A Cape Town bus company has seven days in which to comply with a contract to provide transport for learners from the Anne Pienaar Memorial Primary School near Malmesbury.

The Western Cape Education Department (WCED) would prefer to terminate the contract immediately, but we have to follow due process in terms of the contract, which allows for a seven-day notice period.

Two learners from the school died in February when a bus operated by the Capeways Transport overturned 12 kms from the school. Fifteen further learners and the driver were injured in the accident.

The WCED has given the company seven days notice following an investigation, which found that the company was not using a bus registered for the contract, despite an instruction to do so.

Transport providers have to register specific buses used to transport learners, in terms of their contracts with the WCED. They have to obtain roadworthy certificates for these buses every six months.

The WCED investigation found that the bus involved in the accident was not registered for the transport scheme, although it did have a roadworthy certificate.

The WCED instructed Capeways Transport to use the bus registered for the scheme. We have since found that the company has not done so, and that the bus they have been using does not have a roadworthy certificate.

This is completely unacceptable. The WCED has suspended the operations of this service temporarily and has made alternative arrangements to provide transport until the end of the school term on Friday (31 March 2006).

We will continue monitoring our Learner Transport Scheme closely to ensure that our service providers meet the conditions of their contracts.

When the WCED awards a contract for learner transport, the contractor undertakes to provide a safe, reliable and effective service. Our learners are entitled to it and we insist on it. Therefore, when a contractor defaults on this service, we will do whatever it takes to ensure compliance with the contract.