SAPS Held Contempt for Neglecting Court Order to Safeguard Eastern Cape Buses

In a landmark judgment, the South African Police Service (SAPS) has been found in contempt of court for not adhering to a previous court order, designed to ensure the protection and safety of long-distance buses operated by Intercape. This significant ruling underlines the crucial responsibility of law enforcement in upholding court orders, while also showcasing the resilience of legal processes in safeguarding public services and safety.

Intercape, a prominent long-distance bus company, has been at the center of a legal battle with SAPS and transportation authorities in Eastern Cape. The company has faced a series of violent incidents, with attacks on their buses allegedly orchestrated by rogue taxi operators intent on coercing the firm to increase its fares and deterring long-haul travel competition.

Previously, seeking remedial action, Intercape had approached the Eastern Cape High Court in Makhanda to address this issue, obtaining a favorable ruling. Judge John Smith's order compelled the SAPS to ensure significant law enforcement visibility at bus loading points within the identified hotspots, as well as the provision of police escorts along high-risk routes.

Despite the clarity of the order, Intercape was compelled to return to court, citing failures by the police to implement these directives. The failures included insufficient law enforcement presence and infrequent escorts, which did not satisfy the terms of the court order.

The application highlighted the National Police Commissioner, Fannie Masemola, and Eastern Cape Police Commissioner, Nomthetheledi Mene, as having neglected their official duties. Intercape's request for their imprisonment was severe, albeit symbolic, emphasizing the urgent need for a tangible plan to protect the bus service and its passengers.

Judge Motilal Rugunanan's decision, which arrived just before Christmas, reinforced the severity of SAPS's failing. Significantly, he opted not to imprison the commissioners, recognizing the need for balanced justice that ensures compliance without immediately resorting to severe penal measures.

The expectation now is that the SAPS will submit a detailed affidavit outlining concrete steps they are taking to fulfill the court's original demands. This legal requirement underscores the aspect of accountability within law enforcement, crystallizing the judiciary's push for a higher standard of public protection.

It is a stark reminder that the SAPS's duty transcends mere policing. They must actively respect and execute judicial orders, particularly those with significant implications for public security. The judge highlighted that compliance responsibility stretches to the top of the command chain, where national resource allocation and strategic directives shape regional security efforts.

The ruling is a beacon for public transportation operators, passengers, and the broader community who have the right to expect and demand a safe and secure travel environment. It also lays bare the necessity for a collaborative approach between the judiciary and law enforcement, serving as a precedent for future instances where court orders must be meticulously followed.