Nat Molomo
MASERU — The High Court on Friday dismissed an application of the Maseru Region Transport Operators (MRTO) seeking to block the Road Transport Board from implementing new taxi fares.
Yet in the end it did not matter that Justice Thamsanqa Nomngcongo had dismissed their application.
If anything, the taxi industry came out of that defeat with a weapon that they are likely to brandish for years to come.
The taxi operators were seeking an order to stop the Road Transport Board from implementing the new fares without consultation but instead the judge made a finding that will change the way the taxi industry operate in this country.
Justice Nomngcongo said he did not see why the taxi operators were fighting the Road Transport Board when the Road Traffic Act of 1981 states that the board has no power to review taxi fares.
He said it was the taxi industry and not the transport board that has the mandate to come up with new taxi fares.
For the past 30 years or so the board has arrogated itself the power to review fares for transport operators.
Justice Nomngcongo said according to the law the taxi and bus operators determine fares and refer them to the board for approval.
“There is nothing that says that the board has power to increase fares,” Justice Nomngcongo said.
“It (the board) comes in only when there is a condition attached for approval,” he added.
“The solution for the time being is that we should leave the old fares in practice and the two parties and their legal representatives should meet and discuss the way forward,” he said.
He said the parties should come back to court within 14 days to report on progress.
Minibuses are currently charging M4 and 4+1 taxis M4. 50.
The Road Transport Board had increased the fares to M5 and M5.50 respectively.
The judge said once the parties the agreed the court will issue an order.
Last week the MRTO obtained an interim court order preventing the government from implementing new fares which were supposed to come into effect on August 1.
The applicants cited the Traffic Commissioner, Road Transport Board and the Minister of Public Works and Attorney-General as respondents.
MRTO had claimed that the Road Transport Board intended to implement fares contrary to section 7 of the Road Transport Act 1981 without giving them a legitimate right to a public hearing before reaching a decision.
After hearing arguments on Friday Justice Nomngcongo said it seemed the country’s taxi industry had been left to regulate itself.
The MRTO public relations officer, Lebohang Moea said the taxi operators were pleased with the judgment.
“We are satisfied with this judgment because it opens the way for dialogue.
“It vindicates us on what we have been saying that you cannot be a referee and a player at the same time.”
Moea told the Sunday Express that for years they have been telling the Road Transport Board that it had no power to decide what the taxi operators should charge.
“This is what we have been telling them for years but they have never listened. Now that there is this judgment they know that they have been using powers that they don’t have.”
“We are awaiting the written judgment to come out. As soon as we have it we will approach the board for discussions on the issue,” Moea said.
“This will put a stop to a bad habit by some public officials who are used to allocating themselves powers they do not have.”
The judgment might be good for the taxi industry but it spells disaster for commuters.
The taxi operators have made it clear that they want to increase their charges by 100 percent.
That would mean that those that use minibuses will pay M8 per local trip.
Those that use 4+1 taxis will pay M9 for a local trip.