The fight over Golden Arrow Bus Service’s share of the MyCiTi Phase 1A transport may is head to the Supreme Court of Appeal following Golden Arrow’s filing leave to appeal on Friday.
Golden Arrow Bus Service’s (GABS), has threatened to halt further expansion and implementation of the MyCiTi bus service in demand for the lion’s share of the service.
In its dismissed court application GABS initially claimed that the City had negotiated with it “in bad faith and unreasonably”, alleging that disputes about its share of the MyCiTi market, as well as its claim for compensation for redundant assets such as buses, should be referred to mediation and arbitration.
The Western Cape High Court dismissed the case on Friday 26, following which GABS applied for leave to appeal in the Supreme Court on Friday May 17, said GABS spokesperson John Dammert on Monday.
“The (High Court) Judgement went against GABS,” said Dammert.
“We studied the judgement and found that reasonable grounds exist that another court can come up with an alternative decision.”
He said GABS was waiting to hear if its leave to appeal was successful.
In the meantime, the City will be opposing GABS’s application, said Mayco member for Transport Roads and Stormwater Brett Herron.
“We will do all we can to prevent those who seek to obstruct us from enhancing public transport for the benefit of the commuter, from delaying our progress,” stated Herron.
However, he said there was no doubt that GABS was entitled to appeal the High Court’s decision and while the City respected that right, they were nonetheless “extremely disappointed by their decision”.
He said the City has a mandate from the National Department of Transport to bring “about a new public transport order” and has a statutory obligation to integrate public transport.
He said the City was working “very hard” to implement the MyCiTi bus system, which currently offers much needed affordable and quality public transport services to communities in the West Coast.
The City will for the first time provide economically vulnerable communities such as Atlantis and Du Noon with an affordable and rapid transit link to the central city and the surrounding industrial and commercial areas.
“It is our objective to see routes to Atlantis and Du Noon, Montague Gardens and Century City among others, fully implemented by the end of 2014 and to have already commenced planning and construction for the next phase as well,” he said. —Peter Luhanga