Final Mandates: Railway Safety Bill

Meeting report

The Chairperson formally opened the meeting by extending a word of welcome to all attendees. He noted that it was the meeting of the Select Committee on Transport, Public Service and Administration, Public Works, and Infrastructure. He mentioned that the agenda for the day included consideration of the final mandates from provinces on the Railway Safety Bill [B7B – 2021]. He explained that the Bill aimed to regulate railway safety in the country, ensure the continued existence of the railway safety regulator, provide for the governance structures of the regulator, allow for new safety purposes, and establish railway safety critical crates. He emphasised that this was the main focus of the Bill under discussion.

He added that it would be important to gauge the provinces' appreciation in terms of their mandating procedures and understand their perspectives. He also asked to check if there were any apologies to note.

The Committee Secretary then greeted all attendees and informed the Committee that there were no apologies, and he confirmed that five provinces were represented in the meeting, which was the required number for the meeting to proceed. The represented provinces included the Eastern Cape, Free State; Limpopo; Mpumalanga; Gauteng; and KwaZulu-Natal.

Provinces’ Final Mandates on Railway Safety Bill [B7B -2021]

Eastern Cape

Mr M Rayi (ANC, Eastern Cape) proceeded to provide the necessary information. He conveyed greetings to all Members and staff of Parliament. He mentioned that the final mandate from the Eastern Cape Provincial Legislature, endorsed by the Office of the Speaker, was forwarded to the Chairperson of the National Council of Provinces regarding the Railway Safety Bill, identified as Bill B7B-2021. He noted that the deliberation date was 7 May 2024, and the Provincial Legislature voted in favour of the Bill.

Free State

Ms M Moshodi (ANC, Free State) proceeded to provide the information regarding the Free State Legislature's final voting mandate on the Railway Safety Bill [B7B-2021]. She stated that the Free State Legislature voted in favour of the Bill during the deliberation on 7 May 2024, as signed by the Speaker of the Legislature.

Gauteng

The representative for Gauteng proceeded to present the final voting mandate. They stated that the Gauteng Provincial Legislature supported both the principles and details of the Railway Safety Bill [B7B-2021]. Consequently, they voted in favour of the Bill during the deliberation on 7 May 2024. The endorsement was signed by the Speaker of the Gauteng Legislature.

KwaZulu-Natal

Mr T Brauteseth (DA, KZN) stated that the KZN Legislature convened on Tuesday, 7 May 2024, and agreed to mandate the KZN delegation to the National Council of Provinces to support the Bill. He confirmed that the endorsement was signed by the Speaker of the Legislature, on 7 May 2024.

Limpopo

Ms M Mamaregane (ANC, Limpopo) proceeded to provide information about Limpopo's final mandate. She stated that it was sent to the Chairperson of the NCOP, Mr Amos Masondo. The Bill in question was the Railway Safety Bill, identified as B7B 2021, and the deliberation took place on 7 May 2024. The province voted in favour of the Bill.

Mpumalanga

Ms S Boshoff (DA, Mpumalanga) addressed the Chairperson of the NCOP, mentioning that the Bill under discussion was the Railway Safety Bill, identified as B7B-2021, and the deliberation occurred on 7 May 2024 – where the permanent delegate to the National Council of Provinces was mandated to vote in favour of the Bill. The mandate was signed by the Speaker of the Mpumalanga Provincial Legislature, and dated 7 May 2024.

Northern Cape, North West and Western Cape

The Chairperson, Mr M Mmoiemang (ANC, Northern Cape), proceeded to address the Northern Cape's final mandate. He provided the details. The mandate was directed to the Chairperson of the National Council of Provinces. The Bill discussed was the Railway Safety Bill, identified as B7B-2021. The deliberation took place on 6 May 2024, and the Legislature supported the Bill, as signed by the Speaker of the Northern Cape Provincial Legislature. 

He then transitioned to discussing the North West's final mandate, directed to the Chairperson of the National Council of Provinces, Mr Masondo. The Bill in question was the Railway Safety Amendment Bill, identified as B7B of 2021. The North West Provincial Legislature voted in favour of the Bill, as indicated in the mandate signed by the Speaker of the North West Provincial Legislature on 7 May 2024.

Moving on to the Western Cape, he said the Bill discussed was the Railway Safety Bill, identified as B7B of 2021. The deliberation occurred on 7 May 2024, and the Western Cape Provincial Parliament authorised its delegate to support the Bill, as signed by the Speaker of the Western Cape Provincial Legislature on the same date.

The Chairperson noted that these mandates reflected a consensus from the provinces to vote in favour of the Bill. With this, he suggested proceeding to deal with the report.

Report of the Select Committee on Transport, Public Service and Administration, Public Works and Infrastructure on the Railway Safety Bill [B7B—2021] (National Assembly – Sec 76), dated 8 May 2024

Dr Anneke Clark, Committee Content Advisor, relayed the summary of the report on the Railway Safety Bill [B7B—2021]. The Bill, aimed at regulating railway safety, had undergone thorough scrutiny. The Select Committee had advertised for written submissions and heard oral presentations, including responses from the Department of Transport and various stakeholders such as the Concerned Engineers Group and trade unions. Written submissions were also received from the Western Cape Government Department of Mobility and individual contributors. After considering provincial mandates, all nine provinces expressed support for the Bill. Consequently, the Select Committee, after deliberation, agreed to endorse the Railway Safety Bill [B7B—2021].

Mr Rayi expressed his gratitude for the report, indicating his satisfaction with it overall. However, he suggested that adoption could proceed contingent upon the inclusion of stakeholders who made submissions. He specifically requested the inclusion of the names of these stakeholders before finalisation.

Voting in favour of the report with amendment:  Eastern Cape, Free State, Gauteng, Limpopo, KwaZulu-Natal, Mpumalanga and Northern Cape

In total, seven provinces supported the report.

There were no provinces abstaining or voting against the report.

https://pmg.org.za/tabled-committee-report/5826/

The Chairperson expressed gratitude for the overwhelming support for the report, indicating readiness to recommend the Bill to plenary for adoption. He thanked the Members for their commitment and acknowledged the support from parliamentary legal services, the state law advisor, departmental staff, and parliamentary officials. He also appreciated the dedication of the Members throughout the Bill's proceedings.

Committee Minutes

Minutes dated 07 May 2024

Ms S Boshoff (DA, Mpumalanga) brought to attention a typographical error in the minutes regarding her initials, clarifying that she is Ms HS Boshoff, not Ms MS Boshoff.

The Chairperson acknowledged the error and requested the Committee Secretary to make the necessary correction.

Following this, Ms Mamaregane proposed the adoption of the amended minutes, which Ms Moshodi seconded.

The minutes were then adopted with the corrections.

Closing remarks

The Chairperson expressed gratitude to the Members and esteemed participants of the Committee for their ongoing support. He acknowledged the assistance from legal advisors, state advisors, parliamentary legal advisors, and the Committee's own team. He also thanked the media for ensuring transparency by broadcasting the proceedings to the public. With appreciation conveyed, the meeting was adjourned.