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NOTES FOR CONSIDERATION IN THE SPEECH BY THE KWAZULU-NATAL MINISTER OF TRANSPORT, MR S'BU NDEBELE DURING THE PRESENTATION OF THE JUDICIAL COMMISSION'S SECOND INTERIM REPORT ON TAXI VIOLENCE11 October 2002
PROTOCOL OBSERVED Ladies and gentlemen, thank you for attending the presentation of the Second Interim Report on Taxi Violence. It will be remembered that when the democratic Government came into being in 1994, it inherited a dual public transport system in terms of which government subsidy was enjoyed only by established bus and rail operators. As a result of residential and workplace segregation, an unregulated transport system was provided by independent taxi operators and small bus operators. The lack of a regulatory framework for Public transport in South Africa led to the industry, especially the minibus taxi sector, denoting chaos and virtual horror as a result of the overwhelming number of road collisions, fights for territorial control and monopoly, and the deployment of hit-squads by ruthless elements within the industry to deal with rival factions. Especially during the 1990Æs, and even up to now, KwaZulu-Natal witnessed the deaths of many leading figures within the taxi industry as well as of passengers and innocent bystanders. Therefore when I took office in 1994, I made it my priority to ensure that the taxi industry gets subsidized like all other industries. Working together with the leaders in the taxi industry we have scored major victories towards the formalization and democratisation of this industry. Some of the highlights in regulating the minibus taxi industry are:
Having said that, I think it is important to state that significant progress has been made in regulating the minibus taxi industry in KwaZulu-Natal. As the transport authority in this province we are working hand in hand with KWANATACO and other public bodies including the SAPS, the SANDF, the Public Prosecutor, and the Durban Metro Police. For the most part, those involved in the minibus taxi industry have been only too happy to comply with the new regulations that will secure safer public transport. The majority of minibus taxi owners and operators do appreciate that government is assisting their industry in its growth and development. Together we must now deal with those elements in the industry that persistently ignores the will of the majority and the rule of law in our country. We have therefore developed, through the Public Transport Enforcement Unit, the capacity to deal with those operators who do not comply with the law. Officers recruited into the Public Transport Enforcement Unit have undergone a thorough screening process. They have also undergone an extensive training programme that will equip them to deal with the public transport industry in terms of the specific regulations of various Acts. Their first 'sting' operation bears testimony to their effectiveness. The operation lasted three days and, in all, 20 buses and 115 minibus taxis were impounded. Although the public are obviously inconvenienced by the work of the Public Transport Enforcement Unit, they need to bear in mind that the more un-roadworthy public transport vehicles and unlicensed operators that are removed from our roads the safer the public will be. Realizing the dire need for the regulation of the taxi industry I then proposed to the Provincial Cabinet and in my capacity as the KwaZulu-Natal Minister of Transport, the appointment of the Judicial Commission of Inquiry whose role would be to investigate the root causes of Taxi Violence and Related Matters. The Commission was indeed appointed in May 2000 under the Chairmanship of Judge Gerald Alexander. The commission noted the lack of co-ordination of the enforcement agencies and in some cases the non-existence of such enforcement. The wide-ranging recommendations of the Commission resulted in such innovations as the distinctive marking of taxis by origin-destination. These markings will help distinguish legal operators from the pirate taxis, and will in turn accrue significant benefits for taxi operators, commuters and law enforcement officers. Since the presentation of the First Report by the Commission important steps have been taken to implement its recommendations. In April 2002, the Judicial Taxi Commission's Enforcement Conference was held, and called for the establishment of a special unit to deal with public transport safety and security. This decision culminated in the launch of the Public Transport Enforcement Unit to act against those elements within the broader public transport industry that were flouting the law. Operation Shanela, mounted between 12 and 14 August 2002, was its first exercise. The members of the Unit are drawn from the KZN Road Traffic Inspectorate, and they have powers, in terms of the Road Traffic Act, 1989, of a traffic officer. They are also peace officers in terms of the provisions of Section 344 of the Criminal Procedure Act, 1977 (Act 51 of 1977). As they are authorised officers, they also have powers in terms of the Road Transportation Act, 1977, (Act 74 of 1977). The members of the Unit have received proper training and in terms of their mandate their function is to:
The powers of the Unit are: to impound a vehicle, seize certain articles, arrest, use reasonable force to effect an arrest, enter a motor vehicle, obtain relevant particulars from the driver of a vehicle, enter any business premises, order the surrender of an operating permit, retain and/or such a permit, demand returns in respect of number of passengers being carried, and conduct investigations. An evaluation report on operation Shanela has revealed that members of the public have generally felt that the operation was of great assistance and long overdue. However, certain individuals linked to the taxi industry have adopted a negative attitude towards the Unit. On 21 and 22 April 2002, the Judicial Taxi Commission held a conference at Inchanga and made several wide-ranging recommendations. Among these are:
In the final analysis, I want to thank the Judicial Commission of Inquiry for for the time and effort they have made in consolidating this report. I want to state the KwaZulu-Natal Department of Transport values its with the taxi industry. This partnership, as I have demonstrated to you, is beginning to bear fruit. We may not eat them here and now but surely the taxi industry is longer what it used to be. I thank you.
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