‘Unfortunately his company has paid dearly for this brave stance … but hopefully this judgment will serve to vindicate his belief that it was the right thing to do,’ says judge.
The “resolute resistance” of Johann Ferreira, CEO of long-distance bus operator Intercape, in the face of unabashed official bullying was to be commended, Makhanda high court Judge John Smith has said.
Judge Smith said the Minister and the MEC had both failed in their statutory and constitutional duties and gave them until the end of this month to file a plan of action with the court to show what steps they would take, and by when, to ensure the safety and security of the bus drivers and passengers.
“The result is that these harrowing allegations regarding brazen acts of criminality, governmental indifference, and even more concerning, an MEC’s acquiescence in the criminal conduct remained unchallenged … this is indeed a troubling aspect of this case.” It was for this reason that in his order, he had ruled that Tikana-Gxothiwe had acted unlawfully when she gave the instruction to Ferreira.
“I am of the view that the evidence establishes that the MEC has failed to intervene in any meaningful way … the Minister himself has done nothing to intervene. He did not give any consideration to exercising his powers under the Transport Act in the light of the MEC’s demonstrable failure to do so.”
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