article from IOL
By Niyanta Singh
Despite securing a High Court order restraining MEC Bheki Cele from enforcing a moratorium on the operation of Roadlink buses in the province, the company's managing director, Allan Reddy, believes their troubles are far from over.
He said, "The judge read Cele the riot act. But we are now concerned that we are going to be victimised on the road. We believe every vehicle of ours is going to be tested more than once, just to get back at us.
"Because they lost in court and failed to stop us, they are going to look for every excuse to pull our buses off the road to validate their initial call for a moratorium."
Pietermaritzburg High Court Judge Isaac Madondo said he could see no reason why the moratorium had been placed on the bus company.
He said investigations were still under way as to the number of Roadlink buses that had been involved in accidents or were unroadworthy, and it could well emerge that the company was not at fault.
To suspend the operation of the business in the province at this moment was not the way to deal with the matter.
What was important now was whether the moratorium would cause prejudice or irreparable harm to Roadlink, said Madondo.
The urgent order obtained by SA Roadlink Passenger Services will allow the company to operate through the peak festive season, returning to court on January 8.
Madondo said there was no evidence, other than the fear of the MEC, to show why a blanket suspension of SA Roadlink's operating licences should be imposed.
He said that it was unfair of Cele to deprive SA Roadlink of its right to operate without justifiable grounds. He said it could not be argued that the only reasonable step to prevent further road carnage was to suspend the operating licences of the buses.
Madondo said he was aware of the public outcry, but any decision must be fair and just and the law must be allowed to take its course.
Advocate Yoga Moodley SC, appearing for Cele, urged the court not to entertain the application by SA Roadlink.
He said the MEC felt strongly that serious issues of public interest were at stake, and suggested that while the bus company might suffer economic damages that could be addressed by way of damages claims, passengers could go to hospital, or to their deaths.
Moodley said Cele had first become aware of the pending court action just before midday on Friday, while preparing for a meeting with the company's representatives, and that SA Roadlink had acted in bad faith by arranging to meet him and then serving court papers behind his back.
Barry Roux SC, for SA Roadlink, responded that he had documentary proof that the court papers had been sent and had arrived at the MEC's offices the previous night.
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