The Department of Transport and Public Works has received the judgement handed down by High Court Judge, NP Boqwana, in the matter between the Minibus-taxi Industry Task Team and SANTACO: Western Cape, emanating from an internal dispute surrounding the upcoming regional and provincial elections.
The was tasked to consider various internal matters between minibus taxi groups, including:
· The 2008 abandonment of the SANTACO Western Cape Constitution was irregular.
· Determining the applicable industry Constitution that will govern upcoming regional and provincial elections.
· Declaring that SANTACO Western Cape consists of 8 regions.
· Determining the validity of the 2017 MANCO working document and its consistency with the SANTACO National Constitution.
· Compelling to announce dates and conduct regional and provincial elections on the Western Cape.
· A determination on the legal standing of current elected SANTACO Western Cape office holders.
· Determine if/how a pre-elective conference should be conducted, and convened by whom.
The matter was heard on 24 April 2018 and judgement was delivered on 6 June 2018. The Department is currently in the process of carefully studying the judgement and will consult provincial legal services on issues where further clarity may be required.
The judgement can be viewed here:
https://www.westerncape.gov.za/files/minibus_taxi_industry_task_team_and_others_vs_santaco_western_cape_and_others.pdf
The Department was first approached in March 2017 with complaints from disgruntled minibus taxi leaders, calling themselves the “Minibus Taxi Industry Task Team”, relating to SANTACO Western Cape’s leadership. The Department facilitated meetings with the various groupings on the hope of reaching consensus. In September 2017, the disgruntled group instituted strike action with unfortunately resulted in violence and adversely affected commuters. Minister of Transport and Public Works, Donald Grant, then appointed retired Judge Ian Farlam to mediate in the dispute, following lengthy consultation with the various groups affected. Judge Farlam released his initial findings in October 2017, and a supplementary opinion the following month.
The Minibus Taxi Industry Task Team then approached the court in December 2017, emanating from Judge Farlam’s findings.
The Department remains committed to bringing about peace and stability in the minibus-taxi industry and to creating a safe and dignified environment for public transport users. We are hopeful that the judgement will provide greater clarity around the regional and provincial elections.
As a Department we trust that all affected parties will commit themselves to free and fair elections and will respect the outcome of the democratic processes. In terms of the judgement, either SANTACO: Western Cape or SANTACO National must announce dates for both regional and provincial elections in the province within 30 days of the date of the order. The judge further ruled that the impending regional and provincial elections in the Western Cape shall be governed by the relevant sections of the SANTACO National Constitution and those provisions of the SANTACO Western Cape Constitution which are not inconsistent with the SANTACO National Constitution.
The Department is fully committed to working with the leadership of the taxi industry to conclude the regional and provincial elections within the shortest possible timeframes. It should be taken into consideration that SANTACO is an autonomous structure, elected in terms of an agreed constitution with the role of the Department restricted to providing logistical support in terms of a Memorandum of Agreement.
We trust that all affected parties will respect the judgement and will participate in this democratic process to elect new regional and provincial leadership that will act in the best interest of its members as well as the best interests of the commuters. Moreover, we trust that this process will give effect to a united and peaceful taxi industry and that the leadership will work tirelessly to ensure that the industry continues to play its critical role in transporting residents of the Western Cape to economic, education, and social opportunities in a safe and dignified manner.