In a judgement delivered on Tuesday 10 January, Judge John Smith dismissed Transport Minister Fikile Mbalula's appeal against a court order compelling him and Eastern Cape MEC for Transport, Xolile Edmund Nqatha, to develop a comprehensive action plan to stop attacks on Intercape's long-distance buses.
In the minister's appeal, Mbalula argued that the court erred in requiring him and Nqatha to act jointly in circumstances where the Transport Act of 2009 does not allow them to do so. However, the court found that there was nothing in the Transport Act prohibiting them from facilitating the effective implementation of an action plan.
Adams & Adams, is pleased with another good outcome for Intercape. "It is an important case. The Court has been steadfast in ordering effective action where government has failed to discharge its constitutional obligations." – Jac Marais, Partner at Adams & Adams.
Daily Maverick article – Killers on the Road
Author – Vincent Cruywagen
Sunday Times article – Breach of duty
Author – Jac Marais
Original order (Judgment) and reasons click here to review