PRESENTATION TO PARLIAMENTARY PORTFOLIO COMMITTEE ON TRANSPORT (NATIONAL ASSEMBLY
The month end of September 2006 marks the third month since the National Assembly through government's communications office, announced that the due date for conversion of permits to operating licences should be extended so that those who could not comply due to circumstances beyond their control (no fault on their part) should be assisted. In addition such operators are required to explain why they could not meet the deadline.
The decision was taken after KwaZulu Natal Transport Alliance organised a number of stayaways, so-could ''taxi strikes" which regrettably crippled the economy and protest marches to the Provincial legislature with a memorandum presented to the Premier, Dr S.l. Ndebele.
Up to this moment, operators still remain finally unregistered and do not have permits or licences to carry passengers for reward. Instead operators are given receipts with no authority to carry passengers.
We have warned the department of Transport particularly the Operating Licence Board, that claims arising out of accidents involving vehicles with no permits or licences, but having a receipt with no authority to convey passengers, will be directed to them (Operating Licencing Board) because they have failed to execute their legislative mandates timeously and efficiently (inclusive of the Provincial Taxi Registra).
K waZulu Natal Transport Alliance hereby confirm its position on all the following matters that affect their business.
1. JOB LOSSES
We have repeatedly stated that KwaZulu Natal Transport Alliance do not support the Government Taxi Recapitalization Programme because through its scrapping allowance and registration to exit the industry voluntarily, the programme will create massive job losses, on taxi, operators, drivers and conductors.,
2. ACCESS TO INFORMATION
Governments allegation and claims that if they have consulted with the South African National Taxi council and the National Taxi Alliance they had consulted with all operators is ill-advised, misguided and misleading, no information or consultation to taxi operators has taken place
The two organisations only represent their members, not all operators. KwaZulu Natal Transport Alliance and many other affected stakeholders were not consulted and therefore have not agreed to Government's Taxi Recapitalization. Government will have to Recapitalize vehicles belonging to those stakeholders where extensive consultation have been done, not KZN Transport Alliance and its members.
Statements suggesting that the current taxi fleet is not designed for purposes of conveying passengers and lack safety requirements specifications, are incorrect and nonsense. There is no proof for such allegations. The new safety requirements are nothing but an extra cost to the industry currently not subsidised by Government, and therefore make vehicles unaffordable for both operators and poor passengers.
Those who are instrumental in ensuring the introduction of taxi recapitalization programme should start by demanding and designing taxi passenger subsidy system so that all playing fields should be levelled and narrow the disparities created by the apartheid system, not widen them!
3. CONVERSION OF PERMITS:
Formalization and legitimisation of the taxi industry through registration and issuance of permits, has never been finalized, as it started in 1996. As a result majority of minibus taxi operators do not have permits.
Therefore the National Ministers call for conversion of permits into operating licence is misguided because operators do not have permits to change. We call on the minister to uplift the moratorium, so that taxi operators can apply for final registration and carrier permits to transport passengers for reward.
4. R7.7 BILLION FOR TAXI RECAPITALZATION PROGRAMME
Our calculations tell us that ten thousand vehicles that will be scrapped by government will cost:
R 50 000-00 x 10 000 - Vehicles to be scrapped R 5 Million R 7.7 Billion - R 5 Mi11ion R 7.2 Billion - R 2 Billion -Police harassment / enforcement
R 5.2 Billion
We have also heard that the National Minister has allocated +/- R 2 billion for co--ordination of law enforcement to force taxi industry to buy into his taxi plan! However we urge the Honourable Minister to allocate the remaining R 5.2 billion to assist the taxi industry financially. The type of assistance we request is for the Minister and his Department to subsidize taxi passengers, as he does on busses and trains passengers with remaining ~-5.2 billion so that operators can change their "old and unsafe taxis" as usually said.
5. RECOGNITION OF KZN TRANSPORT ALLIANCE AND ALL ORGANISATIONS THAT REPRESENT THE TAXI INDUSTRY
The statement that KZN Transport alliance is recognized but KZN Taxi Council remains the only recognized legitimate structure to represent the interest of all operators in this province is misleading and incorrect.
Both organisations have its members and affiliates and they both operate independently with their respective constitutions. The only difference is that KZN Transport Alliance is funded by its members, not government, and therefore belongs to the people. There is no law or policy if not agreements that all taxi operators interests will be represented by SANTCO or KWANATACO only!
SANTACO or KWANATACO represent its own members or affiliates and whatever agreements they conclude is for benefit of their members and can only be applicable to them, not everyone. The same as KZN transport Alliance, whatever transactions they conclude is for the benefit of their members and applicable only to them.
What are legal and constitutional Violations?
(A). A number of legal and constitutional violations has taken place as from the time the programme was conceived.
In terms of section 23 of the South African Constitution Act 108, 1996, everyone has a right to a fair labour practice. Also the Labour Relations Act of 1995, specifically prohibits the violation of employees rights.
Section 197 of this Act (Labour) states that where conditions of employment changes which may result in job losses employers are required to extensively consult with their employees, in this case drivers or conductors.
We as employers have never been given the opportunity to consult with our employees, as required by law, because we simply do not have the information of the programme.
(B). Section 32 of the Constitution states that everyone has the right of access to any information held by the state or by another person, that is required for the exercise and protection of any right.
We have repeatedly stated that we do not have information about this programme. How are we required to co-operate and participate which will lead us to make informed decision about our business, which is the sole livelihood to us when we do not have necessary information?
(C). Also for consultation purposes the minibus taxi is a property or asset that is owned by operators. In terms of section 25 of the Constitution the Department of Transport is required to consult with the owner of the vehicle, or the legal representation where that property is to be used. The Constitution clearly states that no one may be deprived of his/her property except in terms of law general application for public purpose or public interest, and subject to compensation, the amount of which and the time and manner of payment have been agreed by affected parties or approved by court.
The R50 000-00 scrapping allowance, which can arguably be referred as the compensation is not agreed and approved amount by the taxi industry. The Department unilaterally decided to pay the R50 000-00 without considering the value of the vehicle and the permit it holds.
(D) Registration of taxi associations routes, members and their vehicles started in 1996 and up to now it has never been finalised.
In terms of Section 44 of the KZN Interim Minibus Taxi Act, 4 of 1998 government was required to finalise registration and issue certificate to associations after satisfying itself that:
(i) The number of operators or vehicles in each route fairly reflects the requirement of the route covered.
(ii) All operators or vehicles have permits. (iii) All operators or vehicles operate within the authority of their permits, etcetera.
This and many others have never been done in KwaZulu Natal. Many operators are unregistered and their vehicles do not have permits.
In terms of this law and the National Land Transport Transition Act, of2000, section 56 (b) the provincial registration should be converted to full registration in terms of provincial laws.
When the Minister called for all permits to be converted to operating licences in terms of section 32( 1) of the NL IT A he did not consider the fact that majority of KwaZulu Natal operators are finally unregistered and do not have permits because of circumstances beyond their control. Government has failed to provide a just administration action, which is lawful, reasonable and procedurally fair in terms of section 33 of the RSA Constitution, Act 108 of 1996.
Therefore, KwaZulu Natal and its members cannot support a programme that is intended to violate the rights of its members and will use all means to defend our constitutional rights and our business.
Proposal:
Given the above violations and facts, not hearsays that cannot be proved, KwaZulu Natal propose the following:
1. Finalize the registration and issue permits
2. Taxi Recapitalization programme should be reviewed with the view to assist financially and empower the taxi industry fraternity, without operators, drivers and conductors losing their sole livelihood jobs.
3. Provide education and training for operators and their employees.
Finally we remind that the SA Constitution is the supreme law of this country that promote and protects equality, the right to freedom of association, freedom of choice and freedom of expression. No one can force and compel all taxi operators to be represented by SANTACO, KWANATACO or any other organization they have not chosen.
As we fight for justice to be seen to be done and freedom of trade for all transport operators KwaZulu Natal Transport Alliance remain committed to assist, where possible, in the smooth transitional process that will yield positive benefits and better life for all.