Transport Minister at loggerheads with City of Cape Town MMC JP Smith. Image:Facebook/JP Smith/@DOTransport
Taxi Strike: National laws VS City by-laws
What does the law say? City of Cape Town MMC for Safety JP Smith has accused Minister Sindisiwe Chikunga of not understating traffic laws
Transport Minister at loggerheads with City of Cape Town MMC JP Smith. Image:Facebook/JP Smith/@DOTransport
In the past two days, the country has witnessed a war of words between Transport Minister Sindisiwe Chikunga and City of Cape Town MMC for Safety and Security JP Smith over the implementation of national traffic by-laws which has seen thousands of taxi’s being impounded.
MINISTER FIRES AT JP SMITH
Chikunga, in a heated press conference in Midrand, called out Smith for allegedly illegally impounding taxi and accused him of creating laws targeting taxi’s.
“They are impounding vehicles not in terms of the law. They have some regulations and some laws that they are creating on things that are already legislated and you cant do that”, says Chikunga.
WHO UNDERSTANDS THE LAW BEST?
Smith hit back at Chikunga and accused her of not understanding the laws that govern public transport.
“The minister has a limited understanding of the laws she is responsible for. It is precisely the Act for which she is responsible which exclusively targets public transport vehicles (including taxis) for impoundment and excludes private vehicles”, says Smith.
Chikunga demanded for the immediate release of the taxi’s, a demand which will see her taken to court. Smith has accused Chikunga of abusing her powers.
“We may now need to prevent Minister Chikungwa from abusing her powers as she is not legally able to order the release of taxis legally impounded under national laws. Our legal advisors are preparing the necessary court actions”
MMC JP Smith
REASONS YOUR VEHICLE CAN BE IMPOUNDED:
Click here to see the full City of Cape Town Traffic By-Laws
(1) For purposes of this chapter vehicle includes a motor cycle and a motor tricycle,
and where relevant a quad bike, pedal cycle or animal drawn vehicle.
(2) The authorised official may in the interest and safety of the public, without prior
written notice, impound vehicles where the –
(a) vehicle was involved in reckless or negligent driving or illegal street racing;
(b) vehicle is unlicensed or the licence disc has been expired for more than 90
days;
(c) vehicle is unregistered;
(d) vehicle is not fitted with licence plates,
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(e) vehicle is damaged or is in a state of disrepair and is, in the opinion of the
authorised official, not roadworthy;
(f) vehicle is a taxi which is being operated in contravention of the conditions of
approval its operating licence or off the approved route;
(g) vehicle has been left abandoned as specified in section 61;
(h) driver of the vehicle is unlicensed, or the driver does not have his or her driver’s
licence available for inspection;
(i) driver of the vehicle is under the influence of intoxicating liquor or a drug having
a narcotic effect; or
(j) driver did not stop when signalled to do so by an authorised official resulting
in the driver having to be pursued and forced to stop.
