The City has remained adamant that the National Land Transport Act (NLTA) empowered it to impound minibus taxis, and it has refused to release any of the impounded vehicles.
This as Santaco, in a notice to operators on Wednesday night, said it would be applying for an urgent interdict for the release of all vehicles that have been impounded and to interdict the City and the department of mobility from impounding more vehicles until all matters had been resolved.
“The application will be lodged within 48 hours, and we will, therefore, not operate until this process is completed. We apologise for any inconvenience to our commuters.”
Transport Minister Sindisiwe Chikunga has also ordered that the impounded minibus taxis at city depots must be released without condition.
Chikunga accused the City by-law of not being consistent with national legislation and interpreting it incorrectly.
Mayor Geordin Hill-Lewis said: “The minister has not sent any official communication to the city and does not have the legal power to demand us to release the impounded vehicles. They will only be released if the ‘impoundment’ fee is paid.
“The City will only engage in talks when there is a prolonged period of no violence. We are now over 24 hours of no violence so certainly we will honour our commitment to talks.”
Hill-Lewis was speaking at a prayer meeting at St George’s Cathedral in the CBD on Wednesday where religious leaders prayed for peace across the city amid the taxi strike.
He said they had no interest in embarking on malicious or vindictive impoundments.
Chikunga held another closed meeting with Santaco on Wednesday afternoon, but refused to engage with the media afterwards, with her officials saying she was rushing to a meeting with Premier Alan Winde.
In social media posts, safety and security Mayco member JP Smith had said under the National Road Traffic Act, offenders were issued a fine and “allowed to continue breaking the law, but under the Traffic by-law we still issue the fine for unlicensed drivers, but we now impound the vehicle as well.”
Responding to the backlash, Smith said on Wednesday that the Act exclusively targeted public transport vehicles, including taxis, for impoundments and excludes private vehicles.
“It was the City which extended the method of impoundments for serious offences also to private vehicles in the interest of equity and consistency by amending the City Traffic By-law.
The impoundments on my Facebook page refer to the first private vehicles impounded through the traffic by-law, in addition to the public transport vehicles that have been impounded for more than the last decade in terms of the national legislation.
“We never mentioned using the by-law to impound public transport vehicles, the post about using the new traffic by-law refers to vehicles, those being private vehicles. There was no mention of public transport vehicles and that interpretation was never intended or inferred,” said Smith.
Golden Arrow Bus Service has, meanwhile, obtained two urgent interdicts to stop acts of violence and intimidation.
About 10 buses have been torched and many others damaged.
The City and provincial mobility department also secured interdicts in efforts to halt the mayhem, which has claimed five lives, including a 40-year old British national who was shot and killed last week, and left many seriously injured.
According to police about 120 suspects have been arrested since Thursday for damaging property, looting and public violence.
President Cyril Ramaphosa said: “While our democracy protects peaceful protest and lawful strike action, we strongly condemn the violence and destruction caused by this dispute.
“We are appalled by the killings and assaults that have taken place. Blocked roads lead to blocked business, blocked education and blocked health services, which will have long-lasting effects on life in the city.
“We must uphold the law and we must solve problems through meaningful dialogue.
“Today, we think of the women of Khayelitsha and the rest of Cape Town. We think about the men and the children and the families that are trying to go about their lives in peace and in safety.”
Cape Times