In her ruling, Mills said the city had not disputed it had failed to provide the 450 buses, as stipulated in the vehicle lease agreement. It had also not disputed that the buses were required for Tansnat to comply with its obligations to provide bus services along 589 routes at peak times.
She said the municipality contended that it was not contractually obliged to add further buses to replace those removed from service due to mechanical breakdowns, failure or damage, which was “difficult to understand”. [The municipality] has outsourced its obligations, and by its own admission is failing to provide the agreed number of buses required.“The municipality was required to place evidence before the court which establishes reasons why specific performance should not be ordered, or why it would be impossible or would result in undue hardship to the municipality.
“It has outsourced its obligations, and by its own admission is failing to provide the agreed number of buses required.”
leona_kleynhans The city has suffered murky and corrupt dealings re buses for 20 years. It has long been a nightmare for commuters.
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