Bame Piet
6 January 2009
While commuters are celebrating a 30thebe reduction in combi fares, and reductions on long distance buses, the operators are busy arranging papers they will present before the High Court to reinstate the P3 charge to fight any reduction.
After suffering a setback on December 24, 2008, the operators confirmed yesterday that they will file fresh papers urgently to fight their case before the High Court. An operator confirmed that the High Court requested some papers from him on his review of fares and how the operators reached the amount of P3.
Attorney, Archibald Gijima, representing the Gaborone Taxi and Local Bus Service Association and others, confirmed that the case is going before the High Court very soon.
"We are just compiling information from other nine applicants and we will be filing the main application this week or next week," he said. Other applicants are the Botswana Bus, Taxi and Truckers Association (Francistown), Lobatse Taxi Association, Kanye Transport Association, Molepolole Transport Association, Mahalapye Transport Association, Palapye Transport Association, Maun Taxi and Combi Association, and Tshwaraganang Combi Association.
In their affidavit the applicants argue that despite the establishment of a Fares Review Committee, whose main purpose was to work with government on reviewing fares, the latter attempted to unilaterally decrease the fares.
"There was confusion, which resulted in violence between the public and the transport operator employees," the affidavit reads. The ministry retreated. "Further negotiations were attempted by the applicants. However, the ministry has failed to take into account the report of the applicants consultant and applicants position," the affidavit further reads.
The operators argue that reduction of the fares is unreasonable and it contravenes the Road Transport Permits Act, adding that this will result in underpaying transporters' employees and failing to employ conductors.
"Secondly, the reduction ignores the other operating costs of the applicants. These operational costs, apart from the fuel, have been increasing, they argue. The applicants want another opportunity to offer the ministry a proper cost- benefit analysis, which will show how a change in fares can ensure viability for the operators and a good service for the travelling public," the affidavit says.
The reductions were effected on December 24.
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