and a database of qualifying operators has been provided to the national Department of Transport.

[ii]&[iii] Unfortunately the law does not allow law enforcement agencies to stop impoundments or to only enforce the law during certain times of the day.  To accede to this request would require the Department not to implement the provisions of the National Road Traffic Act [Act no.93 of 1996] and the National Land Transport Act [Act no.5 of 2009].  These are national legal prescripts.  We have cautioned the taxi industry to stop recruitment drives and not to recruit members in excess of passenger demand.  Overtrading has been identified as the main reason for the conflict and instability in the taxi industry in the Western Cape.

[iv]  We have discussed the issue of admin marks with the City of Cape Town and other registering authorities.  They have agreed that any person without outstanding warrants may collect an impounded vehicle once a court has ordered the release thereof.

[v]   The PRE regularly engages the leadership of the minibus-taxi industry to improve efficiency within the regulatory environment.  This has resulted in improved turn-around times and streamlined processes.  The PRE is also the only regulatory entity issuing duplicate operating licences, one for the vehicle and one for the file.  We have asked law enforcement agencies to refrain from impounding a vehicle where the holder has timeously applied for the renewal of the operating licence.  In such a case, the holder may operate with the expired operating licence and the renewal receipt.

[vi]  The NLTA in section 52 only allows a regulatory entity to issue an operating licence for a maximum period of seven years.  There is no provision for the issuance of indefinite operating licences.  The Western Cape PRE is already issuing operating licences for the maximum period.  We are the only province converting definite period permits to definite period operating licences.

Ivii] I have to point out that transport planning is an exclusive local government matter as provided for in Schedule 4 and 5 of the South African Constitution. This includes the issues raised about new routes, the balance between the demand and supply of public transport services and new developments. In terms of section 152[1] of the Constitution, local government must ensure the provision of services to communities in a sustainable manner. This includes public transport services.  Every municipality must produce an Integrated Transport Plan [“ITP”] that must form an essential part of the Integrated Development Plan.  The ITP must be updated annually to respond to changes in the demand and supply of public transport services.  in respect of non-contracted regular, daily services in the area, the ITP must describe the defined public transport routes or specified groups of routes on which non-contracted services may operate, and the number of vehicles of each capacity-type that the planning authority will authorise, having considered demand. 

The PRE, in disposing of applications for operating licences, must act according to and must not grant an operating licence contrary to the directions of the municipality and the ITP for the area.  The municipality must also conduct a public transport impact assessment for all new developments.  We have engaged the City of Cape Town around the issue of new routes and the demand and supply of public transport services.  As part of a special regulatory process, the City of Cape Town has supported some 1431 new operating licence applications for minibus-taxi type  services.  These applications have been granted by the PRE.  Furthermore, some 533 new routes have been advertised by the PRE in the Government Gazette for public comment.  The first round of hearings has already taken place.