Why Another Western Cape Taxi Strike Is Unlikely to Unfold Despite Tension After Santaco's Legal Loss
Following the Western Cape Division of the High Court’s judgment on Friday, 18 August, that made the agreement between taxi mother body the SA National Taxi Council (Santaco), the City of Cape Town and the Western Cape government a court order, many commuters – together with residents – were worried that this could spark another taxi strike.
Santaco lost its bid to interdict the municipality from impounding its vehicles until the taxi task team had established what constituted impoundable offences under the new traffic by-law.
Santaco had also submitted that the authorities were not abiding by the agreement that ended the more than weeklong taxi stayaway that resulted in five deaths, business losses and destruction of property.
Although Santaco lost this case, it felt vindicated when the court ordered that impoundments should only happen under the National Traffic Act. The taxi body believes that current impoundments are not in line with national legislation, something the city council denies.
Santaco Western Cape deputy chairperson Nceba Enge said after the ruling that “Santaco feels vindicated in its view that minibus taxis can only be impounded on the three grounds agreed upon, which excludes the contravention of any condition imposed on operating licences, which includes but is not limited to operating off-route, contrary to the position trumpeted out by both the mayor and Mr JP Smith to the public, in the process unjustly vilifying the taxi industry in the eyes of the public”.
Now, commuters and the public can breathe a sigh of relief as Santaco has committed to return to the taxi task team to negotiate with local government officials.
Santaco is also bound by the agreement which includes a clause that 36 hours’ notice has to be given before the commencement of any strike action. Failure to do this would place Santaco in contempt of court and the executive may be held liable for any action that does not fall in line with the agreement.
Additionally, a dispute escalation and resolution clause will be established, allowing matters to be elevated to the premier and mayor before strike action can be called.
This is to prevent a repeat of the heartbreaking scenes from the first day of the strike when commuters were seen walking home late at night due to a lack of transport.
The city council, through the court order, now has a legal leg to stand on should there be a strike that does not follow the prescribed steps. Santaco may also be found in contempt of court if it fails to adhere to the agreement.
Premier Alan Winde and Mayor Geordin Hill-Lewis have accepted the court order and said it provides a clear path for all parties to work towards addressing the issues facing the industry.
The taxi task team’s next meeting is scheduled for Tuesday.
“I trust Santaco will be represented at this very important meeting,” said the City of Cape Town’s Mayco member for urban mobility, Rob Quintas.
“There is a lot of work to do, and we need to put our heads down and focus on the task at hand. It is in the interest of thousands of commuters that we keep on collaborating on matters of mutual concern,” he said.
“The City’s urban mobility directorate recognises the critical role that the minibus taxi industry plays in the public transport network and regards them as partners in our goal of keeping Cape Town moving, especially in the context of an imploded passenger rail service.
“There is no denying that the challenges between the taxi industry and government in meeting their respective objectives are complex, which is precisely why this forum is necessary,” Quintas said.
Santaco’s Enge confirmed willingness to participate in the task team, which now includes a representative from the national government.
“We remain hopeful that the stakeholders can now put this issue behind us all and focus on the task ahead for the taxi task team.”
This article first appeared on Daily Maverick
Photo: Daily Maverick