Deliberations on the Railway Safety Bill

Meeting report

The Chairperson welcomed the Committee Members and Department of Transport officials to the meeting.
An apology was shared on behalf of Mr C Hunsinger (DA).

Ms Valerie Carelse, Committee Secretary, indicated that no other apologies had been received, and said that only four Committee Members were in attendance. If the Committee was going to agree on the clauses of the Bill, six Members were needed for a quorum.

The Chairperson responded that the Committee was currently not busy with this process. It had agreed in principle that the Committee would hear the summaries of the clauses and any comments made. Following this process, Members would be allowed to review the clauses with their political parties and then once they returned to the Committee, the Bill would be adopted. The current process did not intend to adopt the Bill or clauses.

Ms L Tito (EFF) agreed that the Committee was meant to go through the Bill and then, at a later stage, would reconvene as political parties on whether Member agreed to adopt the Bill, or not.

She said that Ms N Nolutshungu (EFF) was trying to join the virtual meeting, but was experiencing technical difficulties.

Ms F Khumalo (ANC) agreed with the principle shared by the Chairperson regarding the current process.

The Chairperson said the meeting would proceed with the clause-by-clause deliberation, beginning at Clause 45.

Adv Alma Nel, Committee Content Advisor, provided a summary of the clauses, and invited Members to make an input.

Deliberations on the Railway Safety Bill [B7-2021]

Clause 45
The Committee accepted Clause 45.

Clause 46, amending Section 34 of the Act

The Committee accepted Clause 46.

Clause 47
Mr Sithole referred to Clause 47(1), (2) and (3) and the use of ‘threat’. He asked if there was another word that could be used.

Adv Nel said that the use of ‘threat’ was acceptable. ‘Threat’ had been used in the Act. She asked the Department to clarify the issue.

Mr Ngwako Makaepea, Deputy Director-General: Rail Transport, Department of Transport (DOT), said that the Department was aligned with what had been said. The use of ‘threat’ was relevant in the context -- in terms of threats to railway safety operations. He noted that ‘threat’ had been used in the Act and would continue to be used. The Department would be open to using another word if one were suggested.

The Chairperson encouraged Members to think of an alternative word that could be used. She said that it would affect the Act, and indicated that this issue would be relooked at in the next process.

The Committee accepted Clause 47.

Clause 48 amending Section 37 of the Act
The Committee accepted Clause 48.

Clause 49 amending Section 37 of the Act
The Committee accepted Clause 49.

Clause 50 amending Section 38 of the Act
The Committee accepted Clause 50.

Clause 51
The Committee accepted Clause 51.

Clause 52 amending Section 38 of the Act
The Committee accepted Clause 52.

Clause 53
The Committee accepted Clause 53.

Clause 54 amending Section 43 of the Act
The Committee accepted Clause 54.

Clause 55 amending Section 44 of the Act
The Committee accepted Clause 55.

Clause 56
The Committee accepted Clause 56.

Clause 57 amending Section 45 and 45A of the Act
The Committee accepted Clause 57

Clause 58 amending Section 48 of the Act
The Committee accepted Clause 58.

Clause 59 amending Section 49 of the Act.
The Committee accepted Clause 59.

Clause 60 amending Sections 46 and 47 of the Act
The Committee accepted Clause 60.

Clause 61 amending Section 50 of the Act
The Committee accepted Clause 61.
 
Clause 62 amending Section 30 of the Act
The Committee accepted Clause 62.

Clause 63 amending Section 31 of the Act
The Committee accepted Clause 63.

Clause 64 amending Section 42 of the Act
The Committee accepted Clause 64.

Clause 65 amending Section 37-38 of the Act
The Committee accepted Clause 65.

Clause 66 amending Section 23(2) of the Act
The Committee accepted Clause 66.

Clause 67 amending Section 45A of the Amended Act
The Committee accepted Clause 67.

Clause 68
The Committee accepted Clause 68.

Clause 69
The Committee accepted Clause 69.

Clause 70
The Committee accepted Clause 70.

Clause 71
The Committee accepted Clause 71.

Adv Nel indicated that Clause 71 was the last clause of the Bill.

Closing remarks

The Chairperson thanked Adv Nel for her work in presenting and summarising the Bill and the submissions for the Committee.

She repeated that a quorum was not necessary for the process. She urged Members to engage with their respective political parties so that it could be finalised when the Committee next engaged on the Bill. When making submissions, she encouraged them to indicate points of agreement and disagreement regarding any of the clauses and any concerns raised in the public participation process. The submission should be made to Adv Nel through the Committee Secretary. This would allow Adv Nel to construct a matrix of the Members' submissions.

The Chairperson suggested that Mr Sithole, as a representative of the ‘smaller’ parties, engage with these parties to obtain their submissions or input on the Bill.

She requested that Members make their submissions as soon as possible so that when the Committee convened again, it would be clear what sections needed to be focused on. They could invite Adv Nel, the Content Advisor, to assist them in presenting and explaining the Bill to the political parties.

Committee matters

The Chairperson said that consideration of the minutes would stand over to the next day’s meeting. A quorum was needed to adopt the minutes.

The item concerning the Bill would not reflect in the next day’s meeting agenda.

She encouraged all Members to attend the meeting on Wednesday, 21 June. If the adoption of the Committee’s report was delayed, the adoption of the Bill might remain below the line in terms of the National Assembly Rules to be dealt with by the next administration. It would be wasteful to have engaged and made input on the Bill, for it to remain below the line and not be adopted. The Committee Secretary would communicate with Members regarding Wednesday’s meeting.

The Committee Secretary said that the link for Wednesday’s meeting would be sent out as soon as possible.

The Chairperson thanked the Department for engaging, and invited DOT officials to join the virtual meeting on Wednesday.

She acknowledged that the meeting had occurred during the constituency period, and thanked the Members for attending.

The meeting was adjourned.