SAPS top brass in contempt of court for failing to develop Intercape safety plan

Murdered Intercape bus driver Bangikhaya Mchana’s colleagues take part in a memorial service at the Cape Town Intercape depot in May 2022. (Photo: Xabiso Mkhabela)

By Vincent Cruywagen

19 Dec 2023

National Police Commissioner Fannie Masemola and Eastern Cape Commissioner Nomthetheleli Mene have been ordered to take specific and immediate steps to prevent attacks on long-distance buses and personally report back to court, failing which they could face jail.

On Tuesday, 19 December in the Eastern Cape High Court, Makhanda, Judge Motilal Sunil Rugunanan found National Police Commissioner Fannie Masemola and Eastern Cape Police Commissioner Nomthetheleli Mene in contempt of court for failing to adhere to court orders and develop a safety plan to prevent attacks on long-distance buses.

The judgment further ordered Masemola and Mene to take specific and immediate steps to develop a safety plan and personally report back to court on the steps that they have taken, failing which they could face jail.

The case stems from a September 2022 ruling issued by Judge John Smith that gave the authorities 20 days to develop a safety plan to prevent violence and intimidation against long-distance coaches and their passengers. The application was brought by bus company Intercape.

Last week, Mene and Masemola presented their arguments on why they should not be held in contempt for failing to implement the court orders.

Read more in Daily Maverick: Intercape wants police commissioner, transport minister declared in contempt of court over Eastern Cape bus attacks

The two are among six respondents facing a contempt of court application heard on Thursday, 14 December 2023. Transport Minister Sindisiwe Chikunga, Eastern Cape Transport MEC Xolile Nqatha, the national public transport regulator and the Eastern Cape regulator have also been asked to explain their failure to implement court orders.

According to Rugunanan’s judgment, the South African Police Services are directed to fully comply with the court order by providing both visible law enforcement and escorting relief in the precise terms specified.

“The Provincial Police Commissioner Eastern Cape, National Police Commissioner, SAPS are ordered to take immediate steps to ensure that the SAPS complies in full with the court order and file an affidavit within 30 days of this order on the steps they have taken to ensure that the SAPS complies with paragraphs 5.1 and 5.2 of the court order.

“Failing compliance with the paragraphs of this order, Intercape may set the matter down for further hearing, on supplemented papers for seeking the committal of Masemola and Mene,” the judgment reads.

The latest legal victory for Intercape against SAPS comes amid an ongoing violent campaign waged against the long-distance coach industry, allegedly by rogue taxi associations who want to stop the companies from operating in the Eastern Cape and on other key routes across South Africa.

bus driver interape murder taxi industry Murdered Intercape bus driver Bangikhaya Mchana’s colleagues take part in a memorial service at the Cape Town Intercape depot in May 2022. Machana was shot in the left arm and waist at an Intercape depot in Cape Town on Monday, 25 April 2022. The 35-year-old father of two young children died of his injuries three days later.(Photo: Xabiso Mkhabela)

Between January 2021 and February 2022, more than 150 shootings, stonings and other acts of violence and intimidation directed at bus drivers and passengers were reported to the SAPS in the Eastern Cape, Western Cape and Gauteng.

According to Intercape CEO Johann Ferreira, Intercape has opened more than 175 cases with the police, mostly in the Eastern Cape. Some cases saw serious injuries to employees and passengers.

Responding to Tuesday’s judgment, Ferreira said the ruling was significant in that it affirmed the SAPS’ contemptuous conduct and again clearly directed the police to provide visible law enforcement and escorting relief to Intercape.

“The ruling in favour of Intercape is important for the safety of our passengers and our business, but it is also hugely significant for the South African public.

“Intercape is responsible for the safety of an estimated 360,000 passengers travelling with us this December, and we take this responsibility seriously,” Ferreira said.

The courts, he said, have repeatedly supported Intercape’s calls for the SAPS to perform their constitutionally mandated duty to protect the public.

He said he hoped the ruling would help make the country and its citizens safer by underlining the importance of the rule of law.

“Despite the extraordinary lengths that private enterprise has to go to defend its rights to do business safely in South Africa, our hope is that Intercape’s continued legal victories will inspire other businesses to stand up and defend their interests and those of the public,” he said. DM

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