In a 2019 report, the Public Protector (PP) recommended that the department must ensure that no Toyota panel van that has been converted into a minibus taxi can carry passengers and operate on the country’s roads.

Asked why this was being embarked upon almost three years after the PP’s 2019 report, Department of Transport spokesperson Lwaphesheya Khoza said the department started scrapping the vehicles in 2019.

A total of 436 vehicles underwent the process of retro fitment – “1,917 vehicles continued to operate illegally and chose not to take up the offer of retro fitment”, Khoza said. 

To date, only 592 vehicles have been received for scrapping. Most of the operators, 1,325 have not complied. These vehicles will be impounded.

The department said the Special Investigating Unit was investigating the illegal conversion of the Toyota panel vans.

“The illegal reference to these vehicle conversions means that there is no record to find the companies or persons responsible for the conversions,” Khoza said.  

In 2005, Toyota panel vans were illegally converted into minibus taxis – a conversion which did not comply with the safety standards for vehicles carrying passengers.

In 2008, according to the Department of Transport, some unscrupulous entrepreneurs discovered panel vans were much cheaper than legal taxi vehicles – because the vans are meant to deliver parcels or move small loads, they do not need luxury fittings and upholstery. 

The scrapping of the panel vans follows numerous complaints that they were illegal, unsafe and contributed to accidents on the roads.

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Following the uproar over the safety of the vehicles, a formal complaint to the Public Protector by Hennie de Beer and a submission to the Competitions Board was also made by the National Taxi Alliance (NTA).

“This was after we realised that there were quite a number of accidents at the time and these accidents were as a result of these vehicles because they were not done professionally,” said spokesperson for the NTA Theo Malele.

On the other end, De Beer argued that the vehicles were structurally defective and did not meet the government’s safety regulations, national standards and requirements in respect of specifications.

De Beer alleged that the operation of the vehicles contributed to accidents as they were structurally unsafe and unstable. He also alleged that banks financed the vehicles to unsuspecting buyers despite objections by the manufacturer.

De Beer added that while some buyers bought the cars unaware of the problem, others did so because it was a cheaper option. In an email to suspended Public Protector Busisiwe Mkhwebane after the release of the report, De Beer wrote:

“The scam had the most devastating motive on the lives and livelihoods of taxi owners as well as the victims of related taxi accidents. I have no doubt that for the first time since 2005 their dignity is about to be restored.”

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Mkhwebane found that the illegal conversion of the vans contributed to fatal accidents that occurred around the country. She found that the vehicles were unsafe for carrying passengers and that the department must scrap the vehicles and pay a scrapping allowance.

A total of 2,353 panel vans were identified by the department as being illegally converted and, of the converted panel vans, 436 were retrofitted and 1,917 will have to be scrapped.

In Parliament in November 2020, members asked why the Department of Transport stated it only became aware of illegally converted taxis in 2009 as there was evidence that the department knew about this as early as 2005.

All illegally converted Toyota panel vans due for scrapping must be surrendered at Taxi Recapitalisation South Africa in Bryanston by 31 January 2023. No illegally converted Toyota panel van will be allowed to transport passengers after this date. Vehicles that do not comply will be impounded.

This pronouncement is contained in a Government Gazette dated 31 October 2022 and signed by Transport Minister Fikile Mbalula on 1 September 2022.

A scrapping allowance of R141,100 per taxi has been offered to operators.

But even as the scrapping of the vehicles draws near, some sectors of the industry are still not clear how the department will handle the process.

The panel vans are intended to carry goods and a maximum of three passengers. 

“But … these vehicles were sold to unsuspecting taxi operators by unscrupulous retailers … colluding with the banks, because you cannot buy these vehicles outright, you need bank finance,” said Malele.

“Before being scrapped, a car has to have an operating licence. But most of these vehicles have been taken off the road. Therefore, they do not have roadworthy certificates. And without a roadworthy certificate, you cannot apply for an operating licence,” said Malele.

Khoza said: “We are requesting that temporary permits be issued for scrapping purposes to allow the process of scrapping to flow seamlessly. 

“… these vehicles were admin marked (flagged in the system to prevent individuals from transacting with the National Administration Traffic Information System if they have outstanding warrants of arrest) by the department to prevent them from operating as they were deemed unsafe. Assuming they were parked off, it is logical to assume that the roadworthiness of these vehicles would be questionable.

“A certificate of roadworthiness is not a requirement for scrapping.”

The Department of Transport said the modification of vehicles from the original specification of the manufacturer of a motor vehicle was permissible in terms of the Road Traffic Act – the panel van conversions were outside the terms.

“The illegally converted Toyota panel vans are hazardous for passengers and motorists. Panel vans won’t pass a rollover test by the SABS. They are for carrying goods not passengers,” said Bobby Gage, founder and CEO of the National Motorist Association of South Africa.

The SABS conducts rollover tests to assess the safety of passengers. It tests vehicles’ strength, durability and safety.

“The vehicles were illegally and unsafely modified,” Khoza said. 

The department said it became aware of the illegal conversions in 2009 and realised the extent of the problem following an investigation.

“After careful consideration of all possible solutions, it was decided that an investigation be conducted on the possibility of a safe retro fitment process to enable these vehicles to comply with the stringent TRP specifications,” Khoza said.

“The Department of Transport assisted the taxi industry to correct the vehicles to ensure safety compliance for the benefit of the passengers but as the figures indicate, the majority of the operators chose not to retro-fit their vehicles,” said Khoza. DM