The Bhisho High Court has granted an order that the transport department continue ferrying thousands of schoolchildren using the services of qualified individual operators.
Earlier this year, Uncedo taxi association interdicted the department from going ahead with the tender to award contracts to individuals, alleging the department had not advertised it.
The Bhisho High Court agreed at the time, ordering the department to advertise the tender.
The department found that only 14% of bidders were compliant with the specifications of the tender after it had been advertised.
Last week, the parties returned to court and the initial order was amended by agreement to allow the department to continue using the services of individual operators and that the contract would be re-advertised before the end of September.
This would allow those who were found previously to be non-compliant to become compliant and submit bids.
The tender would be to transport pupils from the beginning of the 2016 academic year.
The operators who were left out of the tender would be trained on how to bid for the scholar transport before the contract was re-advertised in September.
As part of the judgment granted by Judge Belinda Hartle, the department was ordered to engage with concerned associations and licensed operators.
The department was also required to submit the list of all approved operators to Uncedo.
Eastern Cape transport spokesman Ncedo Kumbaca said school children were ferried yesterday. He said there were no reported incidents.
The department had set aside R432-million to transport 60000 beneficiaries this year.
“The order set out that services of individual operators must be used. We no longer use the Eastern Cape Bus and Taxi Business Chamber,” Kumbaca said, following claims by Eastern Cape taxi council president Vuyani Mshiywa that the contract was still under the Eastern Cape Bus and Taxi Association Chamber (ECBTAC).
Mshiywa said, however, that One Future Development 46, the business arm of ECBTAC, was no longer involved in the contract.
Uncedo Taxi Association national president Ntsikelelo Gaehler said they were pleased with the court outcome following negotiations between the legal teams.
However, Gaehler said they would take legal action if the department failed to provide the list of approved operators. “We know that there are those that did not qualify but were hired before so we want to check if they are not part of the 14% that has been approved.”
Eastern Cape Bus Operators Council president Simlindile Hintsa said their members had transported pupils yesterday.
Hintsa said meetings were held over the weekend to discuss the extension of contracts and non-payment of their members.
Hintsa, who used to head the ECBTAC when scholar transport was contracted to One Future Development 46, said the bus and taxi industry had developed a pact and were still working together in the province. — msindisif@dispatch.co.za
Pupil transport given go-ahead
Earlier this year, Uncedo taxi association interdicted the department from going ahead with the tender to award contracts to individuals, alleging the department had not advertised it.
The Bhisho High Court agreed at the time, ordering the department to advertise the tender.
The department found that only 14% of bidders were compliant with the specifications of the tender after it had been advertised.
Last week, the parties returned to court and the initial order was amended by agreement to allow the department to continue using the services of individual operators and that the contract would be re-advertised before the end of September.
This would allow those who were found previously to be non-compliant to become compliant and submit bids.
The tender would be to transport pupils from the beginning of the 2016 academic year.
The operators who were left out of the tender would be trained on how to bid for the scholar transport before the contract was re-advertised in September.
As part of the judgment granted by Judge Belinda Hartle, the department was ordered to engage with concerned associations and licensed operators.
The department was also required to submit the list of all approved operators to Uncedo.
Eastern Cape transport spokesman Ncedo Kumbaca said school children were ferried yesterday. He said there were no reported incidents.
The department had set aside R432-million to transport 60000 beneficiaries this year.
“The order set out that services of individual operators must be used. We no longer use the Eastern Cape Bus and Taxi Business Chamber,” Kumbaca said, following claims by Eastern Cape taxi council president Vuyani Mshiywa that the contract was still under the Eastern Cape Bus and Taxi Association Chamber (ECBTAC).
Mshiywa said, however, that One Future Development 46, the business arm of ECBTAC, was no longer involved in the contract.
Uncedo Taxi Association national president Ntsikelelo Gaehler said they were pleased with the court outcome following negotiations between the legal teams.
However, Gaehler said they would take legal action if the department failed to provide the list of approved operators. “We know that there are those that did not qualify but were hired before so we want to check if they are not part of the 14% that has been approved.”
Eastern Cape Bus Operators Council president Simlindile Hintsa said their members had transported pupils yesterday.
Hintsa said meetings were held over the weekend to discuss the extension of contracts and non-payment of their members.
Hintsa, who used to head the ECBTAC when scholar transport was contracted to One Future Development 46, said the bus and taxi industry had developed a pact and were still working together in the province. — msindisif@dispatch.co.za
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