SAPS and Eastern Cape municipalities accused of flagrantly violating court orders
Intercape Ferreira Mainliner (Pty) Ltd has accused local municipalities in the Eastern Cape of unlawfully targeting its operations, and the police of failing to protect it against ongoing violence, in direct violation of court orders.
Intercape is now pursuing contempt of court proceedings against individual members of the South African Police Services (SAPS), with the threat of 90-day terms of imprisonment.
In June, Intercape secured three further High Court victories in the span of just 14 days, taking its unbroken legal record to 17 consecutive victories before the High Court of South Africa, Eastern Cape Division (Makhanda).
Despite the latest and clear rulings, Intercape says municipal traffic departments continue to unlawfully impound buses and issue fines in direct violation of existing court orders. It further accuses SAPS of continuing to fall short of its constitutional and court-ordered obligations to protect passengers, drivers and operations from ongoing violence and intimidation.
In the latest incident on 19 June, a passenger was badly injured and hospitalised after an Intercape bus was targeted by rock-throwing assailants as it entered Engcobo.
The Law is Clear.
The company stated that the latest judgments, focused on Dutywa and Engcobo, which were obtained against the Mbhashe Local Municipality, SAPS, and the Dr AB Xuma District Municipality, respectively, reaffirmed Intercape's lawful right to operate throughout the Eastern Cape.
It said the judgements reinforced existing court orders directing the police and local municipalities to protect - rather than obstruct - its operations.
"The law could not be clearer," Intercape said. "Seventeen separate court victories have consistently confirmed our operating rights, the validity of our licences and the legal obligation on the authorities to protect our passengers. Yet unlawful interference continues."
Intercape has warned that this will no longer be tolerated. "Any official who deliberately ignores or violates existing court orders will be pursued personally through contempt of court proceedings.
Courts have already indicated that continued noncompliance may result in imprisonment of up to 90 days."
Court Victory No. 15 Dutywa | Case No. 2026-108962 Mbhashe Local Municipality interdicted from obstructing Intercape operations
On 11 June 2026, Acting Justice Molony granted an interdict preventing Mbhashe Local Municipality from preventing, obstructing or sanctioning Intercape buses lawfully stopping outside the Dutywa SAPS station in accordance with the special conditions contained in its operating licences. The judgment followed repeated unlawful fines and interference by municipal traffic officials after taxi-related intimidation forced Intercape to relocate from its designated stop to the SAPS station, as expressly permitted under its operating licences. The court confirmed that the municipality had never challenged the validity of those licence conditions and had no legal basis to ignore them.
Court Victory No. 16 Engcobo | Case No. 2025-224413 Senior SAPS officials face contempt proceedings and possible imprisonment
On 25 June 2026, Acting Justice Coltman issued a rule nisi requiring the National Police Commissioner, the Provincial Commissioner and the Engcobo Station Commander to appear before court on 6 August 2026 to explain why they should not be held in contempt of court. The application follows months of alleged non-compliance with a February 2026 court order requiring SAPS to provide visible policing and escorts for Intercape buses. Between March and June, Intercape submitted daily requests for assistance, yet escorts were provided on only two occasions.
The failure to protect as per the existing court order saw the violent attack on 19 June in which a passenger suffered a serious head injury after rocks were thrown through a bus window.
Intercape was forced to immediately suspend all Engcobo operations, with hundreds of tickets cancelled and financial losses running into the millions of rands. Should the court ultimately confirm contempt, the implicated SAPS officials face personal imprisonment for 90 days unless they purge their contempt by complying fully with the existing court order.
Court Victory No. 17 Engcobo | Case No. 2026-143413 Dr AB Xuma Municipality interdicted after repeated unlawful impoundments
Also on 25 June 2026, the High Court interdicted Dr AB Xuma Local Municipality from preventing or interfering with Intercape buses lawfully stopping outside the Engcobo SAPS station.
The order follows six separate incidents over just two days during which municipal traffic officials allegedly impounded buses and issued fines despite previous court rulings confirming Intercape's lawful operating rights. The municipality was also ordered to pay punitive legal costs.
Officials placed on notice
Intercape says the latest judgments send an unequivocal message to every municipality and law enforcement agency across the Eastern Cape. "Court orders are binding. They are not optional, nor may officials choose which judgments they will obey," the company said.
Intercape will immediately institute contempt proceedings against officials who continue to ignore court orders by unlawfully impounding buses, obstructing operations, or failing to provide the protection ordered by the courts. Intercape said it had already formally notified authorities of the resumption of operations in Alice and expected full compliance with existing court orders governing SAPS protection and municipal conduct.
The warning extended equally to authorities in Butterworth, Idutywa, Tsomo, KwaMaqoma, Dimbaza, Cofimvaba and every other town where existing court orders remain in force the company added.
Committed to serving Eastern Cape communities
Intercape says it has lost millions of rands due to being prevented from operating across various towns in the Eastern Cape due to intimidation and violence by taxi associations, and the tacit support of municipal officials and SAPS.
However, it said legal victories were about more than protecting a commercial operation. "They protect the rights of the hundreds of thousands of people who rely on our services every year - learners returning home for the school holidays, workers travelling between provinces and families who depend on safe, reliable public transport."
With the school holidays underway, Intercape says it remained fully committed to serving Eastern Cape communities and expected all organs of state to honour both their constitutional obligations and the binding orders of the courts. "Seventeen court victories have established beyond doubt that Intercape's operations are lawful.
We expect the law to be respected and enforced. Where it is not, we will pursue every legal remedy available until every passenger can travel safely and without unlawful interference." Media enquiries [email protected]