City to sue Santaco for damages
The City of Cape Town plans to sue the SA National Taxi Council (Santaco) for damages during the eight-day stayaway earlier this month, reports News24.
Mayor Geordin Hill-Lewis said all departments had been requested to provide an estimate of the damage.
‘The city is busy assessing and quantifying the full cost of damages to its vehicles and infrastructure, and the cost of additional policing over those days of unacceptable violence. We have every intention of pursuing civil action to recover these costs and to make sure those responsible for the violence and damage are held both criminally and financially liable,’ he said.
Hill-Lewis said the city, the province and the taxi industry had reached an agreement to end the strike, but it did not absolve the taxi industry of responsibility for the damages caused.
Santaco's Western Cape general secretary, Ryno Saaiers, said they were aware of the city's intentions.
‘We instructed our members from the beginning of the stayaway to not engage in violent activities. Our members were told to park their vehicles, and we do not take responsibility for the damages caused.’
Saaiers said they had not received a legal letter from the city, but – should they receive any form of letter of demand – Santaco would seek legal advice.
The police, in a written reply to a question posed by the ANC's Ayanda Bans in the legislature, said approximately 466 vehicles were damaged during the taxi-related unrest.
In its response, the police added that six people were killed and the extent of the damage could not be determined.
Meanwhile, as three days of talks between the City of Cape, the province and Santaco got underway yesterday in Cape Town, Transport Minister Sindisiwe Chikunga was determined to approach the courts for an interpretation of the law on which transgressions can lead to taxi impoundments.
A Cape Argus report says the Minibus Taxi Task Team – comprising representatives of the taxi mother body, the city and the province – met at an undisclosed location for the talks, which Mobility MEC Ricardo Mackenzie said had made progress and there had been ‘constructive engagement’ at the talks which continue today.
Mackenzie said: ‘The needs and rights of commuters are placed front and centre of these discussions. People must have access to safe, reliable, affordable, and sustainable transport.’
Meanwhile, Chikunga said a legal opinion from her department suggests the city added the National Road Traffic Act infringement to the National Land Transport Act to enable them to impound taxis and that this was illegal.
Chikunga, who was briefing the National Assembly Committee on Transport on the eight-day taxi strike, said the courts were the appropriate place to resolve the issue.
‘We should test this matter in a court of law. We want to say to the court: explain to us who is right here. Can we impound cars for infringements that are catered for in the National Road Traffic Act even if they don’t carry impoundment sanctions?’ Chikunga said she had brought the issue up with MacKenzie who said the province was also seeking legal opinion.
Mackenzie said: ‘We have also asked our lawyers for an interpretation, and we will provide that to Parliament’s Portfolio Committee should it be required.’
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.





