Cape Town – In a victory for more than 1 000 rail
security guards left jobless when the
Passenger Rail Agency of SA (Prasa)
terminated their contracts, the Western
Cape High Court yesterday ordered that
they go back on duty.
Prasa was also ordered to, within 30 days, provide the court with an “adequate contingency safety plan”, approved by the Railway Safety Regulator, for the protection of commuters, employees and Prasa assets.
The court order is also relief for commuters, who have had no private security on trains for over two weeks.
The rail system was rocked by
several security-related incidents after Prasa terminated 20 private security company contacts nationally last month. The United National Transport Union alleged there was no interim relief.
The union said vandalism of infrastructure had hit crisis levels by the weekend because police were expected to be deployed to strategic places, but were nowhere to be seen.
Three security companies - Chuma Security Services, Sechaba Protection Services and Supreme, represented by Mark Hess Attorneys - then turned to the Western Cape High Court to challenge Prasa’s decision.
The companies alleged that no written notice was provided timeously, and they had received an order via a phone call from a Prasa representative, on November 1, to vacate Prasa premises by midnight that same day.
Prasa had argued that letters were
issued to the respective companies
a month in advance, and a decision
was taken to terminate the contracts
after the public protector found the
contracts to be unlawful and irregular.
The affected security personnel
were tasked with safeguarding train
drivers, commuters and rail infrastructure along the Northern, Southern
and the notoriously dangerous Central lines.
#UniteBehind joined the
companies as amicus curiae (friend of
the court).
Advocate Adiel Nacerodien argued
on behalf of the companies that Prasa
breached its obligations to provide
reasonable measures of security, adding that “the festive season approaching will put further the strain” on
existing railway security.
Western Cape High Court Judge
President John Hlophe granted the
relief that Prasa continue the security contracts on the same terms and
conditions, until a new tender was
finalised or until alternative measures
were in place.
This includes an interim
security plan within the month.
“The problem is, there is no provision in the interim to protect the
thousands of commuters every day.
"The security is woefully inadequate,
and there’s no denying this fact.
(Prasa) knew this contract would end
in October, and by not finding something else before this, they allowed an
unnecessary gap,” Judge Hlope said.
Prasa was also ordered to pay costs.
The order was met with jubilation
by security guards, security company
representatives and #UniteBehind.
Chuma Security Service chief executive Sithethi Ngcwangu said: “We
never stopped working, even though
Prasa kept on chasing employees off
the sites.
"The security companies
have been unhappy and mistreated
in all this time that the contracts were
terminated.
“The reason we never
stopped working is because we thought
about the lives of thousands of commuters and train drivers at risk.
“We also had to fight because the
termination of the contracts was done
without notice, and many families
were going to be affected.”
Mark Hess Attorneys director Mark
Hess said: “My clients are extremely
happy about the outcome of the court
proceedings, especially in light of the
fact that the jobs of 1 100 security
guards have at least been secured for
now.
‘‘Prasa can no longer prevent the
guards from rendering their services.
Prior to the court application, Prasa
officials attempted to prevent them
from doing so on train stations.”
Prasa spokesperson Nana Zenani said
she was awaiting a response from the
Prasa board which was not available
by deadline.