A court judgment will compel Transport Minister Fikile Mbalula to “urgently” address attacks against long-haul bus operator Intercape.

The Eastern Cape High Court in Makhanda on Tuesday ordered that Mbalula "immediately, and with the utmost urgency, develop and implement an action plan to ensure the safety of long-distance coach drivers and passengers", Intercape said in a statement.

The latest judgment comes after Mbalula sought leave to appeal an earlier order by the same court, compelling him and Eastern Cape Transport and Community Safety MEC Xolile Nqatha to develop, with input from the police, an effective plan of action to stop the attacks.

There have been more than 150 recorded violent incidents, including shootings, stonings, and acts of intimidation directed at Intercape and other long-distance operators, allegedly by rogue taxi associations looking to control routes.

The Eastern Cape is the epicentre of this campaign of violence.

Tuesday’s ruling, handed down by Judge John Smith, says: 

The Court Order shall continue to operate against and be executed and given effect to by the Minister pending the outcome of any application for leave to appeal.

The court order is the latest development in a long battle by Intercape to force authorities to address the attacks on its buses.

In September, it approached the court seeking an order to compel the government to take positive steps to ensure the safety of the industry.

The court gave Mbalula and Nqatha 20 days to formulate the plan ahead of the festive season, when inter-provincial travel peaks.

According to Intercape CEO Johann Ferreira, while the office of the MEC agreed to implement the order of the court, Mbalula "regrettably decided not to participate in the formulation of an action plan and rather focused his attention on challenging the court’s decision by lodging an application for leave to appeal".

Nqatha filed an action plan on 28 October. However, on the same day, Mbalula gave notice of his intention to apply for leave to appeal the court order.

The application for leave to appeal had the effect of suspending the operation of the court order.

This compelled Intercape to again approach the High Court to seek a further order to compel the minister to act, said Ferreira.

Ferreira said:

We were shocked that the minister preferred to be engaged in legal proceedings, rather than to use his powers to come to the assistance of the travelling public.

"We had pleaded with the minister to take part in the formulation of the action plan whilst the appeal process unfolded. He refused."

'Where, what, when and how'

"Intercape then sought the further court order to compel the minister to discharge his constitutional obligations whilst the appeal process was ongoing. The minister opposed the application, but on the eve of having to file his answering affidavit, he withdrew his opposition to the application," said Ferreira.

On Tuesday, Smith ruled that the earlier order of 30 September 2022 would remain enforceable, notwithstanding Mbalula's application for leave to appeal. The court judgment in respect of the application is expected early next year.

Ferreira said Smith’s order brought to an end any debate over whether Mbalula should comply with the court’s order to formulate an effective action plan to deal with the crisis.

"We want to see a meaningful, coherent and implementable plan of action to put an end to this blatant criminality in the public transport sector which falls under the auspices of the Minister of Transport," he said.

The plan would need to address acts of intimidation and violence against long-distance bus operators in the Eastern Cape, by cooperating and co-ordinating with the police.

Ferreira said the plan would also have to set out the "where, what, when and how" of the actions that would need to be taken to ensure the safety and security of long-distance bus drivers and passengers in the Eastern Cape.

According to Intercape, Mbalula and Nqatha also sought an extension to provide an improved action. This was supposed to be submitted by Monday 19 December, but the deadline was missed.

Eastern Cape transport department spokesperson Unathi Binqose previously said it "is committed to creating a safe environment for all road users" in the province.

He had not responded to Tuesday’s judgment at the time of publication. His response will be added once received.

Mbalula had also not commented at the time of publication. His response will be added once received.