The Makhanda High Court on Wednesday issued an order compelling the Minister of Transport and the MEC for Transport in the Eastern Cape to work with the South African Police Service (SAPS) to develop a plan to provide for the safety and security of Intercape’s drivers and passengers in the Eastern Cape.

In handing down the order, Judge John Smith said there was a duty on the State to act so that the “lives of [Intercape] drivers and passengers were not left in the balance”.

In terms of the order, which came into effect immediately, the respondents must develop a revised plan on the steps they intend taking to ensure that reasonable and effective measures are put in place to provide for the safety and security of long-distance bus drivers and passengers in the Eastern Cape.

Pending the development of the revised action plan, the respondents must also ensure that a visible law enforcement presence is maintained at each loading point in hotspot towns and areas during the times Intercape’s buses are scheduled to stop at these points.

The Eastern Cape court also noted that law enforcement escorts are to be provided to the applicant’s buses along hotspot routes, as well as any other routes, “as and when requested by the applicant on account of a legitimate concern over a risk of intimidation or violence”.

Counsel for the national and Eastern Cape commissioners of police had argued that police resources were strained, noting that providing escorts to Intercape coaches would be an “onerous” task.

However, Judge Smith said Intercape sought “little more than what was reasonably expected of the police”.

In recent weeks, there have been a spate of fresh attacks against Intercape coaches in the Eastern Cape, with a number of shooting incidents in and around the towns of Cofimvaba, Butterworth, Engcobo, Tsomo and Idutywa.

Intercape last week approached the Makhanda High Court for a second time in an effort to compel the State to comply with the September 2022 order by the same court, which demanded that the respondents “develop a comprehensive [action] plan” regarding Intercape’s services in the province. 

In its latest submission, Intercape argued that nine months had since passed, and that the MEC and the Minister had not yet developed an action plan that complied with the requirements of the court order. 

“We understand very well that providing escorts to Intercape coaches is an extraordinary measure, but this is an abnormal situation we are dealing with and comes as a direct result of the police’s complete and absolute failure to act to stop these attacks,” says Intercape CEO Johann Ferreira.

More than 150 cases have been opened with police in the Eastern Cape, which has failed to produce a single arrest.

“It is the absence of arrests and prosecutions that enables this blatant criminality and thuggery to continue,” says Ferreira.