Intercape victory in bus attacks legal saga

The Eastern Cape High Court has ruled that SAPS and the Hawks have failed to protect Intercape drivers and passengers.

The court delivered its judgment on Tuesday, after years-long attacks on the long distance bus company’s vehicles. In total, Intercape says its opened 165 cases of violence and intimidation with the South African Police Service (SAPS), adding that to date no arrests have been made.

In a statement by Intercape, it notes that a campaign of violence has been lodged against the bus company, by “perpetrators of crime” – in which these perpetrators demand less buses operate on roads and demand that levies be paid to them.

“Ultimately, the orchestrated attacks are aimed at driving Intercape out of certain parts of South Africa, thereby enabling taxi operators to monopolise transport routes in those areas. In addition to these demands being unlawful, they are also not in the interests of the traveling public who will be faced with less choice and higher transport costs.”

The court noted that this campaign of violence should have been prevented by SAPS and the Directorate for Priority Crime Investigation (Hawks) – as its in line with patterns of racketeering outlined in the Prevention of Organised Crime Act, as well as in the SAPS Act.

Attacks in the Western Cape

The attacks on Intercape buses came to a head two years ago, when a Intercape driver was killed in Cape Town. Bangikhaya Machana was shot at in 25 April 2022, while en route to load passengers at the depot. He died a few days later.

Eastern Cape High Court Judgement

In the court’s judgement, the SAPS and the Hawks have been directed:

Investigate each of the cases brought by Intercape
Submit a report to the National Prosecuting Authority, in the next 59 days, noting the steps it’s taken in the cases; as well as to the Court and Intercape

The Provincial Commissioners in the Eastern Cape, Western Cape, Kwa-Zulu Natal and the North-West have been ordered to:

Report the cases opened by Intercape in their respective jurisdictions, to the National Head of the DPCI
Submit a report to the Investigating Directorate in the next 29 days on the above

Intercape says the police and the Hawks can no longer make excuses.

“It is disappointing that we have had to come to Court to obtain an order directing the SAPS and the DPCI to perform their constitutional obligations, we remain hopeful that the judgement will be a catalyst for change and that the SAPS and the DPCI will now step up to the plate.”