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Taxi war – High Court to rule

A major showdown is looming between the Nasaret and District Taxi Association and the Middelburg and District Taxi Association, who will go to battle in the Pretoria High Court over disputed taxi routes on September 2.

The date has been set following an interim court order on July 16, in which justice Segopotje Mphahlele ruled that the Middelburg and District Taxi Association must restrain from transporting passengers of Nasaret, Hlalamnandi, Extension 24 and Rockdale to Middelburg town and back.

Judge Mphahlele also ordered that the Middelburg association refrain from intimidating, assaulting, harassing, injuring, threatening or otherwise interfering with any member, driver, employee or passenger of the Nasaret association.

The Middelburg association was also barred from damaging or threatening to damage any property belonging to, or in the possession of any member, driver, employee or passenger of the Nasaret association.

It was further ruled that the Middelburg association must refrain from interfering, blocking or preventing any member or driver from the Nasaret association from operating on the stipulated routes, since the Nasaret association are the holder of a bona fide taxi permit, allowing it to operate on the disputed routes.

Judge Mphahlele, instructed brigadier Jansen Ngoveni, who was added as the sixth respondent in Nasaret’s urgent court application, to arrest any member, driver or employee of the provincial chairman of the Mpumalanga Taxi Council Mr Fanyani Sibanyoni, the provincial management committee of the Mpumalanga Taxi Council, the Enkangala Regional Taxi Council as well as the Middelburg and District Taxi Association, who are all members of the SA National Taxi Council.

The urgent application and consequent order comes on the back of a months long taxi war between the two rival associations, resulting in violent protests and massive traffic disruptions on the N11 between February and May.

Exclusive rights were given to the Middelburg association by the municipality to operate on the disputed routes.

It made no logistical sense however, since the Middelburg association operates from within Mhluzi, which lies on the opposite side of Middelburg town, roughly 15 – 20km away from the suburbs historically serviced by Nasaret’s drivers.

The battle over the routes became so heated that a fully fledged war was declared between the rivals.

In February, clashes between the two associations spurred the Nasaret drivers to barricade the N11 with burning tyres, preventing Mhluzi drivers to access the route.

The barricades however, didn’t only prevent rival taxi drivers to access the route, but also prevented hundreds of Hlalamnandi, Nasaret, Extension 24 and Rockdale residents to travel to work.

Employees of South Africa’s biggest stainless steel manufacturer, Columbus, could also not report for duty until the manufacturer secured an alternative route for workers to arrive safely and report for duty.

Public order police were on 24-hour standby to disperse crowds hurling bottles and stones at taxi and motorists in general, with water canons and rubber bullets.

On April 16 the violence escalated rapidly with a drive-by shooting past Nasaret, injuring three civilians, including an 11-year old boy.

The situation became so volatile that a man was shot and killed, and three homes were torched in Extension 24.

A strong police presence did not deter the rivaling factions and shortly after the shooting incident, a minibus filled with uniformed police members were attacked.

Tensions started simmering down, but reignited after 16 taxis were set alight in Mhluzi on May 15, spurring the provincial cabinet to intervene to prevent a massacre of revenge.

The Nasaret association decided to take the peaceful route and petitioned the High Court to arbitrate the dispute, after a clear show of municipal unwillingness to quail the bloodshed.

Despite not being a respondent in the case, the Steve Tshwete Municipality is yet to come to the table.

Ngoato Attorney for the Nasaret association petitioned the municipality last week to supply supporting services to the SAPS, by availing traffic officers, to force the Middelburg association to stop operating on the disputed routes, which it refuses to do.

Acting municipal community safety director, Ms Pamela Mkosi, said the municipality will not become involved since the municipality is not a respondent in the High Court dispute.

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Gerhard Rheeder

I have been a journalist for two decades, with numerous awards to my credit, both in photography and writing. A brief stint as researcher in the opposition offices of the Mpumalanga Provincial Legislature, honed my skills as specialist local government reporter, covering crime and courts.
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