Cape Town considers stricter by-laws aimed at regulating ‘unhappy’ taxi industry

Saturday, 3 August 2024 marks a year since Cape Town was gripped by a deadly eight-day taxi stayaway that saw commuters left stranded and multiple incidents of violence, including five deaths.

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Here are the names of the five people who died:

• Siphamandla Baba, a 36-year-old resident of Lotus, Gugulethu, was killed in Duinefontein Road, Nyanga, on the morning of Monday, 7 August.


• Bongani Kebeni was killed while transporting people to work in his Toyota Avanza.


• Kar Hao Teoh, a 40-year-old British doctor, was killed during the peak of the taxi strike in Nyanga on 3 August 2023.


• Zamikhaya Kwinana, a learner law enforcement officer, was killed while on patrol in Nyanga.


• Joseph Mkhele, a taxi owner, was killed by a motorist who fired shots at a group of taxi operators near the airport.

From left: Siphamandla Baba, a 36-year-old resident of Lotus, Gugulethu, was killed in Duinefontein Road, Nyanga, on the morning of Monday, 7 August. (Photo: Supplied) | Bongani Kebeni was killed while transporting people to work in his Toyota Avanza. (Photo: Supplied. Image sharpened using AI) | Kar Hao Teoh, a 40-year-old British doctor, was killed during the peak of the Western Cape Santaco taxi strike in Nyanga, Ntlangano Crescent, on 3 August 2023. (Photo: Supplied) | Zamikhaya Kwinana, a Learner Law Enforcement Officer, was killed while on patrol in Nyanga. (Photo: Twitter) | Joseph Mkhele, a taxi owner, was killed by a motorist who fired shots at a group of taxi operators near the airport. (Photo: Supplied. Image sharpened using AI)

Read more: Families of the five Western Cape taxi strike victims try to pick up the pieces after losing their loved ones

The strike also affected schooling. Between 60 and 70% of learners were unable to get to school, with 728,000 unable to get to class on 10 August.

Despite attempts to establish a working relationship between the taxi industry and local government, a year later tensions remain high and the situation shows little signs of improvement. A joint task team that was established to prevent a recurrence of the upheaval has not met for five months, leaving unresolved issues to fester.

Protesters block the entrance to Masiphumelele informal settlement in Cape Town with burning tyres and rocks, preventing residents from going to work during a taxi strike on 8 August 2023. (Photo: Gallo Images / Brenton Geach)

Daily Maverick has learnt that the relationship between the South African National Taxi Council (Santaco) and the City of Cape Town has not only failed to improve, but is under renewed strain.

The city is now considering the introduction of a stricter by-law aimed at further regulating taxi operations, particularly concerning traffic violations.

Read more: Lessons from the distressing ordeal of schoolboy Lifalethu Mbasana

Mayco Member for Safety and Security JP Smith confirmed that the multiparty safety and security portfolio committee is finalising amendments to the traffic by-law. These changes will soon be opened for public participation.

“Driver behaviour has deteriorated, as evidenced by the number of complaints from the public and the assessment of traffic enforcement authorities,” Smith told Daily Maverick.

“Taxis are being impounded in similar numbers as before the strike, and often in larger numbers daily. However, due to the changing of regulations around impoundments, the city now impounds for a much narrower range of offences, which excludes moving violations.”

A bus and a Healthnet taxi were burnt during the taxi strike on the N2 near Langa in Cape Town on 3 August 2023. (Photo: Gallo Images / Brenton Geach)

Smith emphasised that these violations were a primary concern for the public and were major contributors to road deaths and accidents.

“The city is in the process of finalising amendments to the traffic by-law that seek to strengthen our ability to protect the lives of all road users through enforcement mechanisms,” he said.

The proposed by-law revisions echo the issues that led to the deadly protests a year ago. Back then, Santaco called an immediate stayaway following a meeting in Khayelitsha after tensions with the City of Cape Town reached breaking point.

The conflict was sparked by a new by-law giving the municipality the power to impound vehicles for offences such as failing to display registration plates, being unlicenced, overloading and failing to stop when instructed by an officer. Under the National Land Traffic Act, these offences typically result in fines, not impoundments. Santaco opposed the municipality’s move to enforce a by-law they saw as inconsistent with national legislation.

Task team

In the wake of the strike, which cost the Western Cape economy an estimated R5-billion and caused at least R18-million in damages within Cape Town alone, a minibus taxi task team (MBTTT) was established to prevent such events from recurring. However, this task team has not met since February 2024, leaving unresolved issues to fester.

Commuters scramble to board a bus at Golden Arrow Bus Station during the August 2023 taxi strike. (Photo: Shelley Christians)

Commuters help push a child through the window for a seat on a Cape Town bus on 3 August 2023. Buses were overloaded amid the taxi strike. (Photo: Shelley Christians)

Rob Quintas, the city’s Mayco Member for Urban Mobility, said a meeting was set up for 24 July but had to be postponed due to the unavailability of a key stakeholder. He did not say why it had taken this long to set up a meeting. “A new date will be communicated to all stakeholders in due course.”

Mandla Hermanus, Santaco Western Cape chairperson, expressed deep dissatisfaction with the current state of affairs, accusing the municipality of attempting to circumvent the National Land Traffic Act and maintaining a hostile attitude toward the taxi industry.

“Over 700 operators lost their vehicles to financing institutions following the impoundments. They never recovered, and taxis were repossessed,” Hermanus said.

Commuters at Borcherds Quarry, Nyanga in Cape Town on 3 August 2023. Thousands were left stranded after taxi operators went on strike. (Photo: Gallo Images / Brenton Geach)

He said they were aware that the municipality was planning to introduce a stricter by-law and that they were ready to challenge it, either in court or through other measures.

“The taxi industry is here to stay,” he said. “We play a critical role in the public transportation system and there has to be a recognition and appreciation of that role by everyone.”

Driver behaviour

Santaco has voiced a desire to implement measures to monitor driver behaviour and establish vetting systems but lacks the necessary resources. They are seeking assistance from the municipality and provincial government to achieve these goals.

“The behaviour has to change; the taxis have to be safer,” Hermanus said.

Hundreds of commuters walk home on the N2 in Cape Town on 3 August 2023 after taxi operators went on strike. (Photo: Gallo Images / Brenton Geach)

“Amending conditions is to protect us against the perceived targeting by law enforcement officers, but we still need to embark on a programme on how to educate our drivers and self-regulate.”

In late 2020, the Western Cape government initiated the Blue Dot pilot project, the first initiative of its kind in South Africa.

Hailed as a game-changer, the project rewarded drivers by analysing the data from onboard trackers fitted to each participating vehicle, monitoring routes, and considering the feedback from passengers and other members of the public. Wi-Fi on board allowed passengers to rate drivers and their service.

The station deck taxi rank during the strike in Cape Town on 3 August 2023. (Photo: Shelley Christians)

It was also seen as an example of how to formalise the minibus taxi industry for it to be subsidised by the government. The Golden Arrow and MyCiTi bus services are subsidised, with Golden Arrow receiving about R1.2-billion in the 2023/24 financial year.

The Blue Dot project ended in 2022 due to a lack of funding. The then MEC for transport called for the national government to take over the funding as it had been proved that the project worked.

Reflections

Reflecting on last year’s strike, Hermanus acknowledged the devastating impact on lives, property and the livelihoods of citizens. He admitted that Santaco had been slow to act against the municipality’s actions.

“We took too long to act,” he said. “We always negotiated with the officials in good faith. The fact that it had to take 6,000 of our taxis being impounded for us to realise that this was serious… We were slow to act.”

On the other hand, JP Smith said that looking back, it was important not to compromise on the rule of law. “No concessions can be made for thuggery and violence.”

Violence related to the taxi industry has not been limited to last year’s stayaway. People are still dying in disputes between rival taxi groups, usually over routes. From the start of the year to mid-February, eight drivers, three taxi owners and a commuter have been killed in a resurgence of violence, this time targeting members of the Cape Amalgamated Taxi Association.

Read more: Cape Town taxi violence resurgence leaves 12 dead, many critically injured in early 2024

The Department of Mobility, now under new MEC Isaac Seleku, said a key lesson learned was the need for issues to be escalated to top decision-makers (political principals/senior officials) before disagreements could lead to a strike.

“In light of this, the terms of reference governing the MBTTT were updated to include a mechanism to do so through the MBTTT.”

Looking ahead, Hermanus emphasised the need for better planning and coordination to prevent further loss of life and damage to property. He suggested that Santaco institute patrols to curb criminal activities during protests, which often saw the industry being blamed for violence.

“The police can also plan better in terms of visibility during an action,” he added.

As the City of Cape Town prepares to push ahead with its revised traffic by-law, the question remains whether this will lead to a more constructive dialogue or further inflame a volatile situation. DM