National police commissioner Fannie Masemola and Eastern Cape police commissioner Nomthetheleli Lillian Mene were found in contempt of court for failing to implement a plan to protect long-haul buses in the Eastern Cape.

In a judgment handed down in the Eastern Cape High Court in Makhanda on Tuesday, Judge Motilal Sunil Rugunanan ordered that the South African Police Service (SAPS) take immediate steps to implement a safety plan to "provide for the safety and security of long-distance bus drivers and passengers in the Eastern Cape".

On Thursday, the court heard the contempt of court application, which was brought by bus company Intercape.

Representatives of Mene and Masemola argued as to why they should not be held in contempt of court for failing to implement a court-ordered safety plan aimed at protecting long-haul buses.

Along with developing the safety plan, Rugunanan ordered the police to resume police escorts of buses and to provide visible policing along bus routes and stops, as well as file an affidavit in 30 days reporting on what steps SAPS had taken to comply.

The police commissioners were ordered to pay costs.

The long-haul bus company has been embroiled in an 18-month legal battle to compel the authorities to protect its passengers, drivers and property.

Intercape's court efforts have two legs: the first involving the authorities' alleged failure to develop a safety plan in line with a previous court order; the second leg concerns the police's alleged failure to investigate numerous reports of bus attacks in the province.

In September last year, the court ordered former transport minister Fikile Mbalula and Eastern Cape Transport MEC Xolile Nqatha to develop the safety plan. After a legal battle, the order was made final in December 2022.

In June, the court ordered police to escort Intercape buses in Cofimvaba, Butterworth, Engcobo, Tsomo and Dutywa while the plan was being developed. The order was made final a month later, and new Transport Minister Sindisiwe Chikunga, Nqatha and the police were ordered to finalise the plan.

This culminated in a contempt of court application after the apparent failure of the authorities to develop and implement a safety plan.

In the second matter, Intercape went to court in September this year to compel the police to investigate the cases which were reported.

Judgment in the matter was reserved.

News24 previously reported that Intercape had spent more than R10-million in legal fees.

The cost of repairing damaged buses and providing medical treatment for staff and passengers injured in the attacks cost the company around R50-million, according to CEO Johan Ferreira.

The total number of reported attacks, spanning three years, is currently 176. Most of the incidents have taken place in the Eastern Cape.

A number of these attacks have led to serious injuries to employees and passengers.

In April last year, an Intercape driver was shot outside a depot of the company, and died in hospital days later.

News24 previously reported that Intercape claimed it had faced demands from the taxi industry to adjust prices and limit operations. Resistance to the demands was met with violence against its buses.