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The Competition Tribunal on Friday began hearing an 'abuse of dominance' case brought by a black-owned bus company against Passenger Rail Agency of South Africa (Prasa) over access to Johannesburg Park Station, the country public transportation hub.
Africa People Mover (APM), a privately-owned commercial bus company, is seeking an interdict against Prasa after the state-owned agency blocked it from accessing the station due to unpaid fees.
According to papers submitted to the Tribunal, APM, which was founded by Tumisang Kgaboesele, owes Prasa a “significant amount of money after defaulting on its payments”, which prompted the agency to prevent it from accessing Park Station.
PRASA alleges that APM initially paid fees in line with an access agreement which has since lapsed.
There is currently no agreement in place.
The station which is owned and operated by Prasa is a base for a number of bus companies and services extensive route networks across the country and parts of southern Africa.
Pretoria-based APM is asking the Tribunal for an interim relief order to interdict and restrain PRASA from preventing its buses from entering Park Station and engaging in exclusionary behavior.
According to the Tribunal, the bus operator has indicated willingness to pay a “reasonable” fee to the agency, as it can’t afford the full pay stipulated fee.
Prasa, through its subsidiary, Autopax Passenger Services, operates Translux and City to City buses.
They both have access to Park Station bus terminal. In the papers before the Tribunal, the passenger agency states that its conduct is “valid and lawful and an interdict would not be reasonable.
APM founder and chief executive, Kgaboesele a former Autopax executive left the entity in 2013 to form the company.
The start-up company owns 30 coaches and employs 220 people. It services routes between Johannesburg, Durban, Cape Town, Polokwane and Pretoria and a host of smaller cities.
