COMMUTER omnibus owners in Bulawayo, operating under the
banner ‘Tshova Mubaiwa Transport Co-operative Company’ have approached the High
Court challenging Government’s decision to have their kombis operate under the
Zimbabwe United Passenger Company (Zupco) franchise.
Due to the lockdown restrictions, only Zupco buses and
kombis are allowed to operate while privately-run commuter omnibuses remain
banned.
Local Government and Public Works Minister July Moyo
recently said there were no prospects of commuter omnibuses returning on the
roads as Government is working on strengthening urban bus transport system
through Zupco in order to bring sanity in cities and towns.
Tshova Mubaiwa Transport Co-operative Company Private
Limited, through their lawyers Mashayamombe and Company Attorneys, have filed
an application at the Bulawayo High Court citing President Mnangagwa, Minister
of Health and Child Care Dr Obadiah Moyo, Minister July Moyo and Police
Commissioner General Godwin Matanga as respondents.
Tshova Mubaiwa Transport Co-operative Company wants an
order reviewing and nullifying Government’s decision.
In his founding affidavit, the chairman of the board of
directors of Tshova Mubaiwa Transport Co-operative Company, Mr Atlas Moyo said
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, is irrational and an act of illegality.
He also argued that it is a violation of 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 intracity 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 said 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
national 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.
“Applicants 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.”
Mr Moyo said in direct comparison, commuter omnibuses and
buses operating under Zupco franchise have no designated pick up and drop off
points resulting in them causing a constant barrier for free flow of vehicular
and human traffic.
“The rationale behind the National Lockdown regulations is
to prevent and contain the spread of Covid-19. Applicants and its members are
able to strictly comply with social distancing regulations. Equally, applicant
and its members are able to sanitise their vehicle twice daily as required and
to ensure that all passengers wear face masks and have their temperatures
checked before boarding,” he said.
Mr Moyo said Zupco was failing to meet the demand resulting
in commuters spending long hours in queues waiting to board buses.
“In the circumstances, applicant would submit that the
administrative actions taken by Health Minister Dr Moyo in setting a
precondition for resumption of operations as joining Zupco is devoid of
lawfulness, rationality and fairness. It is not a decision taken in good faith
with the legitimate intentions of preventing, containing and treating
Covid-19,” he said.
Mr Moyo said the decision by Government was designed to
establish Zupco, which all along has been a competitor, as a monopoly in the
market. “Applicant submits that it has shown good and sufficient cause for the
relief it seeks. In the premises, the application seeks an order declaring
section 4 (2) (a) of the Public Health (Covid-19) Prevention, Containment and
Treatment (National Lockdown) Order of 2020 as being unlawful, irregular and
invalid. Consequently, it should be reviewed and set aside,” he said.
Tshova Mubaiwa has been providing intracity transport
services for the past 34 years. The organisation has 1 635 kombis registered
under its franchise. Chronicle
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