National Railway Safety Regulatory Bill Amendments

NCOP Public Services

09 May 2002
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Meeting report

JOINT STANDING COMMITTEE ON DEFENCE

PUBLIC SERVICES SELECT COMMITTEE
10 May, 2002
NATIONAL RAILWAY SAFETY REGULATION BILL AMENDMENTS


Document Handed out:
National Railway Safety Regulation Bill [B7B-2002]
Amendments to the Bill (See Appendix)
Metrorail Powerpoint Presentation
Funding Presentation by Metrorail

Chairperson: Ms P Majodina

SUMMARY
The Committee unanimously passed the National Railway Safety Regulation Bill with minor amendments.

Metrorail briefed the Committee and the following matters were discussed. The shortcomings in the rail infrastructure caused by problems with rail safety and security, problems with the current institutional arrangement and plans to address this issue and strategies to ensure Metrorail's financial survival in view of its current budgetary shortage. They also raised the need for a paradigm shift to address current problems, and the need for institutional coherence to achieve its objectives.

MINUTES
The Chair asked the Department to address the meeting on the amendments it has introduced to the Bill.

Amendments to National Railway Safety Regulator Bill [B7B-2002]
Mr Panzera, head of task group with the Department read out the amendments to the Bill.

Please refer to Appendix 1.

The Chair read the motion of desirability and called on members to table their final mandates for formal voting on the Bill.

Mr Sogoni (ANC) said that the Gauteng Province supported the Bill in its entirety only that the issue of women's empowerment needs to be factored somewhere in the Bill

The Chair replied that it was the duty of the NCOP and the Portfolio Committees to ensure that government policy on gender equality was being implemented.

Rev Chabaku (ANC) presented the mandate for the Free State, which was in support of the Bill.

Mr Windudel (ANC) said that Mpumalanga Province supports the Bill

Mr Raju (DP) said that Kwazulu-Natal Province supports the Bill with the amendments

Mr Sulliman (ANC) said that the Northern Cape would pass the Bill with the amendments

The North-West Province supports the Bill with the amendments

Ms Versfeld (DP) said that the Western Cape supports the Bill with the amendments

The Chair said the Eastern Cape and the Limpopo Provinces were not represented but that they all had submitted their respective mandates in support the Bill.

The Chair then read the Motion to unanimously pass the Bill, which was seconded by Mr. Sogoni (ANC) and duly passed.

The Chair informed members that she anticipated debate on the Bill to take place next Tuesday the 14 May 2002 but promised to confirm the position to members in due course.

Metrorail
Mr Honey Mateya, Chief Executive Officer of Metrorail, said that the presentation would deal primarily with the means by which rail safety and security could be improved via advances in rail infrastructure. The need for institutional reform to catch-up with the financial backlog in the South African rail system would also be outlined.

The presentation dealt with the funding and budget of Metrorail; the major challenges facing Metrorail posed by aging and outdated infrastructure, inefficient land use, public safety and outdated technology; the institutional arrangement and future projections for Metrorail.

Ms Lauriette Modipane, Metrorail Finance Executive, detailed Metrorail's financial and budgetary framework and highlighted the fare revenue and expenses incurred subsidies procured and Metrorail operational expenses.

Discussion
PMG did not minute the questions raised by Committee members.

Appendix 1
Select Committee Amendments to National Railway Safety Regulator Bill
[B7B-2002]


Clause 1
On page 5, in lines 17 and 18, to delete "in terms of section 7(1)(j) of this Act"

On page 5, in line 51, to omit "(j)" to insert "(d)"

Clause 6: on page 8, in line 3, after "; " to insert "and"

Clause 7: clause rejected

Clause 7: (1) and (2): A whole new clause was created dealing with the responsibilities of the Regulator for the purpose of achieving its objects in terms of section 5

Clause 8: on page 9, in line 18 to omit "answerable" and to insert "accountable"

Clause 8: in line 28, after "officer", to insert "as an ex officio member",

Clause 10: on page 11, in line 15, after " ; " to insert "and"

Clause 11: on page 11, in line 26, to omit "33" to insert "32"

Clause 11: in line 27, to omit "39(2)" to insert "38(2)"

Clause 11, in line 34, after "(3)" to insert "(b)"

Clause 11: on page 11, in line 38, after "; " to insert "or"

Clause 17: on page 12, in line 57, to omit "23", to insert "23(2)"

Clause 19: on page 13, in line 27, to omit "Minster", to insert "Minister"

Clause 19: on page 13, from line 27 to 28 to omit "contemplated in section 54(3)", to insert "made in terms of this Act"

Clause 23: on page 14, in line 12, to delete "be"

Clause 28: on page 15, in line 33, after "; " to insert "and"

Clause 31: on page 16, in line 20, after "Minister" to insert "after consultation with the relevant o5rgans of state or any other affected party".

Clause 31: on page 16, from line 25 to 26, to delete, "in consultation with the Minister of Land Affairs".

Clause 32: on page 16, in line 47, to omit "34" to insert "33"

Clause 33: on page 17, in line 15, to omit "33(2)" to insert "32(2)"

Clause 34: on page 17, in line 18, to omit "34(4), to insert "33(1)"

Clause 41: on page 18, in line 44, to omit "on" to insert "and must be"

Clause 44: on page 19, in line 17, after "against" to omit "of "

Clause 45: on page 19, in line 34, to omit "37" to insert "36"

Clause 47: on page 20, in line 7, to omit "49" to insert "46"

Clause 47: on page 20, in line 9, to omit "49" to insert "46"

Clause 49: on page 20, in line 18, to omit "directed" to insert "juristic person"

Clause 49: on page 20, in line 19, after "directed" to insert", trustee or member"

Clause 56: on page 21, in line 46, after "delegation" to insert "and assignment"

Clause 60: on page 23, in line 2, after "4" to insert "to Schedule 1"

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