South Africa does not need new laws or to wait for regulations to be gazetted before action can be taken to clamp down on lawlessness emanating from the disputes between the taxi industry and the e-hailing sector, but existing laws must be enforced.

This is according to Professor William Gumede, a governance expert from Wits University. He said some rules and regulations can be applied in emergencies or crises.

A few weeks ago, an e-hailing driver, Siyanda Mthokozisi Mvelase, 27, was gunned down outside Maponya Mall in Soweto, Gauteng, and his car was torched, which resulted in a community protest with at least one taxi being set alight.

Last Wednesday, an e-hailing driver was shot, and another was assaulted in KK Section KwaDabeka, in Durban.

At the centre of the controversy is the route encroachments between the taxi industry and the e-hailing sector.

KwaZulu-Natal Police spokesperson Colonel Robert Netshiunda said police have taken in 15 people for questioning in connection with the altercation between e-hailing drivers, taxi owners, and taxi drivers, which resulted in the attempted murder of one e-hailing driver and the assault of another in KwaDabeka.

He said it was reported that during the altercation, a firearm was discharged, and a bullet went through the passenger door of one of the e-hailing vehicles, with the driver inside the vehicle. Another e-hailing driver was also reportedly assaulted during the commotion.

“Fifteen people, who are taxi drivers and taxi owners who were allegedly part of the group that reportedly attacked e-hailing drivers, were taken in for questioning. Eight licensed firearms were seized from the house of one taxi owner, and he will be charged for failure to safeguard firearms in accordance with the Firearms Control Act.

“Four more firearms were also removed from their owners, and all 12 firearms will be taken for ballistic analysis. One taxi owner-cum-driver, who is suspected of having assaulted the e-hailing driver, reached out to the investigating officer, and he presented himself to the police in the company of his legal representatives on Thursday morning,” Netshiunda said.

Gumede said the economy is getting a little tougher now because of the impact of tariffs and other things, competition for resources will intensify, and unless the government asserts the rule of law, so that the competition can happen in a peaceful way, not in a violent way, there will be serious issues.

The government needs to step in now so that competition for resources happens according to rules, not violence, he said.

If the government hides behind an Act, yet to be gazetted, it means they are taking these things for granted, and they lack the political will to deal with this, Gumede said.

“The first thing that the government needs to do is to take people on. Whoever did it (shot at, killed, or assaulted e-hailing drivers), take their licences away, prosecute them immediately, ban them from driving, confiscate the owner’s assets immediately, and use them for the reparations to the victims. Suspend the operating licence of all the owner’s accounts, and that will send the message to everyone in the country to follow all the rules. And we don’t need a new law for that.” 

He highlighted that the taxi industry operates as a private business in the public space, and the government needs to create a ‘real’ public system, and then offer the taxi industry and e-hailing sector roles to participate in, but demand that they must follow the rules. 

“And then, at the same time, regulate it so strictly that every taxi driver must undergo a driving test, as well as a test on how to interact with society, handle large passenger loads, and on how to behave as a good citizen under the laws of the country. Within 12 months, every taxi driver must re-write the tests, and this must be compulsory. 

“We have to do the same with e-hailing; the companies that run the apps must train their drivers on customer care. For me, every person who drives the public needs to get trained on how to drive properly and how to engage with passengers in the right way, in a safe way that respects others,” Gumede said.

He added that the whole thing is about accountability, because on one hand, it’s the passengers’ safety that also needs to be safeguarded.

“The society can have all of the best regulations and policies, but if society tolerates chaos, lawlessness, tolerates the mafia — people that are above the rule of law, and people get away with it, then the society cannot address poverty and unemployment.”

He said society should be marching and protesting to put pressure on the government to deal with these situations. 

KwaZulu-Natal Transport MEC Siboniso Duma said the province remains committed to ensuring co-existence between e-hailing drivers and the taxi drivers. 

“As a department, we want to ensure that they all enjoy access to socio-economic opportunities. We understand that there is confusion about routes and permits for e-hailing drivers – Uber, Bolt, etc. It is for these reasons that in January this year, I assigned the department’s PRE unit to have regular meetings with the KZN e-hailing council, representatives from Uber and Bolt,” Duma said. 

 He added that meetings will continue until the official introduction of the regulations for the e-hailing services under the amended National Land Transport Amendment Act (NLTAA).

“We want drivers to have a decent income, and on the other hand, members of the public must have affordable, safe, and reliable public transport. Finally, we commit to work and support e-hailing drivers, who are mainly young people who are determined to live a decent life,” Duma said. 

Mmatshikidi Rebecca Phala, South African National Taxi Council (SANTACO) national spokesperson, said it is factually incorrect to say the loss of life of Mvelase is a direct result of tensions between the taxi industry and e-hailing operators.

“It has not been found to be the cause. Police have not even indicated who their suspects are,” Phala said.

“SANTACO does not authorise members to take the law into themselves. Those who do so should be understood to be partaking in criminality all on their own accord. Their criminality must be understood as their sole endeavour and not that of the council and or its member associations.

“Associations have varied measures to introduce when a member is found guilty of ill-behaviour and societal destruction which affects their work in the transport space: those include suspensions, employment termination, and or revocation of membership. All matters are dealt with on a case-by-case basis,” Phala said.

She added that SANTACO intends to continue engaging communities through dialogue to redress the misinformation that paints the industry in a bad light. 

“We intend to heighten our customer service and similar training for members, especially our drivers, patrollers, and marshals. Since the 2020 National Taxi Lekgotla, SANTACO’s membership has increased from just representing minibus and midibus taxi operators to include cross-border, e-hailing, and meter taxi operators. This was a clear indication of our embrace of the evolution of commuter transportation services. We have never and will never be opposed to co-existence with all other modes of transport,” Phala said.

Maponya Mall management said: “Maponya Mall is part of a multi-sector, ongoing planning committee that is forging ahead with plans to mitigate any further incidents.

“Maponya Mall has always sought a constructive resolution to this matter and appreciates the work the government is doing to further this engagement and reach a solution. It is for this reason that Maponya Mall will not be commenting further.”

In a statement, the E-hailing Partners Council (EPCO) expressed devastation over the ‘unwarranted attacks’ against e-hailing drivers.

“It must be noted that this brutal killing of Mr Mthokozisi is not an isolated incident. It follows a series of recent attacks on e-hailing operators, especially in areas of Soweto, Johannesburg, and Tembisa. 

“We call upon our government to deploy law enforcement to enable law and order in Maponya Mall and other affected areas,” the EPCO said.

Collen Msibi, national spokesperson for the Department of Transport, said the Department is addressing the entirety of the challenges affecting the public transport system, and that central to the issues addressed is the persistent violence across the system.

He added that during a recent meeting following the Maponya Mall incident, there was an agreement on the formation of a task team between the National and Gauteng Provincial departments of Transport to fast-track the process of digitisation of the issuing of operating licences to resolve route encroachments in the taxi industry, which is the main cause of taxi violence.

“The National Land Transport Amendment Act and the Transport Appeal Tribunal Amendment Act were signed into law by the president on 11 June 2024. The department had to develop regulations and consult with the industry, and the regulations have since been approved and are currently being translated into a second official language. Thereafter, they will be gazetted, and the Act will come into effect. We are targeting October this year for the implementation,” Msibi said.

The Gauteng Department of Roads and Transport did not respond to a request for comment sent two weeks ago.

gcwalisile.khanyile@inl.co.za

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