The Department of Transport expanded the TRSA mandate to include the processing of the scrapping of the identified Illegally Converted Toyota Quantum Panel Vans (referred to as “Illegal Panel Vans”) that were operating as minibus taxis for reward. The surrendering of these “illegal Panel Vans” to the TRSA by the taxi owners was voluntary.
Contextual Analysis
Summary of the Public Protector Findings in 2019
Issue 1
The allegation that the Department of Transport failed to take effective and efficient steps to ensure the safety of commuters using the Toyota Quantum panel vans that have been illegally converted into minibus taxis for transport and whether it failed to protect taxi owners from the consequences of purchasing Toyota Quantum Panel Vans that have been illegally converted into minibus is substantiated.
Issue 2
Whether the NRCS in its official capacity as a National Regulator responsible for the maintenance of compulsory specifications failed to take effective and efficient steps to ensure that all MBs comply with the compulsory specifications as envisaged by the NRCS Act to restrict the illegal conversions of these vehicles into minibus taxis is substantiated.
Issue 3
Whether the SABS failed to conduct adequate quality assurance tests when it was requested to do so by the DoT in 2009 to make a determination whether or not the Toyota Quantum Panel Vans that have been illegally converted to minibus taxis could be retrofitted to ensure the safety of commuter using these vehicles is substantiated.
Summary of the Public Protector’s Remedial Action
The following remedial action to remedy the gross negligence, undue delay, improper conduct, and maladministration referred to in the Public Protector Report on Illegal Conversions of Toyota Quantum Panel Vans into Minibus Taxis Report Number: 37 of 2018/19, is as follows:
The Minister of transport to take urgent and appropriate steps to:
- Ensure that the department has an extensive updated record of a number of illegally converted Toyota Panel Vans into passenger carrying minibus taxis that have been retrofitted as part of the identified two thousand three hundred and fifty- three (2 353) minibus vehicles;
- Ensure the status of all other converted minibus taxis to establish with certainty, the remaining number of minibus taxi vehicles that would still need to be attended to;
- Reconcile a database of vehicles that were originally admin marked and the current value of those vehicles so as to consider the number of vehicles that will be due for scrapping and such vehicles should with the consent of its owners be duly scrapped and the owners offered scrapping allowances to enable them to acquire roadworthy and authorized vehicles;
- Verify operator validity by inspecting Operating Licensing Administration System (OLAS) to determine the number of vehicles attached to Operating Licenses and consider making it a pre-requisite that a minibus taxi should be linked to an operating license for it to qualify for a scrapping allowance;
- Facilitate a stakeholder engagement by all relevant parties such as TSM, SANTACO, NTA, NAAMSA, NRCS, SABS, Financial Institutions and Taxi Owner representatives so as to make a determination on details of minibus taxis that will be eligible for scrapping based on the latest statistics; and;
- Ensure that there is an investigation conducted into the e-Natis systems manipulation which resulted in the fraudulent registration of these vehicles with a view to identifying perpetrators of this criminal conduct for arrest and prosecution by the Prosecution Authorities.
The Database from the Department of Transport
The table below represents the number of records of the identified “Illegal Panel Vans”.
Table 1: Database received from the Department of Transport
| Initially Identified illegal panel vans | Retro fitment | Number of illegal panel vans remaining | Database of the Number of illegal panel vans provided to TRSA | Variance |
|---|---|---|---|---|
| 2 353 | 436 | 1 917 | 1 916 | 1 |
| During a 6 month window period in 2010 | The remaining panel vans admin marked in 2018 | DoT supplied a database of 1 916 vehicle records. The variance can be attributed to a duplicate record |
NOTES ON TABLE 1
From 2006 to 2010, minibus taxi operators acquired Toyota Quantum panel vans (manufactured for the
conveyance of goods) and illegally converted these vehicles into passenger-carrying minibus taxis (16-
seaters).
- Following a review and testing by SABS, the Minister of Transport in 2010 approved the retrofitment of 2 353 panel vans allowing for the conveyance of passengers up to 16.
- However, only 436 of the panel vans were retrofitted under this process, despite a 6-month window period granted for this purpose.
- The balance of ‘1,917’ panel vans remained illegal and was subsequently ‘Admin Marked’ by DoT in 2018.
- TRSA received a database of 1,916 “Illegal Panel Vans”.
- The variance can be attributed to a duplicate record.
The Scrapping Stats of the “Illegal Panel Vans”
Table 2: Scrapping Stats of “Illegal Panel Vans”
MINIBUS TAXI PANEL VANS SUMMARIZED RECON AS AT 30 APRIL 2023
| Province | Identified number of "Illegal Panel Vans" | "Illegal Panel Vans" applications processed, scrapped and paid under TRP (TSA 2006 - 2018) | "Illegal Panel Vans" applications processed, scrapped and paid under RTRP (1 Jul 19 - 31 Jan 23) | "Illegal Panel Vans" remaining that were not voluntarily surrendered to the TRSA |
|---|---|---|---|---|
| Eastern Cape | 169 | 2 | 55 | 112 |
| Free State | 88 | 0 | 30 | 58 |
| Gauteng | 711 | 6 | 184 | 521 |
| Kwa-Zulu Natal | 220 | 2 | 43 | 175 |
| Limpopo | 166 | 2 | 64 | 100 |
| Mpumalanga | 133 | 4 | 45 | 84 |
| North West | 185 | 0 | 69 | 116 |
| Northern Cape | 5 | 0 | 3 | 2 |
| Western Cape | 239 | 1 | 140 | 98 |
| 1,916 | 17 | 633 | 1,266 |
NOTES ON TABLE 2
TRSA has complied with its mandate to scrap “Illegal Panel Vans” over the specified period in the following manner:
- 1 916 Toyota Quantum panel vans were identified for removal from use on public roads as minibus taxis.
- 650 vehicles were processed and paid out through both recapitalization programmes as follows: 17 paid via the TSA (TRP) and 633 paid via the TRSA (RTRP)
- 1 266 panel vans remain unprocessed.
Project Closure
The intake of voluntary “Illegal Panel Vans” for scrapping officially ended on 31 January
2023 as per the Government Gazette Notice 1374 of 2022.
