Ramifications for illegal taxi operators

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GEORGE NEWS & VIDEO - There will be consequences for illegal taxi operators and other criminals who use the taxi industry to achieve their objectives.

This was the message relayed by the Western Cape Department of Mobility during a media briefing with Minister Ricardo Mackenzie on Wednesday 14 June, after a local taxi operating licence was cancelled by the department's provincial regulatory entity (PRE) earlier this month.

The cancellation follows an investigation into complaints of a taxi driver endangering the lives of passengers and other road users while attempting to escape traffic officials at a routine check point on 18 April.

The incident – involving a high-speed chase – was video captured by a passenger inside the vehicle and went viral on social media. The PRE also received complaints from George municipal traffic services and the provincial taxi registrar regarding the driver's contemptuous behaviour.

"Our mobility department called an inquiry into the matter which allowed both the complainants and the taxi operator to present what transpired on that day. This decisive action supports our commitment to ensure safer roads for commuters and serious consequences for those who put peoples' lives at risk," said Mackenzie.

VIDEO: Minister speaks after taxi chaos in George

High speed chase

The driver of the vehicle was stopped at a routine check point but refused to open any windows or doors to engage with traffic officials. After making a call on his mobile phone, he drove off with municipal traffic officers in pursuit.

The high-speed chase ended on the Thembalethu bridge where traffic was gridlocked.

"He eventually abandoned the vehicle and ran off into the residential area. In his attempt to get away, he drove into oncoming traffic and disregarded several stop and other traffic signs. In the video, passengers can be heard screaming, praying and begging the driver to stop, but he ignored these impassioned pleas. He was later arrested," said Mackenzie.

It was also found that a copy of the operator card was displayed with incorrect information and that the vehicle was also off-route. "This type of route invasion is one of the main reasons for conflict and instability in the public transport industry," said Mackenzie.

The outcome of the PRE's inquiry was formally communicated to the taxi operator on 12 June. The acting PRE chairperson, Fadhiel Jattiem, confirmed that the process was completed and that a decision was taken to withdraw (cancel) the affected operating licence.

PRE approach

Mackenzie said the PRE's approach is to first correct the behaviour of operators and drivers. However, in certain cases, the PRE is compelled to exercise its most extreme statutory powers to set a good precedent for the Western Cape and to ensure that passengers are treated with respect and courtesy.

"We have a duty to rid the system of operators and drivers who refuse to comply with the law and actively make our roads more dangerous for everyone."

Section 79 of the National Land Transport Act (NLTA) allows the PRE to withdraw or suspend an operating licence where either the holder or an employee of the holder has been convicted of an offence under the NLTA or other relevant laws.

Similarly, an operating licence may either be withdrawn or suspended for contraventions of the conditions of the operating licence or permit.

Licence and vehicle leased

In this case, the operating licence and specific vehicle was leased to another person who had not been vetted by the PRE. This compromises the safety of passengers. At the time of the incident, the vehicle was operating contrary to the route conditions of the operating licence. The hearing considered with priority the violation of several provisions of the National Road Traffic Act (NRTA) and the fact that the driver disobeyed a direct instruction from officials who are appointed to uphold the law.

This ruling to cancel this operating licence will also have an adverse impact on future applications made by the licence holder, given that the PRE is duty bound to consider previous offences.

"Holders of operating licences must manage their businesses responsibly and monitor the behaviour of drivers. This incident could have had fatal consequences. The conduct of the driver compromised the safety of the passengers and other road users. Operators must understand that they have a duty to appoint reputable and properly qualified drivers and that they will be held indirectly liable for any violations committed by a driver related to their employment," said Mackenzie.

"Further action needs to be taken against the driver of the vehicle. We call on the courts to suspend his driving licence or disqualify him from holding such a licence. We have a duty to monitor and oversee public transport in the province and to ensure a safe and dignified environment for commuters. We will not allow any operator to compromise the safety of the public and there will be grave consequences for any operator or driver who disregards the rule of law."

Deputy Mayor of George, Raybin Figland (left) with Western Cape Minister of Mobility, Ricardo Mackenzie and Eden Cluster Commander, Major General Norman Modishana.

Second incident

When asked about a second similar incident on the same day wherein a taxi driver also refused to stop when local traffic officers tried to pull him over in Nelson Mandela Boulevard, Yasir Ahmed, chairperson of transport priority crime, said the incident is also under investigation.

The outcome will be shared once it has been determined.

It is believed that both taxis were operating under the same operating licence.

Provincial and local role players from the ministry of mobility, traffic departments, the George Municipality and police services who attended the media briefing.