High Court says kombi ban unlawful

Mashudu Netsianda, Deputy News Editor
THE High Court has ruled that the decision by Government to ban public transporters in urban centres from operating outside the Zupco ambit at the height of Covid-19 pandemic in 2020 was unlawful and irregular.

Government decreed that all public transporters in urban centres should be registered under the Zupco ambit as it brings sanity to the transport sector.

Since the beginning of lockdown in March 2020, only Zupco registered buses and kombis were allowed to transport commuters in terms of Covid-19 prevention, containment and treatment regulations.

The ruling by Bulawayo High Court judge Justice Evangelista Kabasa follows a court application for review by Tshova Mubaiwa Co-operative Limited, through their lawyers, Mashayamombe and Company Attorneys, citing Government as a respondent.

In papers before the court, Vice-President Constantino Chiwenga, in his capacity as Health and Child Care Minister, was cited as the first respondent while Police Commissioner-General Godwin Matanga and Local Government and Public Works Minister July Moyo were cited as second and third respondents, respectively.

President Mnangagwa was cited as the fourth respondent. Tshova Mubaiwa Transport Co-operative Company sought an order reviewing and nullifying Government’s decision.

Justice Kabasa ruled that Section 4 (2) (a) of the Public Health (Covid-19) Prevention, Containment and Treatment (National Lockdown) Order 2020 was unlawful.

“It is ordered that Section 4 (2) (a) of the Public Health (Covid-19) Prevention, Containment and Treatment (National Lockdown) Order 2020 is unlawful, irregular and invalid. It is hereby reviewed as and set aside and the first respondent to pay the costs of suit on the ordinary scale,” she ruled.

In his founding affidavit, the chairman of the board of directors of Tshova Mubaiwa Transport Co-operative Company, Mr Atlas Moyo argued that the decision by Government to ban kombis in terms of Section 4 (2) (a) of the Public Health (Covid-19) Prevention, Containment and Treatment (National Lockdown) Order of 2020, was irrational and an act of illegality.

He said it violated their constitutional rights.

“This is an application to review and set aside Section 4 (2) (a) of the Public Health (Covid-19) Prevention, Containment and Treatment (National Lockdown) Order of 2020. The section of the regulation reads: ‘transport services, whether intra-city or inter-city, for the carriage of passengers shall be restricted to those provided by the parastatal company known as Zupco,” said Mr Moyo.

He argued that their organisation is a registered company operating in terms of the laws of the country hence its members have freedom of profession, trade or occupation which have been infringed by the regulation which restricts operations of its kombis to only those who register and operate under Zupco.

“Prior to the declaration of Covid-19 as a State of Disaster, the applicant carried on business as a public transport service provider without restrictions. It was a direct competitor in the market with Zupco. In order for it to ply urban routes each vehicle had to be issued with the permits, licences and authorisations and our members religiously complied with those requirements,” said Mr Moyo.

“The applicant contends that Section 4 (2) (a) of the Public Health (Covid-19) Prevention, Containment and Treatment (National Lockdown) Order of 2020 is unlawful to the extent that it violates its rights to fair administrative action.”

Article Source: The Chronicle