Public Protector concludes hearings on panel vans that are alleged to be illegally converted into passenger mini buses
Public Protector Adv. Thuli Madonsela on Tuesday concluded public hearings on the alleged illegal conversion of Toyota panel vans into Quantum buses that are used for public transport. Adv. Madonsela has this week been holding the hearings as part of a systemic investigation launched into the matter in 2012.
The hearings kicked-off on Monday with participation from several stakeholders, including the complainant, Mr Hendrick de Beer, the South African Bureau of Standards, the National Regulator for Compulsory Specifications, the National Taxi Alliance, the South African National Taxi Council and the four major banks in the country, namely Wesbank, Nedbank, Standard Bank and ABSA.
The investigation followed a complaint that the vehicles in question were modified, allegedly, by Manufacturers, Importers and Builders (MIBs), and converted into minibus taxis to carry passengers despite the fact that they were not safe for that purpose.
It was alleged that such vehicles did not meet government’s safety regulations, national standards and requirements in respect of specifications and as such, were not legally operating as taxis. A further allegation was that the taxis concerned contributed to various motor vehicle accidents as they were said to be structurally unsafe and unstable.
The purpose of the hearings was to solicit the views of stakeholders on what happened, what should have happened, if anybody acted improperly and, in the event the allegations were substantiated, who would have been affected negatively in the process.
Henceforth, the Public Protector will seek to determine if anybody should be remedied and if so, by whom. She will also seek to prevent a recurrence of the problem.
“As the Public Protector, I was deeply encouraged by the candid engagement by stakeholders,” Adv. Madonsela said. “The clarity and depth of information that emerged from these discussions and the spirit of empathy and cooperation shown by stakeholders was encouraging.”
Although the hearings were a success, the Department of Transport, a major stakeholder in the matter, did not attend. This was the case despite a subpoena being served on the department to avail itself for the hearings.
The failure to attend resulted in the department missing an opportunity to benefit from the depth of information shared by the other parties, particularly the alleged continuation of the conversions, the impact on human lives, particularly the commuters and taxi owners.
On the face of it, the conduct of the department in this regard appears to amount to contempt of the Public Protector as envisaged in the Public Protector Act. A notice of intent to hold the Director-General (DG) of the department in contempt of the Public Protector has been issued to the DG and copied to the Minister, with the directive that the DG appears before the Public Protector on Wednesday, June 29, 2016.
In the event the DG fails to comply, full contempt proceedings, with the possibility of a fine not exceeding R40 000 or imprisonment not exceeding 12 months, or both, as per the Public Protector Act, will be invoked.
Going forward, the discussions held during the hearings will be transcribed, a meeting with the Minister of Transport will be convened and an investigation report will be finalised, with a view to issuing it within the next two months.
The Public Protector calls on any taxi owners that may have been affected by the conversions to come forth with information.
For more information, contact:
Oupa Segalwe
Cell: 072 264 3273
E-mail: oupas@pprotect.org
