Update

GEORGE NEWS - The moratorium adopted by George Municipality is only applicable to minibus-taxi type services and not to other types of public transport services such as staff, scholar, charter, bus or metered taxi services. 

So said the chair of the Provincial Regulatory Entity (PRE), Mark Skriker, in response to queries raised after a five-year license permit for charter services was issued to a director of George Link in April this year.

The head of George Traffic, Donovan Saptoe, has recently made an affidavit at the George Police Station, stating his concern about the matter. Saptoe requested a forensic investigation into the permit of this director (name withheld) and the involvement of provincial officials.

Skriker said the impression was created in last week's article that the moratorium adopted by George Municipality is applicable to all types of public transport services and that the PRE has ignored this moratorium. 

"This is absolutely misleading," he said. Skriker said it was resolved at a special council meeting at which PRE members were present on 17 August 2018, that, for the purpose of the moratorium dated 2 December 2009, the so-called "late renewed taxi operating permits", though lodged as new applications, would not be regarded as such. 

"It was further resolved that a distinction be made between minibus-taxi type services and other forms of public transport services." 

Skriker further said it is important to note that the George Municipality did not request the PRE to impose this moratorium. "George Municipality has been advised on the process that should be followed but to date such a request has not been received by the PRE. Applications therefore cannot be rejected at point of entry and the PRE is duty-bound to consider each application on its merits."

No legal objections
The director's first application was declined in October last year, but his second application was recently approved by the Western Cape PRE. Skriker said the director's application was published in the Government Gazette on 8 February for a period of 21 days. "Applications are published to allow interested persons an opportunity to comment and make representations within the prescribed period. The municipality was also notified of the application on 19 February," he said. The municipality responded by e-mail to the PRE, directing the PRE not to grant the application of the director.

According to Skriker the process followed was incorrect, as the municipality's objection was not made in terms of the applicable section of the National Land Transport Act. He said legally, no objections were registered against this application in the prescribed manner. "The municipality was advised in the past to follow due process in respect of charter applications."

Other permits granted
Skriker pointed out that the director is not the only registered taxi operator that has been granted authority to provide charter services, neither is he the only operator to be granted a validity period of five years. "Since 2018, the PRE has granted authority to 15 registered minibus-taxi operators to provide charter services. A number of these operating licences were granted for a five-year period because the applicants were deemed to be bona fide / existing charter operators. Operators applying for authority to provide charter services for the first time were issued operating licences for a two-year period."

Charter services

Skriker said charter services - such as those the director in question applied for - are off-plan or pre-booked services and the PRE is not required in terms of the law to refer such applications to municipalities for directions. "A charter service is a public transport service operated by road, involving the hire of a vehicle and a driver for a journey at a charge arranged beforehand with an operator. This type of operating licence cannot be relinquished by operators as part of the George Integrated Public Transport Network in turn for compensation," said Skriker.

Read Skriker's full response here.

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