Report finds rogue associations and outdated systems fuel taxi conflict

11 Feb 2021

A report into taxi violence in Gauteng released on Thursday reveals how taxi associations were a law unto themselves. It also shows a collapse of both the national and provincial transport systems.

Taxi associations are unregulated, a law unto themselves and their behaviour has given rise to ongoing violent conflicts in the taxi sector.

Vehicles owned by powerful association members also muscle to the front of taxi ranks to collect the lion’s share of commuter fares, causing resentment among association members.

These are some of the findings of a taxi violence report, commissioned by Gauteng Premier David Makhura in 2019, that was released on Thursday. The commission was chaired by retired judge Jeremiah Shongwe and assisted by various commissioners.

Report of the Commission of Inquiry

The report found that associations were previously regulated under the National Land Transport Transition Act (NLTTA) countrywide and the Gauteng Public Passenger Road Transport Act (GPPRTA) in Gauteng.

The report also revealed that, after being voted out of office, association executives were reluctant to vacate their posts owing to the lucrativeness of their positions and various money-collection methods at their disposal. Furthermore, executives avoided calling for elections as a means of cementing their positions within their associations.

As such, association members were compelled to operate at the behest of the association’s executives, regardless of the law and operating licence conditions.

The report also found that the Provincial Regulatory Entity (PRE) had not issued operating licences for minibus taxi-type services to operators utilising motor vehicles smaller than a minibus. Consequently, some taxi operators use sedan-style vehicles without operating licences.

Compliance findings

The commissioned report states that after issuing operating licences the PRE has no involvement in monitoring compliance. It also says that many functions of the PRE are handled outside of the entity’s control.

Only two Comprehensive Integrated Transport Plans (CITPs) were submitted to the Commission but appeared unsuitable for use.

Oversight and monitoring of public transport, including dispute resolution where conflict arises in the minibus taxi-type service industry is done by Gauteng Department of Roads and Transport (GDRT) officials, who are neither employed by nor report to the PRE.

Findings of Criminal Investigations

The committee found that plaintiffs have been forced to withdraw charges or cases against taxi associations due to a lack of cooperation by investigating officers.

In instances where cases reached court, the commission found there have been mixed outcomes. There have also been acquittals stemming from a reluctance by witnesses to testify out of fear of being targeted.

The report states that due to the non-alignment of PRE and municipalities, there are instances where Integrated Transport Plans (ITP) are non-existent. This leads to the taxi industry becoming flooded with operating licences without the knowledge of the authorities, due to non-compliance with the law.

The control and management of ranking infrastructure constituted one of the causes of taxi conflict and violence.

The commission heard that the public transport and law enforcement component of municipalities is not sufficiently capacitated to carry out its responsibilities as per relevant statutes. The departments’ law enforcement was generally controlled by units outside of those responsible for transport.

The commission heard evidence that information systems being used were inadequate and contributed to the problems that lead to taxi conflict and violence.

Another observation was that the information systems being used were designed for the NLTTA, not the National Land Transport Act (NLTA).

The commission found that the impact of the system on causes of conflict and violence was vast and that the weaknesses of the system enabled fraudulent changes with the assistance of GDRT officials.

Recommendations

The report recommended strict compliance with the legal framework by both operators and regulators. All types of vehicles authorised by law for use in the minibus taxi-type service industry should be allowed to be used and licenced by regulators without delay. It also recommended that associations should be rationalised to ensure that only one association operates per town or township.

All operators without operating licences should be allowed to apply for operating licenses and applications should be considered according to legal requirements.

The process of the corporatisation of minibus taxi-types services should be accompanied by the economic empowerment of operators to establish and benefit from the entire value chain.

Regulators should be capacitated to appropriately do their work and enable their semi-independence as quasi-judicial bodies.

A code of conduct should be developed for regulator members to ensure that they do not become a law unto themselves and that appropriately qualified and knowledgeable people should be recruited to run the PRE.

The security features in the operating licences and face value documents should be improved with more advanced security features.

The law enforcement officers must be enabled to verify the authenticity of an operating license through relevant, authorised technology without having to contact the office of the PRE or other regulator for clarification.

Law enforcement and systems recommendations

The commission recommended that all traffic law enforcement agencies in Gauteng (including the municipal police services) have a legal mandate to enforce the provisions of the NLTA and should do so without delay.

The MEC for the GDRT, working with the various municipalities should coordinate the establishment of vehicle impound yards where impounded public transport vehicles would be kept. The report recommended that there must be at least one such impound yard in each municipality in the province.

The province should identify and invest in an automated system.

The commission also called for the undertaking of periodic police operations through SAPS with the objectives of targeting the hideouts of hitmen and uncovering concealed weapons often used in taxi violence murders.

It further recommended training interventions for members responsible for the investigation of taxi violence-related cases.

The new Taxi Violence Unit should move with speed to conclude all 505 outstanding case dockets, many of which are still open due to inept investigations.

Recommendations on the National Department of Transport

The commission recommended that regulations should be developed relating to the oversight and monitoring of public transport for national application.

The commission also recommended that a new, efficient information system accommodating upgraded Operating Licence Administration System (OLAS) and Registrar’s Administrative System (RAS) is urgently required. DM

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