Ngcobo Intercape: SAPS Contempt of Court Case Sees Intervention

• Ngcobo taxi operators have given the government 21 days to resolve their dispute with Intercape, demanding the bus company cease loading passengers in town.
• Intercape's operating licenses and right to operate in Ngcobo have been confirmed by a court, despite initial challenges from the taxi association and Dr AB Xuma Municipality.
• The national and Eastern Cape police commissioners, along with the Ngcobo SAPS station commander, face potential contempt of court charges for failing to comply with orders to protect Intercape.
• A Makhanda High Court ruling in February mandated police maintain a visible presence and escort Intercape buses when violence is a concern.
• The court will decide on October 13, 2026, whether to finalize the contempt of court order against the police officials.

The court subsequently affirmed Intercape's operating licenses and its entitlement to conduct operations in Ngcobo.

Local taxi operators in Ngcobo have issued a 21-day ultimatum to government authorities, demanding a resolution to their ongoing dispute with long-distance bus company Intercape. The core of the conflict centers on the taxi association's insistence that Intercape should not be permitted to load passengers within the town. This demand follows weeks of protests that significantly disrupted daily life for Ngcobo residents, impeding their access to essential health and government services, including clinics, Home Affairs, and SASSA offices, while also impacting local schooling.

The recent shutdown was temporarily suspended after a meeting of the National Joint Operational and Intelligence Structure (NATJOINT). This crucial Monday gathering included representatives from the Ngcobo Crisis Committee and directors-general from the departments of transport, cooperative governance and traditional affairs, and home affairs. Khuthele Jezile, speaking on behalf of the Ngcobo Taxi Association, confirmed the suspension but indicated that the association would reconvene in 21 days to decide whether to resume their strike action.

Jezile clarified that the protests were not solely focused on the Intercape dispute but also encompassed broader concerns regarding service delivery and unfinished local projects. He further noted that the association had engaged with other bus companies about passenger loading in Ngcobo, highlighting that these companies' owners are often members of taxi associations and do not operate with the same frequency as Intercape, which runs buses "every hour."

Intercape's legal counsel, Jac Marais, Chairperson of Adams & Adams Attorneys, has consistently asserted the bus company's valid operating licenses and its right to operate in Ngcobo. Marais detailed a court application in December 2025 where the Ngcobo Taxi Association and the Dr AB Xuma Municipality sought to intervene in Intercape's existing legal proceedings against the South African Police Service (SAPS) for its alleged failure to protect the bus company.

Initially, the intervening parties challenged the validity of Intercape's operating licenses. However, during the court hearing, they conceded that Intercape indeed possessed valid licenses. The court subsequently affirmed Intercape's operating licenses and its entitlement to conduct operations in Ngcobo. Marais criticized the transport MEC, Xolile Nqatha, and the Dr AB Xuma Municipality for allowing a "false narrative" about the validity of Intercape's licenses to persist, despite their ability to easily confirm the truth.

Marais also highlighted a pattern of attempts to prevent Intercape from loading passengers in Ngcobo, noting that such efforts have occurred in previous years and typically intensify during peak travel seasons, such as the festive period. He referenced a series of court orders issued over the years that support Intercape's right to operate. Furthermore, Intercape's operating licenses explicitly permit the company to load passengers at the Ngcobo SAPS station if it experiences intimidation or violence at its regular stop.

The ongoing dispute has drawn the South African Police Service into significant legal scrutiny, with high-ranking officials facing potential contempt of court charges. A High Court ruling in Makhanda in February mandated that police must maintain a visible presence and deploy sufficient SAPS members at all stops along Intercape's routes. The court further ordered that police must provide escorts for Intercape buses upon request, particularly when there is a legitimate concern for violence.

In June, the court escalated its oversight, issuing a notice to the national and Eastern Cape police commissioners, as well as the Ngcobo SAPS station commander. These officials were ordered to appear and demonstrate why they should not be held in contempt of court, requiring them to provide evidence of their compliance with the previous court orders. Failure to adequately show cause would result in them being held in contempt, which constitutes a criminal offense. The court specifically reiterated its directive for the police to maintain a visible presence at Intercape's designated loading area in Ngcobo.

The legal proceedings are set to culminate on October 13, 2026, when the court will make a final determination on whether to formalize the contempt of court order against the implicated SAPS officials. This upcoming decision underscores the serious legal ramifications for law enforcement if they are found to have disregarded judicial directives concerning public safety and the protection of business operations.

The dispute extends beyond the immediate conflict between the taxi association and Intercape, touching upon broader issues of regulatory oversight and governmental accountability. The national Department of Transport has reportedly committed to reviewing Intercape's operating permits, with assistance from both the Eastern Cape and Western Cape transport departments. However, the Eastern Cape Department of Transport declined to comment when approached for information.

The persistent challenge to Intercape's operations, despite court affirmations of its licenses, highlights a complex interplay of local interests, regulatory frameworks, and the rule of law. The 21-day ultimatum issued by the Ngcobo Taxi Association places renewed pressure on government entities to find a resolution that addresses the concerns of local operators while upholding the legal rights of Intercape and ensuring public access to transport services. The looming contempt of court decision against SAPS also adds a critical dimension, emphasizing the judiciary's role in enforcing compliance and maintaining order amidst such disputes.

Source: Original reporting via GroundUp