The South African National Taxi Council (Santaco) claims the City of Cape Town has added another condition that allows authorities to impound minibus taxis - being off an agreed route - and alleges that the move and recent impoundments are in breach of an agreement the council had reached with the City and Western Cape government.
It made the claim in papers filed in the Western Cape High Court in an urgent application for an interdict against the City.
In the application, which is scheduled to be heard later on Thursday, Santaco is seeking the return of impounded minibus taxis.
It argues that the taxis were impounded outside of the terms of the 10 August agreement, which ended the taxi stayaway and the violence associated with it.
Santaco wants the court to find that the City of Cape Town breached the terms of the truce agreement, which limited impoundments to three particular transgressions:
where a minibus taxi is operating without an operating licence;
where the driver of a minibus taxi drives the vehicle without a professional driver's permit or driver's licence; and
where the minibus taxi is unroadworthy.
According to the papers, Santaco also wants the court to direct the City and the Mobility MEC Robert Mackenzie to immediately release all minibus taxis impounded after the conclusion of the settlement agreement on 10 August, which the council says have been impounded on grounds other than those three transgressions.
On 11 August, the day after the agreement, eight taxis were impounded, and on 12 August, another six, according to Santaco.
The City will argue its case when the matter starts, but Santaco's Nceba Enge said that mayoral committee member for safety and security JP Smith said only one impoundment - for overloading - was made by mistake.
Santaco did not have time to present the reasons for the first eight impoundments to the court, but of the six, it stated that one impoundment was on the basis that the minibus taxi operated on a charter permit.
They understand this to be in line with the provisions of the settlement agreement.
Two impoundments were on the basis that the minibus taxis operated off-route - a term of settlement that, they argue, Smith added in after the agreement.
Two impoundments were because the drivers did not have their valid driver's licence or professional drivers' permits with them.
One driver said he left his licence and permit at home, so Santaco feels it's not the same as not being licensed or not being permitted to operate.
"We were unable to get the relevant driver's licence and permit in the short period of time available to us, but shall have same ready at the return date," Enge's affidavit continues.
Santaco also denies that the terms of the agreement reached on 10 August contained the same proposals as before.
He said the initial proposals to Santaco included these other terms:
Driving while intoxicated;
a failure to comply with an instruction of a traffic/peace officer;
driving in yellow/red lines;
driving in an oncoming traffic lane;
driving on the shoulder of road;
driving on the pavement;
inconsiderate driving;
ignoring traffic signals or stop streets; and
causing an obstruction to road traffic.
These were meant to be discussed over two weeks with the task team to determine whether they too are impoundable offences, or whether a fine is more appropriate.
Enge said the claim that they arrived heavily armed for a task team meeting was not true. It was their bodyguards who were armed, not them.
Santaco contends that the minibus taxi industry plays an important role in the economy, but the City promotes the idea that it is lawless.
They only intended to start a stayaway on 7 August to give commuters time to make alternative arrangements, he continued.
However, a large law enforcement operation at the station deck, which was accompanied by stun grenades and officers smashing a taxi window, enraged them so much that they had an urgent meeting and brought the stayaway forward.
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