Questions and Replies

16 April 2019 - NW779

Profile picture: De Freitas, Mr MS

De Freitas, Mr MS to ask the Minister of Transport

With reference to the compensation of rail crash victims and their families (a) in the past three financial years and (b) since 1 January 2019, (i) what amount in compensation has been paid to rail crash victims and their families in each month of the specified period and (ii) how are the compensation amounts calculated?

Reply:

A) Rail crash victims:

Date

Description

Injuries

Fatalities

2016/2017

2016/06/23

Merebank Head On Collision

165

0

2016/10/29

Kaalfontein Head On Collision

242

1

2017/02/20

Lynross Head On Collision

214

0

Total

 

621

1

2017/2018

2017/06/01

Elandsfontein Side Collision

152

1

201/01/09

Geldenhuys Rear End Collision

226

0

Total

 

378

1

2018/2019

2018/09/04

Booysens Head On Collision

112

0

2018/10/04

Van Riebeck Rear End Collision

320

0

2019/01/08

Mountain View Rear End Collision

817

3

Total

 

1,249

4

B) See table in (a).

(i) Compensation paid to crash victims and their families:

(II) The primary goal of the courts in enforcing commuters’ common law claims for damages caused, once liability of the rail agency has been established, is to compensate the person who has suffered harm. The courts function under this delictual action is to restore the claimants’ position, as far as is possible, to the position that they would have occupied had the wrongful act not been committed.

Money is considered the most appropriate form of compensation, for both patrimonial loss (including medical costs, loss of income, cost of repairs, which fall under the heading of special damages) or non-patrimonial loss (including pain and suffering, disfigurement, loss of amenities and injury to personality, which fall under the heading of general damages).

The quantification of the exact compensation to be made to a claimant is determined by the production of sufficient evidence to make an accurate assessment. The courts will not make arbitrary awards if sufficient evidence is not led as to how the quantification of the claimants’ damages were exactly computed.

The process of compensation is determined by medico-legal evaluation of the Plaintiff. The purpose of medico-legal evaluation is to determine the following:

  1. The exact nature of the claimant’s injuries;
  2. The extent and severity of the claimant’s injuries;
  3. The sequelae and/or consequences that flow from the claimant’s injuries.

The medico-legal evaluations are carried out by medical professionals that specifically specialise in the field of personal injury litigation.

In personal injury matters against the rail agency litigants claim mainly the following heads of damages:

  1. Past Medical Expenses;
  2. Future medical expenses;
  3. Loss of Earnings and/or Earning Capacity;
  4. General damages.

A due diligence exercise on matters settled above R150,000-00 between 2006 and 2016 revealed that a sizeable amount of expenses are paid towards future medical expenses.

Once the medico-legal evaluation of the claimant has been completed, and the impact of the injuries on him has been assessed, the determination of the exact compensation due to him must be made.

In the case of past medical expenses specified medical vouchers delineating the exact nature of the medical treatment received, as well as showing that such medical treatment is accident related, must be provided.

Due to the once and for all rule in our common law of delict, all damages including potential future damages, sustained by the claimant must be calculated at the time the matter is settled. The future medical treatment required by the claimant as well as his loss of earnings and/or earning capacity must be calculated. This calculation is done by actuarial scientists who take into consideration factors such as medical inflation, earnings inflation, other applicable contingency deductions, life expectancy tables, etc.

General damages awards are awards made for the pain and suffering, loss of amenities, etc. that the claimant has suffered. These awards are made on the precedents set by awards handed down by the courts in previous cases. The courts make their award in the matter before them based on facts and circumstances that are considered analogous to the previous cases. All of the above is available for guidance and direction in the annually published Robert J Kock Quantum Year Book that is widely accepted as the general guide in claims settlement by the legal fraternity including the courts.

16 April 2019 - NW181

Profile picture: Hunsinger, Mr CH

Hunsinger, Mr CH to ask the Minister of Transport

(1)(a) What is the total number of arrests that were made by the Rail Enforcement Unit of the City of Cape Town (i) in each of the past five financial years and (ii) since 1 April 2018 and (b) for what crime was each individual arrested; (2) will this rail safety model be rolled out to other provinces; if not, what is the position in this regard; if so, what are the relevant details?

Reply:

1. (a) (i) The Rail Enforcement unit was launched on the 27th October 2018 and has made 104 arrests since then till 31 March 2019.

(ii) See (i) above.

(b) Please refer to Annexure attached from Safety and Security Law Enforcement Services of the City of Cape Town for what crime was each individual arrested.

2. The rail enforcement unit is a jointly established and funded law enforcement pilot project for a period of 1 year between PRASA, Western Cape Department of Transport and the City of Cape Town. The agreement between the parties and the performance oversight is managed by the Rail Management Transport Task Team (RMTTT). This structure is constituted by core members that includes parties (PRASA, Western Cape Department of Transport and the City of Cape Town) to the collaborative agreement and the National Department of Transport. The RMTTT is chaired by the MEC for the Western Cape Department of Transport.

The success and effectiveness of the project will be evaluated by the RMTTT and a final decision to continue with the project will be made at the end of the 3rd quarter performance review and based on the funding availability and agreement by all three parties.

The decision to roll out of the project to other provinces is a decision that will be evaluated between PRASA and the respective local transport authorities and the provincial transport authorities based on the lessons learnt from Cape Town.

11 April 2019 - NW786

Profile picture: Matsepe, Mr CD

Matsepe, Mr CD to ask the Minister of Transport

Whether, with reference to aircraft model Boeing 737 MAX 8 which crashed this month in Ethiopia and over the Java Sea in October 2018, (a) the SA Civil Aviation Authority is undertaking an audit of all aircraft of this model landing and departing any airports in the country, (b) what (i) is being done in this regard taking the recent two crashes into account and (ii) investigations are undertaken and (c) on what date will the results of such investigations be made available?

Reply:

South African Civil Aviation Authority (SACAA)

The South African Civil Aviation Authority (a) identified one operator, namely Comair that currently has one (1) Boeing 737 MAX 8 aircraft in its fleet and the second aircraft was yet to be delivered when the accident occurred. Only one foreign operator used and flew this aircraft model into South Africa, namely Ethiopian Airlines.

(b) (i) the SACAA engaged Comair following the Ethiopian airline crash and the operator voluntarily grounded its affected aircraft. Ethiopian airlines also voluntarily grounded its Boeing 737 MAX 8 fleet. Ordinarily, the Department of Transport issues a Foreign Operator Permit, on recommendation of the SACAA, to all foreign airlines intending to fly into South Africa and through this mechanism, the Authority would know the model of aircraft intended to be flown into the country and would implement and enforce any existing national or adopted airworthiness directives, etc. It is important to note that with regards to this matter, the State of design and manufacturing, i.e. the Federal Aviation Administration (FAA), has subsequently issued a directive grounding all Boeing 737 MAX 8 & 9 aircraft globally until further notice.

(ii) currently no investigations are being conducted by RSA’s Aircraft and Incident Investigation Division because South Africa is not the State of Occurrence or Registry of the two accidents; RSA suffered no fatalities in the two accidents and RSA has not yet been requested to participate or assist in the investigation.

(c) N/A

10 April 2019 - NW431

Profile picture: De Freitas, Mr MS

De Freitas, Mr MS to ask the Minister of Transport

(1)What are the (a) details of litigation that has taken place in which (i) his department and (ii) entities reporting to him were party to in the past 12 months, and (b) reasons in each case; (2) (a) what was the outcome of litigation in each case and (b)(i) which matters are outstanding and (ii) why in each case; (3) (a) what are the cost implications of each litigation case and (b) why in each case?

Reply:

Department

(1) (i)

MATTERS

(a)

DETAILS

(2) (a) OUTCOME

(b) (i) (ii)

OUTSTANDING

3 (a) (b)

COST IMPLICATIONS

DOT/Bowman /Ngidi and Morar

Proceedings to recover amounts paid to consultants without following procurement procedures

Settled

 

R448 121.15

Legal costs

Tasima/ DOT, RTMC

Application by Tasima to enforce payment of R30 million for services rendered on the eNatis. Constitutional Court ruled against Tasima

In favour

 

R691 050.00

Legal costs

Athol Terence Baikie / Minister of Transport

Application to court to have SANRAL pay R12 million for an expropriation of land by the Minister in favour of SANRAL for extension of the N3

 

Not finalized

No costs as yet

Central African Road Services / Minister of Transport and CBRTA

Review application to set aside the promulgations of the 2014 permit tariffs

In favour

 

No costs as yet

Road Freight Association / Minister of Transport and CBRTA

Review application to set aside the promulgations of the 2014 permit tariffs

 

Not finalized

No costs as yet

Reinford Sinegugu Zukulu & others / SANRAL, Minister of Transport, Minister of Environmental Affairs

Challenge on the environmental authorisations granted by DEA for the construction of the N2 in the Wildcoast

 

Not finalized

No costs as yet

Siyakhuphuka Investments / Minister of Transport and Department of Public Enterprises

Siyakhuphuka challenging the Minister of DPE on failure to incorporate the National Ports Authority as a company and Transnet as a sole member and shareholder. Minister of Transport on failure to ensure incorporation

 

Not finalized

R37 620.00

Legal costs

Jamela Norah Khoza

RAF : Claimants challenging the constitutionality of the abolition of the common law right to claim general damages from the wrong doer – all injured in a road accident and cannot claim from RAF as their injuries fall under non serious

 

Not finalized

no costs as yet

DOT/Thwala

Disciplinary proceedings on the unlawful extension of the eNatis contract. Found guilty and has brought a review application to the labour court

 

Not finalized

R518 818.00

Legal costs

Nqobile Precious Fakude

RAF : Claimants challenging the constitutionality of the abolition of the common law right to claim general damages from the wrong doer – all injured in a road accident and cannot claim from RAF as their injuries fall under non serious

 

Not finalized

no costs as yet

JV Ndorum/ Minister of Transport, Finance, Defence, Transport Eastern Cape

Summons by JV Ndorum for payment of extra works conducted at the Mthatha Airport

 

Not finalized

R82 512.50

Legal costs

Nomusa Maeko / Department of Transport

Alleged unfair labour practice for non appointment to the position of Chief Director International relations

 

Not finalized

R52 500.00

Legal costs

Levers Mabaso/DOT

Application to set aside the process followed in appointing the Chief Director : Legal Services

In favour

 

R29 070.00

Legal costs

Marine Court of enquiry, Haartebeespoort dam

Marine Court of enquiry on the sinking of a boat at the Haartbespoort Dam that led to loss of lives

In favour

 

R653 200.00

Legal costs

PSA obo H. Sayd / Department of

Transport

Labour dispute over a written warning given to employee on gross insubordination. An award granted in favour of the employee has been rescinded.

 

Not finalized

R25 375.00

Legal costs

#Unite Behind and Equal Education / Minister of Transport and PRASA

Application to set aside the decision of the Minister to appoint an interim Board of PRASA

Settled

 

R16 800.00

Legal costs

Selepe / DOT

 

Application to set aside the decision of the Minister not to confirm the probation period of Mr Selepe

Settled

 

R432 345.00

Legal costs

P. Sekhula & others / Minister of Transport

Urgent application to set aside decision to appoint new members of the international air services licensing council. Urgent application dismissed with costs.

infavour

 

R64 170.00

Legal costs

African Harvest / Minister of Transport and ACSA

Application to compel the Minister of Transport and ACSA to purchase the shares of the minority shareholders in ACSA

 

Not finalized

No costs as yet

Brackenfell Trailer Hire / Minister of Transport

Challenging the presumption in the National Road Traffic Act about the owner of the driver of a motor vehicle and also constitutionality of prosecutions based on the presumptions

 

Not finalized

No costs as yet

Ramahuma Mmaphila Caiphus / Minister of Police and Minister of Transport

Summons for alleged unlawful arrest by traffic officers and detention by police, claiming R500 000

 

Not finalized

No costs as yet

PRIVISOL and others / SANRAL, Minister of Transport, Minister of Environmental Affairs and others

Summons by SANRAL for non payment of e-tolls by privisol and others

 

Not finalized

No costs as yet

Gakona Properties / SANRAL and Minister of Transport

Summons for payment of the amount of R12,287,254 for land expropriated on behalf of SANRAL.

 

 

Not finalized

No costs as yet

Nkululeko Poya / Minister of Transport and RSR

Urgent application at the Labour Court to set aside disciplinary proceedings for alleged lack of powers of the Board of RSR

In favour

 

R87 643.80

Legal costs

 

Air Traffic and Navigation Services SOC Limited (ATNS)

(1)(i) Urgent Application for dismissal /Interdict of Internal Disciplinary Process.

(ii) Review the decision of the board to remove CFO as the Board Director of ATNS.

(iii) Review Application to interdict the disciplinary hearing and appointment of the Chairperson of the Hearing.

(iv) Review Application of the CCMA Arbitration ruling in relation to ATA theft of assessment papers

(v) Application in terms of Promotion of Administrative Justice Act (“PAJA”).

(ii) We have had 5 litigation matters in the past 12 months

(b) The matter has been defended in each case on behalf of ATNS

2. (a) what was the outcome of litigation in each case and (b)(i) which matters are outstanding

  • Labour Court – pending / ongoing
  • High Court – withdrawn with costs in favour of ATNS
  • Labour Court- pending / ongoing
  • Labour Court - pending / ongoing
  • High Court – pending / ongoing

(b)(ii) The matters are being defended on behalf of ATNS and Counsel has been briefed in all matters.

(3)(a)

Labour Court

High Court

Cost Implication

1

 

R 312,115.20

 

1

R 327 269.21

1

 

R 131 250.00

1

 

R 131 387.50

 

1

R40 380.00

(b) Defending litigation matters on behalf of ATNS.

(ii) The Cross-Border Road Transport Agency - Details of litigation that has taken place in the past 12 months

TABLE: 1

1(ii)

Commencement date

1(a)

Title of the Matter

1(b)

Fact of the Matter

(2)

Status

3(a)

Cost

3(b)

Cost-Driver Reason

14 September 2014

(carried over from previous financial year)

Central African Road Services //Minister of Transport, C-BRTA

Review application to review the legislative process followed regarding promulgation of the 2014 Permit Tariffs.

Matter dismissed, each party to pay its costs

R 1, 096, 813

Legal costs including fees

16 April 2014 (carried over from previous financial year)

Road Freight Association //Minister of Transport and C-BRTA

Review application to review the legislative process followed with regard to promulgation of the 2014 Permit Tariffs.

Dormant

R 1, 049, 736

Legal costs including fees

16 April 2014

(carried over from previous financial year)

Dermit O Brein // C-BRTA

Court Applicant claim for unlawful arrest.

Dormant

R0,00

No cost claimed

10 September 2016

(carried over from previous financial year)

C-BRTA // Shavana Ni Vukosi Trading and Projects (PTY) LTD

Recovery of monies from a service provider that failed to deliver all the stationary that was ordered by the Agency.

At a level of consultation with the State Attorney

R0,00

No cost claimed

10 June 2015

(carried over from previous financial year)

Employee // C-BRTA

Claim for defamation of character, the applicant claims she was wrongfully accused, for stealing the amount of R1000-00.

A pretrial consultation was held in January 2019

R 143,109

Legal costs including fees

25 June 2015

(carried over from previous financial year)

Manyatseng, Ficksburg, Borolelo-Trans Free State // C-BRTA

Review and setting aside of Regulatory Committee decision to issue cross-border permits to operate from South Africa to the Kingdom of Lesotho be reviewed and set aside.

Dormant

R 57, 547

Legal costs including fees

April 2017

(carried over from the previous financial year)

JJ Trauernicht, Amos Lelope

Application for damages and injuries following collision with Road Transport Inspector.

Awaiting a trial date

R 168, 859

Legal costs including fees

19 November 2018

Employee // C-BRTA

The applicant has lodged a salary disparity grievance.

The statement of case was prepared and filed

R0,00

No cost claimed

August 2018

C-BRTA // Boshielo

Review and setting aside of the CCMA decision to start the recruit process de-nova regarding a post that the respondent applied however was unsuccessful.

CCMA has filed the record however it is not complete; a complete record has been requested.

R 103, 700

Legal costs including fees

(ii) Road Accident Fund (RAF)

Table: 2

(1)(ii)(a) the details of which are,

and, (b) the reason in each case is,

(2)(a) the outcome of litigation in each case was,

(b)(i) the following matters are still outstanding,

(ii) because,

(3)(a) the cost implications in each case are,

(b) because,

Employee Relation Unit

RAF vs Nonjongo

RAF took the decision of the CCMA in relation to unfair dismissal on review

ongoing

refer to the response in respect of paragraph (2)(a)

awaiting court hearing date

salary from date of dismissal to date of judgment

the Labour Court may find for the employee

Gcanabana vs RAF

employee took the decision of the CCMA in relation to unfair dismissal on review

ongoing

refer to the response in respect of paragraph (2)(a)

awaiting court hearing date

salary from date of dismissal to date of judgment

the Labour Court may find for the employee

Matodzi vs RAF

RAF took the decision of the CCMA in relation to constructive dismissal on review

finalised in favour of the RAF

refer to the response in respect of paragraph (2)(a)

judgment delivered

None

review application was dismissed with costs in favour of the RAF

Mahlangu vs RAF

employee took the decision of the CCMA in relation to unfair dismissal on review

finalised in favour of the RAF

refer to the response in respect of paragraph (2)(a)

judgment delivered

none

review application was dismissed with costs in favour of the RAF

Corporate Secretariat

Dr. T Kommal vs the Chairperson of the Board of the RAF

dispute related to governance

settlement of the dispute is being considered

refer to the response in respect of paragraph (2)(a)

settlement of the dispute is being considered

the dispute does not relate to a capital award

the dispute relates to governance

Legal Unit

MTF Consultants (Pty) Ltd v RAF

contractual dispute

finalised

refer to the response in respect of paragraph (2)(a)

judgment delivered

R2 905 986.00

R2 714 943.22 plus interest at 9% was awarded

Mohlala Attorneys v RAF

contractual dispute

litigation pending

refer to the response in respect of paragraph (2)(a)

awaiting court hearing date

none

application for review

Caveonet (Pty) Ltd v RAF

Commission of Enquiry in terms of section 417 and 418(a) of the Companies Act, No. 71 of 2008 (liquidation)

finalised

refer to the response in respect of paragraph (2)(a)

Commission of Enquiry withdrawn

none

declaratory order

Anne Jamotte v Hogan Lovells Attorneys and RAF

outstanding payments

finalised

refer to the response in respect of paragraph (2)(a)

settlement was reached

R1 873 632.90

as per settlement

Frans Schutte and Matthews Phosa Attorneys v RAF

outstanding payments

finalised

refer to the response in respect of paragraph (2)(a)

settlement was reached

R48 256 939.

as per settlement

Mac Ndhlovu Inc v RAF

contractual dispute

litigation pending

refer to the response in respect of paragraph (2)(a)

pleadings stage

none

declaratory order

JS Thokoane and 20 Others v RAF and NPA

contractual dispute

finalised

refer to the response in respect of paragraph (2)(a)

judgment delivered

none

declaratory order

ML Hlakola vs Acting Chief Executive Officer and RAF

outstanding payments

finalised

refer to the response in respect of paragraph (2)(a)

settlement was reached

R1 287 350.00

as per settlement

LS Sambo vs Acting Chief Executive Officer and RAF

outstanding payments

finalised

refer to the response in respect of paragraph (2)(a)

settlement was reached

R980 617.95

as per settlement

Thusanang Enabling Support Services (Pty) Ltd v RAF

outstanding payments

finalised

refer to the response in respect of paragraph (2)(a)

summons withdrawn

none

legal action has been withdrawn

ES Mawai v RAF and 2 Others

subpoena served on the Acting Chief Executive Officer

finalised

refer to the response in respect of paragraph (2)(a)

subpoena withdrawn

none

declaratory order

NP Fakude and 46 Others v RAF and Minister of Transport

constitutionality of certain provisions within the Road Accident Fund Act, No. 56 of 1996 and its Regulations

litigation pending

refer to the response in respect of paragraph (2)(a)

awaiting court hearing date

none

declaratory order

Ntuli Pretty Rose Jabu obo Minors and 14 Others

appointment of curators

finalised

refer to the response in respect of paragraph (2)(a)

judgment delivered

none

declaratory order

JM Makuwe v RAF and Acting Chief Executive Officer

request in terms of the Promotion of Access to Information Act, No. 2 of 2000

finalised

refer to the response in respect of paragraph (2)(a)

settlement was reached

none

declaratory order

V G Martin obo TND v RAF and the Minister of Transport

constitutionality of certain provisions within the Road Accident Fund Act, No. 56 of 1996 and its Regulations

finalised

refer to the response in respect of paragraph (2)(a)

settlement was reached

R 6 400 000.00

as per settlement

Corlia Olivier v RAF

contractual dispute

pending

refer to the response in respect of paragraph (2)(a)

pleadings stage

R 72 417.30

as per amount claimed

Adv. Brain Hitchings NO v RAF, Netcare LTD, and Netcare Hospitals (PTY) LTD

constitutionality of certain provisions within the Road Accident Fund Act, No. 56 of 1996 and its Regulations

finalised

refer to the response in respect of paragraph (2)(a)

settlement was reached

R41 000 000

as per settlement

J Matlala v RAF, Acting Chief Executive Officer and Chief Financial Officer

outstanding payment

finalised

refer to the response in respect of paragraph (2)(a)

settlement was reached

R2 261 8714.83

as per settlement

B Mbalu v RAF

unfair dismissal

litigation pending

refer to the response in respect of paragraph (2)(a)

awaiting court hearing date

None

declaratory order

W J Mkhonza Assessors v RAF

contractual dispute

litigation pending

refer to the response in respect of paragraph (2)(a)

awaiting court hearing date

R 2 298 456

as per amount claimed

Synka Projects (Pty) Ltd v RAF

contractual dispute

litigation pending

refer to the response in respect of paragraph (2)(a)

awaiting court hearing date

R 432 495.80

as per amount claimed

LW Mofokeng v Minister of Transport, HPCSA, RAF and Chairperson of the Appeal Board

constitutionality of certain provisions within the Road Accident Fund Act, No. 56 of 1996 and its Regulations

pending

refer to the response in respect of paragraph (2)(a)

pleadings stage

none

declaratory order

Adv. WS Coughlan No v Minister of Transport, HPCSA, RAF and Chairperson of the Appeal Board

constitutionality of certain provisions within the Road Accident Fund Act, No. 56 of 1996 and its Regulations

finalised

refer to the response in respect of paragraph (2)(a)

settlement was reached

none

declaratory order

Kusini Holdings (Pty) Ltd v RAF

contractual dispute

litigation pending

refer to the response in respect of paragraph (2)(a)

pleadings stage

R16 219 518.75

as per amount claimed

K Malao Inc and KPL Malao v RAF, Acting Chief Executive Officer and 5 Others

defamation

litigation pending

refer to the response in respect of paragraph (2)(a)

pleadings stage

R 3 500 000.00

as per amount claimed

(ii) South African National Roads Agency Limited (SANRAL)

TABLE: 3

Plaintiff

Defendant

Initiation date

Details and status

Outcomes and result

Amount spent from 1 April 2015 to date

Reinford Sinegugu Zukulu

SANRAL

30/03/2010

Wild Coast environmental review application. The defendant finalised and lodged a replying affidavit.

Judgement to be handed down 7 March 2019

R 9 658 071.29

Tau Pele

SANRAL

08/11/2018

This is an application lodged by Tau Pele Construction (Pty) Ltd against SANRAL for the payment of the amount of R36 447 840.08 based on payment certificate 29, and certificate 30 in the amount of R22 652 194.62.

Matter settled by agreement between the parties on 28 February 2019

R 950 000

Mr S Nhlapo

Ms N Modise

23/04/18

Ms Modise (Sanral employee) received summons in her personal capacity due to allegations of unfair treatment of black contractors. Attorneys have been appointed by Sanral to defend Ms Modise because the allegations are as a result of her performing her duties.

A Plea and discovery affidavit have been filed. We are now waiting for a Notice of Set down.

Awaiting trial date in April 2019

R 17 036.33

Quality Plant Hire

SANRAL

10/11/2018

An application has been instituted against SANRAL on the 1st of November 2018 for imposing delay penalties upon Quality Plant Hire were received.

SANRAL has served and filed their answering affidavits and are waiting upon the applicants to reply. In the absence of a reply, SANRAL will file their practice notes heads of arguments after which the matter will be ready for a hearing.

Awaiting court date for hearing

R300 000

ASJV

SANRAL

10/02/2019

ASJV unlawfully terminated FIDIC contract for the construction of the Mtentu Bridge and launched an urgent application against SANRAL in order to interdict the latter from calling upon the performance and retention guarantees – upon acceptance of ASJV’s abandonment of site.

Awaiting judgment pending

Awaiting statements of account

(ii) Road Traffic Management Corporation (RTMC)

TABLE: 4

LITIGATION 2018/2019

REASONS FOR LITIGATION

OUTCOME / OUTSTANDING

REASONS

COST

- Rekwele vs RTMC

Rekwele issued summons to claim purported outstanding costs for rental of vehicles by the RTMC. RTMC defended the matter and filed a special plea. Special plea set down for hearing.

Litigation ongoing

Special Plea to set - down for hearing (awaiting directive from court)

R 408 129.62

- Putcomofami vs RTMC

Service provider issued summons against the RTMC for breach of contract – Repudiation. The RTMC defended the matter and took exeption. Claim abandoned.

Litigation ongoing - Claim abandoned,

RTMC to persue costs

R 133 332.54

  • RTMC vs Telkom

RTMC bring Urgent Application to order Telkom to seize service suspension

Order made in favour of RTMC

Litigation ongoing - Telkom appealed to Supreme Court Of Appeal. Awaiting directive from SCA

R 1 154 331.00

  • JPSA vs Minister of Transport & Others (4 December Answer) (Application)

JPSA brought application to contest AARTO Procedure. RTMC Opposed the application. Application dismissed by court

Application dismissed

Matter closed

R 0 .00

Costs covered by JPSA

- Tasima vs RTMC

Application to enforce Section 197 of Labour Relations Act and Tasima bring several interim order applications. RTMC opposed applications

  • (Steenkamp J ) (LCA)
  • (Rabkin Naicker J)(LCA)
  • (Solejee J)(LCA)
  • (Nkutha – Nkontwana)(LCA)
  • Tasima Petition
  • Tasima Warrant of Execution
  • Servest Landscaping vs Tasima (Joinder)
  • Rohland Industrial Design vs Tasima (Joinder)
  • Labour Appeal Court
  • Section 18(3) Labour Court
  • Section 18(4) Labour Appeal Court
  • Constitutional Court (RTMC)
  • Constitutional Court (Tasima Cross Appeal)

Labour Appeal Court Order appealed by both Parties to the Constitutional Court)

 

Litigation ongoing – Section 18(4) appeal to be heard by Labour Appeal Court and awaiting directive from the Constitutional Court

R 2 948 108.57

- Nkwatsi and Others vs RTMC (Unlawful Arrest)

The complainant issued summons against the RTMC for purported unlawful arrest. RTMC opposed the action and filed its exception and plea. Matter abandoned by complainant

Claim abandoned

Matter closed

R15 000 .00

- RTMC vs Silvercoin

RTMC issued summons for payment of undue paid amount

Litigation on going

Summons issued

R 14 381.73

- Howard Dembovsky vs RTMC (Application

Mr. Howard Dembovsky, in his personal capacity and as the chairperson of Justice Project South Africa aims to bring an application for an order, which amongst others and in as far as it relates to the Department, RTIA and the Corporation. RTMC filed answering papers as per directive of court.

Litigation on going

Applicant to file reply to answer of respective Respondents

R 267 278.00

- Waymark vs RTMC (20 Novemebr CC)

Waymark instituted legal action against the RTMC in 2010, following a contractual dispute for the outstanding contract price.

Litigation ongoing

Litigation ongoing – awaiting Constitutional Court Judgement

R 493 119.36

­ Mohlaleng vs RTMC

RTMC instituted legal action against Mohlaleng for the outstanding deposit, paid on the Silver Lakes Offices offices and other amounts owed.

Litigation ongoing

Matter postponed sine dies and to be set-down for hearing

R 532.83

- RTMC Declaratory

RTMC to declare certain administrative actions taken by erstwhile Acting CEO void and unlawful.

Litigation ongoing

Hearing date to be set by court

R 0 .00 (awaiting invoices)

- Munsammy vs RTMC

Claim for damages – matter settled out of court

matter settled

Mater closed

R 0 .00

- Doorleen Investment vs RTMC

Successfully settled matter out of court

matter settled

Mater closed

R 0 .00

- NEHAWU vs RTMC

Urgent Application against RTMC

Application abandoned

Mater closed

R 0 .00

- Wechoemang vs RTMC

Urgent Application against RTMC

Application Dismissed

Mater closed

R 790 280.00

(ii) Road Traffic Infringement Agency (RTIA)

TABLE: 5

  1. (a) LITIGATION
  1. (b) REASONS FOR LITIGATION
  1. (a)(b)(i) OUTCOME / OUTSTANDING
  1. (b) (ii) REASONS

(3) (a)(b) COSTS

Demborvsky v Minister of Transport and Others

The Applicant challenges constitutionality of certain provisions of the AARTO Act and the NRTA Act. The provisions of the AARTO Act which are being challenged are subject to amendments through the AARTO Amendment Bill.

The Demborvsky application is still outstanding

The pleadings have not closed in the Demborvsky application and therefore the matter has not been set down.

R 1 148 204 .00

The litigations were extensive and threatened the very existence of the Agency hence, the services of the external legal experts were procured.

JPSA v Road Traffic Infringement Agency and Others

The application was about the method of serving AARTO notices as prescribed in the AARTO Act. The applicant argued that the RTIA and other cited parties were utilizing a

secure mail instead of the registered mail

The JPSA matter was finalized and decided in favour of the Registrar of the Road Traffic Infringement Agency.

Matter is finalised

R 0 .00

Costs covered by JPSA

Ports Regulator of South Africa (PRSA)

  1. There are no litigations that have taken place where the Ports Regulator was party to in the past 12months
  2. Not applicable
  3. Not applicable

South African Maritime Safety Authority (SAMSA)

Year

Nature of Litigation

Cost

2018- To Date

Contractual dispute. An amount of R280 000 is being claimed for work allegedly done for SAMSA. SAMSA served our Plea on the Plaintiff on 15/02/2019.

The matter is ongoing. Total costs in legal fees to date R45 000.00

Airports Company South Africa SOC Limited (ACSA)

(1) (ii) Please find attached a spreadsheet in response to the above.

South African Civil Aviation Authority (SACCA)

LEGAL MATTERS INSTITUTED AGAINST SACAA – OVER THE PAST 12 MONTHS:

#

(1)(a) Details of the litigation

(1)(b) Reasons in each case

(2)(a) What was the outcome?

(2)(b)(i) Which matters are outstanding?

(2)(b)(ii) Why is the matter outstanding?

(3)(a) Cost for 2018/19 Financial year

(3)(b) Why this cost?

 

Applicant/Plaintiff

Respondent

           

1

Berwick

(Partially finalized – pending legal costs being paid to SACAA)

SACAA

The SACAA, the South African Hang-gliding and Paragliding Association (SAHPA) and the Minister of Transport were sued by Berwick who was injured in a paragliding accident.

SACAA defended claim successfully

Finalised

N/A

R 803,825.92

Legal fees

2

Ruiter

DCA; Minister of Transport, SACAA and SAA

An application to set aside a decision taken by the Director in respect of a medical certificate.

Settlement

Pending

Cost recovery

R3,375.54

Legal fees

3

ALPA-SA

(Zerwick)

Director, Gawie Bestbier, Thabang Phahlane and the Minister

Zerwick appealed against an enforcement decision for non-compliance with SACAA regulations. The enforcement action of the Inspector was upheld on appeal to the DCA.

High Court Appeal pending

Pending

Re-hearing of appeal

R350,819.55

Legal fees

4

SB Keyser

(Partially finalized – pending legal costs being paid to SACAA)

SACAA

An appeal against the judgement delivered by the Civil Aviation Appeal Committee.

Appeal dismissed in favour of SACAA

Pending

Cost recovery

R 217,728.44

Legal fees

5

SB Keyser

Director

An urgent application in the High Court to set aside the notice of intention to suspend a Pilot Licence.

Pending High Court appeal

Pending

Awaiting judgement

R 1,046,139.50

Legal fees

6

Kelderman

SACAA

High Court appeal against the Director’s decision to issue a fine, which was confirmed by the Appeal Committee.

Pending High Court appeal

Pending

Awaiting date of set down

R184,915.00

Legal fees

7

Quantum Leap Investments (PTY) Ltd

SACAA & Civil Aviation Appeals Committee (CAAC)

SACAA appeal against the judgement of the Appeals Committee relating to a licensing compliance.

Appeal was dismissed

Finalised

N/A

R235,923.52

Legal fees

8

South African Flight Training Academy

Minister of Transport / SACAA

SACAA sued for damages for loss of income and reputational harm.

Pending trial action

Pending

Exchange of pleadings and interim application

R 537,580.25

Legal fees

9

Former Employee

SACAA

Labour matter.

CCMA referral for arbitration

Pending

Awaiting transcript

None

Legal fees

10

Kishugu Aviation (Pty) Ltd and others // Minister of Transport

(The matter closed)

SACAA

Kishugu is requesting the setting aside of findings of an accident investigation report.

Withdrawal of the matter

Finalised

N/A

R 199 797.67

Legal fees

11

National Union of Metal Workers on behalf of a Former Employee

SACAA

Labour matter

Labour court review

Pending

Interim applications

Not billed as yet

N/A

12

AAL-SA

(Matter closed)

SACAA

Aircraft registration matter. An application was launched to compel the SACAA to register aircraft.

Application was dismissed

Finalised

N/A

None

N/A

13

AEROPRECISION

SACAA:

AEROPRECISION issued summons claiming damages for enforcement action taken by the SACAA.

Decision in SACAA favour with cost

Pending

Recovery of cost

R48,604.75

Matter commenced in 2014. Payment made in 2014 amounting to total mentioned above

Legal fees

14

Bosman

SACAA

Bosman, a Commercial Pilot licence holder challenged the suspension of his licence through an urgent High Court application, at the Civil Aviation Appeal Committee and instituted an appeal in the High Court, Gauteng North against a decision of the Civil Aviation Appeal Committee.

High Court Appeal pending

Pending

N/A

R746,351.26

Legal fees

15

Former Employee

SACAA

Labour matter.

Pending claim for damages

Pending

N/A

No bill as yet

N/A

16

Fair Aviation

SACAA

FAIR AVIATION sought an interim interdict in the High Court, asking the court to condone a non-compliance to civil aviation regulations.

Dismissal of application

Finalised

N/A

R177,606.70

Legal fees

17

Former Employee

SACAA

Labour matter.

Pending labour court review

Pending

Employee raising funds for legal representation

No bill as yet

N/A

18

CEMAIR

SACAA

CEMAIR instituted two urgent applications in the High Court, seeking interim interdicts to set aside audit findings that resulted in the suspension of their operations.

1st application was settled. 2nd application was dismissed by the court

Finalised

N/A

No payment yet

N/A

LEGAL MATTERS INSTITUTED BY SACAA – OVER THE PAST 12 MONTHS:

#

(1)(a) Details of the litigation

(1)(b) Reasons in each case

(2)(a) What was the outcome?

(2)(b)(i) Which matters are outstanding?

(2)(b)(ii) Why is the matter outstanding?

(3)(a) Cost for 2018/19 Financial year

(3)(b) Why this cost?

 

Applicant/

Plaintiff

Respondent

           

1

Former Employee (Matter closed)

SACAA

Labour matter

Claim could not be pursued due to the absence of the employee in South Africa

N/A

N/A

R149,838.05

Legal fees

2

SACAA

Phoebus Apollo Aviation

SACAA served summons to recover costs from a service provider.

Settlement agreement

Finalised

N/A

R30, 898.97

Legal fees

3

SACAA

AOPA DEFAMATION CASE

SACAA instituted a defamatory lawsuit against an association.

Awaiting trial date

Pending

Interim applications

R291 909.94

Legal fees

4

SACAA

Interface Technologies

SACAA issued summons for recovery of outstanding debt against an operator.

Court order in favour of SACAA

Finalised

N/A

R157 671.59

Legal fees

5

SACAA

Tshungu Multimedia Enterprises

Setting aside of a tender related decision in favour of SACAA.

Decision successfully overturned

Finalised

N/A

R438,671.75

Legal fees

 

Railway Safety Regulator (RSR):

  1. (a) The details of litigation that has taken place are:

Full Facilities Management v Railway Safety Regulator – August 2018

PRASA v RSR – October 2018

(b) The reasons in each case are:

Full Facilities Management v Railway Safety Regulator – August 2018

This matter relates to a contractual dispute between the parties. The RSR terminated the contract for the provision of turnkey offices pursuant to a dispute between the parties. The matter is finalised.

PRASA v RSR – October 2018

PRASA launched an urgent application after it was served by ga notice of suspension of its safety permit. This follows several non-compliance notices that were served to PRASA by the RSR. The court decided to place PRASA under supervision until PRASA has complied with all the conditions imposed by the RSR.

1. (a) The outcome of litigation in each case is:

Full Facilities Management v Railway Safety Regulator – August 2018

Parties are currently busy with an arbitration process.

PRASA v RSR – October 2018

Parties are required to give feedback to the Judge by 19 June 2019.

(b) (i) There are no matters outstanding.

(ii) Not applicable.

Litigation Case

(a)

Cost Implication

(b)

Reason

Full Facilities Management v Railway Safety Regulator

R339,436

Relates to an eviction order that was launched by Full Facilities Management

PRASA vs RSR

R529,154

Application was brought by PRASA to stop or interdict the RSR from suspending its safety permit.

Passenger Rail Agency of South Africa (PRASA):

1. (a) Please refer to attached Annexure for details of litigation that taken place. It must be noted that there are matters dating back as far as 2012 as these matters have been active in the past twelve months.

(b) Please refer to attached Annexure for reasons in each case.

2. (a) Refer to attached Annexure.

(b) Refer to attached Annexure.

(i) Refer to attached Annexure.

(ii) Refer to attached Annexure.

3. (a) Refer to attached Annexure.

(b) Refer to attached Annexure.

10 April 2019 - NW731

Profile picture: Mente-Nqweniso, Ms NV

Mente-Nqweniso, Ms NV to ask the Minister of Transport

What (a) number of bridges is Government building or planning to build, (b) is the location of each bridge and (c) is the date of completion of each bridge?

Reply:

a) There are presently 373 bridges on SANRAL routes that are registered as “New Under Construction” or “Planned”. These are as listed in the table below which includes the route, bridge location, bridge number, bridge name and the anticipated year of completion.

Road ID

Field km

Structure Number

Structure Name

Structure Status

Anticipated Year of Completion

N00810W

70

N008_10N_B0470

Kelly's View Underpass

Planned (Design in progress or complete)

2030+

N00302N

31.78

N003_02N_B0505C

Lynnfield Park IC: Old Main Road (R103) NB CD Underpass Bridge C

Planned (Design in progress or complete)

2024

N00302S

31.78

N003_02S_B0505D

Lynnfield Park IC: Old Main Road (R103) SB CD Underpass Bridge D

Planned (Design in progress or complete)

2024

N00302S

28

N003_02S_B0517

Dardanelles IC: N3S Onramp to R603W Overpass

Planned (Design in progress or complete)

2026

N00115S

31

N001_15S_B880B

Church St I/C: Church Street Overpass Bridge B

Planned (Design in progress or complete)

2030+

N00116S

40.2

N001_16N_B0468

Verkeerdevlei IC: Brandfort to Verkeerdevlei (R703) Overpass

Planned (Design in progress or complete)

2028

N00116N

65

N001_16N_B414A

Pleasant View Underpass Bridge A

Planned (Design in progress or complete)

2028

N00116N

74

N001_16N_B415A

Harmonia Underpass Bridge A

Planned (Design in progress or complete)

2028

N00116N

82.6

N001_16N_B518A

Winberg - Theunissen Rail Bridge

Planned (Design in progress or complete)

2028

N00116N

66

N001_16N_B907A

Groot Vet River Bridge A

Planned (Design in progress or complete)

2028

N00116N

74

N001_16N_B908A

Klein Vet River Bridge A

Planned (Design in progress or complete)

2028

N00116NX

94

N001_16NX_B0552

N1/R73 IC: R73 Bridge Overpass

Planned (Design in progress or complete)

2028

N00117NX

0.73

N001_17NX_B0161

Scholtz Street Overpass

Planned (Design in progress or complete)

2020

N00117NX

23.01

N001_17NX_B0322

Holfontein to Wonderkop Agricultural Overpass

New - under construction

2020

N00117NX

6.98

N001_17NX_B0330

Weltevreden Agricultural Overpass

Planned (Design in progress or complete)

2020

N00117NX

18.35

N001_17NX_B0341

Valkspruit to Eendracht Agricultural Overpass

New - under construction

2020

N00117NX

14.08

N001_17NX_B0342

Voorspoed to La Rochette Agricultural Overpass

New - under construction

2020

N00221NX

-0.001

N002_21N_B0297

Kokstad I/C: R56 Overpass

Planned (Design in progress or complete)

2023

N00222N

1.062

N002_22N_B0414

Caribbean Estate Underpass

Planned (Design in progress or complete)

2024

N00222N

3.531

N002_22N_B0415

Port Edward I/C: Izingolwni Road over R61

Planned (Design in progress or complete)

2024

N00222N

16.42

N002_22N_B0425

Trafalgar Beach IC: Trafalgar Drive Overpass

Planned (Design in progress or complete)

2024

N00222N

19.909

N002_22N_B0427

Marina Beach IC: D338-Marina Drive Overpass

Planned (Design in progress or complete)

2024

N00222N

23.074

N002_22N_B0428

Southbroom IC: R620-Southbroom Avenue Overpass.

Planned (Design in progress or complete)

2024

N00222N

9.9

N002_22N_B0511

Tongazi River Pedestrian Bridge

Planned (Design in progress or complete)

2024

N00222N

5.08

N002_22N_B0512

Inhlanhlinhlu River

Planned (Design in progress or complete)

2024

N00222N

15.339

N002_22N_B2563A

Mpenjati River Bridge A

Planned (Design in progress or complete)

2024

N00222NX

26.64

N002_22NX_B0222

Merlewood I/C: Cross Road Underpass

Planned (Design in progress or complete)

2030+

N00224N

19.14

N002_24N_B0394

Grants Rd I/C: Grants Rd to N2 NB

Planned (Design in progress or complete)

2026

N00224N

18.97

N002_24N_B0395

Grants Rd I/C: Grants Rd over N2

Planned (Design in progress or complete)

2026

N00224N

18.72

N002_24N_B0396

Khoto Mkhunya Pedestrian Bridge

Planned (Design in progress or complete)

2026

N00224S

18.92

N002_24S_B0397

Grants Rd I/C: N2 SB to Grants Rd

Planned (Design in progress or complete)

2026

N00224S

18.87

N002_24S_B0398

Grants Rd I/C: Grants Rd over rail

Planned (Design in progress or complete)

2026

N00224S

18.81

N002_24S_B0399

Grants Rd I/C: Andrew Zondo Drive over rail

Planned (Design in progress or complete)

2026

N00225N

17.187

N002_25N_B0153-1

EB Cloete I/C: Support Trestle

Planned (Design in progress or complete)

2026

N00225N

17.187

N002_25N_B0153-2

EB Cloete I/C: Arch

Planned (Design in progress or complete)

2026

N00225N

19.52

N002_25N_B0281

Wandsbeck Road Overpass

Planned (Design in progress or complete)

2026

N00225N

18.424

N002_25N_B0339

King Cetswayo Highway (M13) Overpass

Planned (Design in progress or complete)

2026

N00225N

7.65

N002_25N_B0369

Kenyon Howden Road Overpass

Planned (Design in progress or complete)

2026

N00225N

0.66

N002_25N_B0389

Isipingo Beach I/C: Prospecton Rd Overpass

Planned (Design in progress or complete)

2026

N00225N

0.73

N002_25N_B0409

Ispingo Beach I/C: Prospection Road W to N2N Ramp Bridge

Planned (Design in progress or complete)

2026

N00225N

5.05

N002_25N_B0410

Hull Road Overpass

Planned (Design in progress or complete)

2026

N00225N

28.55

N002_25N_B0413

KwaMashu IC: Ramp R102E to N2S over N2, R102, Avoca Rail and Umhlangane River

Planned (Design in progress or complete)

2026

N00225N

22.96

N002_25N_B0419

Sea Cow Lake Pedestrian Bridge

Planned (Design in progress or complete)

2026

N00225N

28.61

N002_25N_B0420A

KwaMashu IC: N2N over R102 Curnick Ndlovu Highway

Planned (Design in progress or complete)

2026

N00225N

12.89

N002_25N_B0421

Edwin Swales I/C: M7 WB Ramp to N2 NB

Planned (Design in progress or complete)

2026

N00225N

14.45

N002_25N_B0462

Ridge View Road Overpass

Planned (Design in progress or complete)

2026

N00225N

6.74

N002_25N_B0464

Chatsworth Rail (Merebank-Chatsworth) Overpass

Planned (Design in progress or complete)

2026

N00225N

2.7

N002_25N_B0465

Service Road Overpass

Planned (Design in progress or complete)

2026

N00225N

6

N002_25N_B0469

Chatsworth Rail (Merebank - Chatsworth) over M1 Higginson Highway

Planned (Design in progress or complete)

2026

N00225N

28

N002_25N_B0521

Curnick Ndlovu Pedestrian Overpass

Planned (Design in progress or complete)

2026

N00225S

22.32

N002_25S_B0411

Inanda Road IC: Ramp M31W Inanda Road to N2 SB over Rail

Planned (Design in progress or complete)

2026

N00225S

25.67

N002_25S_B0412

Nandi Drive IC: Ramp M45E Queen Nandi Drive to N2S over N2, M45 and Umhlangane River

Planned (Design in progress or complete)

2026

N00225S

28.6

N002_25S_B0420B

KwaMashu IC: N2S over R102 Curnick Ndlovu Highway

Planned (Design in progress or complete)

2026

N00225S

12.98

N002_25S_B0422

Edwin Swales IC: N2S to M7W Top Ramp

Planned (Design in progress or complete)

2026

N00226N

4.32

N002_26N_B0020

Centenary Boulevard Overpass

Planned (Design in progress or complete)

2030+

N00226N

4.65

N002_26N_B0021

Cornubia Boulevard Overpass

New - under construction

2019

N00226N

4.31

N002_26N_B0022

La Lucia I/C: N3N On-Ramp Over Cornubia I/C N3S Off-Ramp

Planned (Design in progress or complete)

2024

N00226S

4.55

N002_26S_B0023

Cornubia I/C: N3S On-Ramp Over La Lucia I/C N3S Off-Ramp

Planned (Design in progress or complete)

2024

N00228N

44.77

N002_28N_B1085A

Umlalazi River Bridge N2NB

Planned (Design in progress or complete)

2019

N00228N

51.52

N002_28N_B1088A

Port Durnford Underpass N2NB

Planned (Design in progress or complete)

2019

N00228N

60.6

N002_28N_B481A

Mhlatuze Rail Bridge (N2NB)

Planned (Design in progress or complete)

2019

N00228N

63.2

N002_28N_B484A

Mhlatuze River Bridge N2NB

Planned (Design in progress or complete)

2019

N00229N

31.07

N002_29N_B0431A

Mposa River Bridge A

Planned (Design in progress or complete)

2030+

N00229N

31.18

N002_29N_B0432A

Mposa I/C: P386 Underpass Bridge A

Planned (Design in progress or complete)

2030+

N00229N

17.23

N002_29N_B0446

Nkhanango I/C: Overpass Bridge

Planned (Design in progress or complete)

2030+

N00229N

24.004

N002_29N_B0447A

Nyokaneni River Bridge A

Planned (Design in progress or complete)

2030+

N00229N

27.71

N002_29N_B0451

Mposa Forestry Road Underpass

Planned (Design in progress or complete)

2030+

N00229N

8.15

N002_29N_B486A

Empangeni I/C: R34 Underpass (N2NB)

Planned (Design in progress or complete)

2030+

N00229S

31.1

N002_29S_B0431B

Mposa River Bridge B

Planned (Design in progress or complete)

2030+

N00229S

31.2

N002_29S_B0432B

Mposa I/C: P386 Underpass Bridge B

Planned (Design in progress or complete)

2030+

N00229N

24.004

N002_29S_B0447B

Nyokaneni River Bridge B

Planned (Design in progress or complete)

2030+

N00229S

53.57

N002_29S_B1026B

Mfolozi River Bridge B

Planned (Design in progress or complete)

2030+

N00229S

48.3

N002_29S_B1031B

Msunduzi River Bridge B

Planned (Design in progress or complete)

2030+

N00229S

21.8

N002_29S_B2020B

Nseleni River Bridge B

Planned (Design in progress or complete)

2030+

N00229S

22.76

N002_29S_B2021B

Nseleni South Rail Underpass Bridge B

Planned (Design in progress or complete)

2030+

N00229S

27.8

N002_29S_B2023B

Nseleni North Rail Underpass Bridge B

Planned (Design in progress or complete)

2030+

N00229S

38.1

N002_29S_B2025B

Kwambonambi Rail Underpass Bridge B

Planned (Design in progress or complete)

2030+

N00229N

8.49

N002_29S_B487B

Empangeni I/C: Road over Rail (N2SB)

Planned (Design in progress or complete)

2019

N00229S

51.8

N002_29S_B865B

Mfolozi I/C: Underpass Bridge B

Planned (Design in progress or complete)

2030+

N00230N

2.62

N002_30N_B0449

Kwamsane I/C: Underpass

Planned (Design in progress or complete)

2024

N00230N

2.85

N002_30N_B0499

Onje Underpass Bridge

Planned (Design in progress or complete)

2024

N00231N

29.07

N002_31N_B0433

Mkuze I/C: Kingfisher Avenue Overpass

Planned (Design in progress or complete)

2030+

N00232N

49.96

N002_32N_B4751A

Sivule River Bridge A

Planned (Design in progress or complete)

2030+

N00232N

48

N002_32S_B1437B

Mvunyane River Bridge B

Planned (Design in progress or complete)

2030+

N00301N

25.15

N003_01N_B0226

Mahogany Ridge I/C: N3N to New Development Overpass

Planned (Design in progress or complete)

2030+

N00301N

25

N003_01N_B0227

Mahogany Ridge I/C: N3N to Stockville Rd

Planned (Design in progress or complete)

2030+

N00301N

25.74

N003_01N_B0228

Mahogany Ridge I/C: New Development to Stockville Rd 1

Planned (Design in progress or complete)

2030+

N00301N

25.3

N003_01N_B0230

Mahogany Ridge I/C: New Development to N3N

Planned (Design in progress or complete)

2030+

N00301N

25.16

N003_01N_B0231

Mahogany Ridge I/C: Stockville Rd to New Development

Planned (Design in progress or complete)

2030+

N00301N

21.95

N003_01N_B0252

Pine Street Overpass

Planned (Design in progress or complete)

2028

N00301N

22.29

N003_01N_B0254

Richmond Road I/C : N3N to Marianhill Ramp

Planned (Design in progress or complete)

2028

N00301N

22.28

N003_01N_B0255

Richmond Road IC : N3N to M1N Richmond Road Ramp over N3 and M1

Planned (Design in progress or complete)

2028

N00301N

8.46

N003_01N_B0280

Candella Road Overpass

Planned (Design in progress or complete)

2028

N00301N

12.11

N003_01N_B0282

Spine Rd I/C: St. James Ave (M32) Overpass

Planned (Design in progress or complete)

2024

N00301N

11.07

N003_01N_B0338

Rockdale Avenue Overpass

Planned (Design in progress or complete)

2024

N00301N

14

N003_01N_B0460

Langford Road Overpass

Planned (Design in progress or complete)

2024

N00301N

14.7

N003_01N_B0461

Lancaster Road Overpass

Planned (Design in progress or complete)

2024

N00301S

25.36

N003_01S_B0229

Mahogany Ridge I/C: New Development to Stockville Rd 2

Planned (Design in progress or complete)

2030+

N00301S

22.85

N003_01S_B0256

Richmond Road I/C: N3S to Pinetown Ramp

Planned (Design in progress or complete)

2028

N00301S

22.72

N003_01S_B0257

Richmond Road I/C: N3S to Marianhill Overpass

Planned (Design in progress or complete)

2028

N00301S

17.11

N003_01S_B0284

N3 Westbound to M13 Westbound

Planned (Design in progress or complete)

2024

N00301S

17.03

N003_01S_B0285

Paradise Valley I/C: M13 Eastbound to N3 Eastbound

Planned (Design in progress or complete)

2024

N00302N

14.88

N003_02N_B0242

Harrison (D157) Overpass

Planned (Design in progress or complete)

2026

N00302N

16.87

N003_02N_B0243

Harrison West (D12) Overpass

Planned (Design in progress or complete)

2026

N00302N

18.1

N003_02N_B0244

Cato Ridge Rail Overpass

Planned (Design in progress or complete)

2026

N00302N

23.73

N003_02N_B0259

Camperdown I/C: P418 Overpass

Planned (Design in progress or complete)

2024

N00302N

19.46

N003_02N_B0262

Cato Ridge I/C : Cato Ridge to N3S Overpass

Planned (Design in progress or complete)

2030+

N00302N

19.33

N003_02N_B0264

Cato Ridge I/C : Cato Ridge to Inchanga Overpass

Planned (Design in progress or complete)

2030+

N00302N

9.25

N003_02N_B0266

Hammersdale I/C: MR385 Rd Overpass

Planned (Design in progress or complete)

2020

N00302N

31.85

N003_02N_B0278A

Lynnfield Park I/C : Camperdown to N3N Overpass

Planned (Design in progress or complete)

2024

N00302N

6.319

N003_02N_B0291A

Sterkspruit East Valley Viaduct 1A

Planned (Design in progress or complete)

2026

N00302N

7.643

N003_02N_B0293A

Sterkspruit West Valley Viaduct 2A

Planned (Design in progress or complete)

2026

N00302N

31.78

N003_02N_B0505A

Lynnfield Park IC : Old Main Road (R103) Underpass Bridge A

Planned (Design in progress or complete)

2024

N00302N

28

N003_02N_B0516

Dardanelles IC: N3N Offramp to R603W

Planned (Design in progress or complete)

2026

N00302S

19.41

N003_02S_B0261

Cato Ridge I/C : Inchanga to N3N Overpass

Planned (Design in progress or complete)

2030+

N00302S

19.44

N003_02S_B0263

Cato Ridge I/C : Inchanga to N3S Ramp

Planned (Design in progress or complete)

2030+

N00302S

19.45

N003_02S_B0265

Cato Ridge I/C : Cato Ridge Bridge over S.A.R. Reserve

Planned (Design in progress or complete)

2030+

N00302S

31.857

N003_02S_B0278B

Lynnfield Park I/C : Lynnfield Park to N3S Overpass

Planned (Design in progress or complete)

2024

N00302S

6.3

N003_02S_B0291B

Sterkspruit East Valley Viaduct 1B

Planned (Design in progress or complete)

2026

N00302S

7.61

N003_02S_B0293B

Sterkspruit West Valley Viaduct 2B

Planned (Design in progress or complete)

2026

N00302S

31.8

N003_02S_B0505A

Lynnfield Park I/C R103 Underpass B

Planned (Design in progress or complete)

2024

N00302S

28

N003_02S_B0518

Dardanelles IC: N3S Onramp from R603E Overpass

Planned (Design in progress or complete)

2026

N00303N

8.05

N003_03N_B0074A

Epworth I/C: Durban Road (R103) Underpass Bridge A

Planned (Design in progress or complete)

2026

N00303N

7.88

N003_03N_B0201

Epworth I/C: N3 NB Onramp

Planned (Design in progress or complete)

2026

N00303N

6.84

N003_03N_B0202

Epworth I/C: Market Road Overpass

Planned (Design in progress or complete)

2026

N00303N

8.49

N003_03N_B0203

Blackburrow Road Overpass

Planned (Design in progress or complete)

2026

N00303N

11.65

N003_03N_B0245

Ohrtmann Rd I/C: Ohrtmann Road (M20) Overpass

Planned (Design in progress or complete)

2027

N00303N

14.56

N003_03N_B0247

Armitage Rd I/C: Ramp over N3 and Sanctuary Rd

Planned (Design in progress or complete)

2027

N00303N

18.37

N003_03N_B0248

Peter Brown Dr I/C: Peter Brown Drive Overpass

Planned (Design in progress or complete)

2027

N00303N

25.94

N003_03N_B0250

Hilton Ave (M80) I/C: Hilton Ave (M80) Overpass

Planned (Design in progress or complete)

2030+

N00303N

6.01

N003_03N_B0258

Murray Road Overpass

Planned (Design in progress or complete)

2026

N00303N

1.77

N003_03N_B0300A

Ashburton I/C: Pope Ellis Drive EB Overpass

Planned (Design in progress or complete)

2025

N00303N

0.47

N003_03N_B0548A

Umpushini Spruit Bridge A

Planned (Design in progress or complete)

2025

N00303S

8.01

N003_03S_B0074B

Epworth I/C: Durban Road (R103) Underpass Bridge B

Planned (Design in progress or complete)

2026

N00303S

14.07

N003_03S_B0246

Armitage Rd I/C: Rail Underpass

Planned (Design in progress or complete)

2027

N00303S

18.49

N003_03S_B0249

Peter Brown Truck Bypass Overpass

Planned (Design in progress or complete)

2030+

N00303S

18.711

N003_03S_B0251

Cato Ridge I/C: Selby Road Overpass

Planned (Design in progress or complete)

2030+

N00303S

1.8

N003_03S_B0300B

Ashburton I/C: Pope Ellis Drive WB Overpass

Planned (Design in progress or complete)

2024

N00303S

0.47

N003_03S_B0548B

Umpushini Spruit Bridge B

Planned (Design in progress or complete)

2024

N00501W

0.07

N005_04E_B0356

Mckechnie I/C: Mckechnie St Underpass

Planned (Design in progress or complete)

2019

N00606N

49.85

N006_06N_B0418

Eldoradospruit

Planned (Design in progress or complete)

2020

N00608N

50.34

N006_08N_B400

Onze Rust I/C: N6 and R702 (M30) Intersection

Planned (Design in progress or complete)

2019

N00810E

69.75

N008_10N_B0456

Ring Road (N8) I/C: N8 Ring Road Overpass

Planned (Design in progress or complete)

2030+

N00810

0.77

N008_10N_B0457

Kelly's View Siding Underpass

Planned (Design in progress or complete)

2030+

N008010

8.03

N008_10N_B0458

Jagersfontein Rd I/C: Jafersfontain Rd (R706) Overpass

Planned (Design in progress or complete)

2030+

N008010

10.56

N008_10N_B0459

Ferreira Rd I/C: Spoorweg Street and Rail Underpass

Planned (Design in progress or complete)

2030+

N00810W

70

N008_10N_B0471

Lourierpark Underpass

Planned (Design in progress or complete)

2030+

N00810W

70

N008_10N_B0472

Short Street Underpass

Planned (Design in progress or complete)

2030+

N00812E

53.63

N008_12E_B0323

Hobhouse I/C: R26 Overpass

Planned (Design in progress or complete)

2028

N00812E

54.47

N008_12E_B0324

Road Over Rail Bridge (Marseilles to Vinies Stations)

Planned (Design in progress or complete)

2028

N00812E

58.9

N008_12E_B0345

Newvale ¿ Lowlands Agricultural Overpass

Planned (Design in progress or complete)

2028

N00812E

62.4

N008_12E_B0346

Road S836 Underpass

Planned (Design in progress or complete)

2028

N00812E

60.9

N008_12E_B0347

Tenniskopspruit River Bridge

Planned (Design in progress or complete)

2028

N00813E

8.1

N008_13E_B0329

Ladybrand I/C: N8W Off-ramp to Ladybrand Overpass

Planned (Design in progress or complete)

2030+

N01102N

7.26

N011_02N_B0140A

Helpmekaar Street (P32) Underpass Bridge A (NB)

Planned (Design in progress or complete)

2030+

N01102N

7.06

N011_02N_B0142A

Bell's Spruit Bridge A (NB)

Planned (Design in progress or complete)

2030+

N01102N

7.06

N011_02N_B0156

Bell's Spruit Bridge (NB Offramp)

Planned (Design in progress or complete)

2030+

N01102N

13.73

N011_02N_B0400

Rocklands I/C: Church Street (M30) over R702

Planned (Design in progress or complete)

2030+

N01102N

16.7

N011_02N_B0401

Pepworth Rail Bridge

Planned (Design in progress or complete)

2030+

N01102N

31.01

N011_02N_B0402

Elandspruit

Planned (Design in progress or complete)

2030+

N01102S

7.29

N011_02S_B0140B

Helpmekaar Street (P32) Underpass Bridge B (SB)

Planned (Design in progress or complete)

2030+

N01102S

7.08

N011_02S_B0142B

Bell's Spruit Bridge B (SB)

Planned (Design in progress or complete)

2030+

N01102S

7.08

N011_02S_B0157

Bell's Spruit Bridge (SB Onramp)

Planned (Design in progress or complete)

2030+

N01103N

51.31

N011_03N_B0375

Ladysmith Drive I/C: Ladysmith Drive Overpass

Planned (Design in progress or complete)

2025

N01103N

52.91

N011_03N_B0376

Madadeni Drive Overpass

Planned (Design in progress or complete)

2025

N01103N

55.22

N011_03N_B0377

Albert Wessels I/C: Albert Wessles Drive Overpass

Planned (Design in progress or complete)

2025

N01104N

6.95

N011_04N_B0111

Buffels River

Planned (Design in progress or complete)

2025

P00301S

0

P003_01S_B0309A

Highlands Avenue WB Overpass

Planned (Design in progress or complete)

2030+

P00301S

0

P003_01S_B0309B

Highlands Avenue EB Overpass

Planned (Design in progress or complete)

2030+

P00302S

0.71

P003_02S_B0331

Harmony Way I/C: Harmony Way Overpass

Planned (Design in progress or complete)

2030+

R02201N

5.53

R022_01N_B0429

Hluhluwe Railway and MR2 Underpass

Planned (Design in progress or complete)

2024

R03002N

1.9

R030_02N_B0308

R030/R703 I/C: R703 Underpass

Planned (Design in progress or complete)

2030+

N00222N

6.045

R061_11E_B0371

Ekubo Underpass

Planned (Design in progress or complete)

2025

N00222N

-0.001

R061_11E_B0372

Leisure Bay I/C: Torquay Ave Overpass

Planned (Design in progress or complete)

2025

N00222N

-0.001

R061_11E_B0373

Glenmore I/C: Munster Rd Overpass

Planned (Design in progress or complete)

2025

N00222N

13.319

R061_11E_B0374

Palm Beach I/C: Overpass Bridge

Planned (Design in progress or complete)

2025

N00222N

4.01

R061_11E_B0416

Owen Ellis Road Underpass

Planned (Design in progress or complete)

2025

N00222N

18.34

R061_11E_B0426

San Lameer IC: San Lameer Avenue to P383 Overpass

Planned (Design in progress or complete)

2025

R73002N

10.05

R730_02N_B0325A

Thabong I/C: Jan Hofmeyer Road Underpass Bridge A

Planned (Design in progress or complete)

2027

R73002N

8.4

R730_02N_B0387

Philander Street Pedestrian Overpass

Planned (Design in progress or complete)

2027

R73002N

9.47

R730_02N_B0390

Hani Park Pedestrian Overpass

Planned (Design in progress or complete)

2027

R73002N

9.83

R730_02N_B0393A

Thabong I/C: Jan Hofmeyer Road EB to R730 SB Ramp under R730 NB

Planned (Design in progress or complete)

2027

R73002N

11.76

R730_02N_B0406

Thabong I/C: Jan Hofmeyer Rd drainage structure 1

Planned (Design in progress or complete)

2027

R73002N

9.7

R730_02N_B0408-2

Thabong I/C: Drainage Structure 2 (Downstream)

Planned (Design in progress or complete)

2027

R73002N

1.63

R730_02N_B0482

R730 Overpass

Planned (Design in progress or complete)

2027

R73002N

10.05

R730_02N_B9001

Thabong I/C: Drainage structure on Ramp R730 NB to Jan Hofmeyer EB and Jan Hofmeyer WB to R730 SB

New - under construction

2027

R73002S

10.07

R730_02S_B0325B

Thabong I/C: Jan Hofmeyer Road Underpass Bridge B

Planned (Design in progress or complete)

2027

R73002S

10.07

R730_02S_B0325D

Thabong I/C: R730 SB to Jan Hofmeyer Road WB Ramp

Planned (Design in progress or complete)

2027

R73002S

9.77

R730_02S_B0393B

Thabong I/C: Jan Hofmeyer Road EB to R730 SB Ramp under R730 SB

Planned (Design in progress or complete)

2027

R73002S

9.75

R730_02S_B0393D

Thabong I/C: Jan Hofmeyer Road EB to R730 SB Ramp under Jan Hofmeyer Road WB to R730 SB Ramp

Planned (Design in progress or complete)

2027

R73002S

10.2

R730_02S_B0407

Thabong I/C: Jan Hofmeyer Rd Drainage structure 2

Planned (Design in progress or complete)

2027

R73002S

9.72

R730_02S_B0408-1

Thabong I/C: Drainage Structure 2 (Upstream)

Planned (Design in progress or complete)

2027

R73003N

7.63

R730_03N_B0310A

Jasons Way (R70) WB Overpass

Planned (Design in progress or complete)

2027

R73003N

7.64

R730_03N_B0310B

Jasons Way (R70) EB Overpass

Planned (Design in progress or complete)

2027

R73003N

5.3

R730_03N_B0355A

R710/Craib Ave I/C: R710 Ramp Underpass (R710NB)

Planned (Design in progress or complete)

2027

R73003N

5.17

R730_03N_B0355B

R710/Craib Ave I/C: R710 Ramp Underpass (R710SB)

Planned (Design in progress or complete)

2027

R73003N

0.12

R730_03N_B0405

Thabong I/C: Drainage structure 3 under R730

Planned (Design in progress or complete)

2027

R73003S

0.37

R730_03S_B2019B

Ross Kent South Rail Underpass Bridge B

Planned (Design in progress or complete)

2027

R73003S

0.563

R730_03S_B2064B

Constantia Street Underpass Bridge B

Planned (Design in progress or complete)

2027

R73003S

3

R730_03S_B2098B

Ndaki Street Underpass B

Planned (Design in progress or complete)

2027

R03701E

131

R037_01E_B0453

Phahlamarumo River Bridge

Planned (Design in progress or complete)

2020

N00121N

4.3

N001_21N_B0486

Erasmusrand Pedestrian Bridge

New - under construction

2019

N00126N

26.63

N001_26N_B0132

Hotel Access Road Overpass

New - under construction

2020

N00127N

17.14

N001_27N_B0055A

R37 I/C: R37 Underpass - Bridge A

New - under construction

2020

N00127N

19.5

N001_27N_B0056

Silicon Rd I/C: Silicon Rd Overpass

New - under construction

2020

N00127NX

6.94

N001_27NX_B0137

Sterkloop River Bridge

New - under construction

2020

N00127NX

4.79

N001_27NX_B0260

Weltevreden River Bridge

New - under construction

2020

N00127S

17.52

N001_27S_B0055B

R37 I/C: R37 Underpass - Bridge B

New - under construction

2020

N00128NX

43.22

N001_28NX_B0205

D2657/D750 Overpass

Planned (Design in progress or complete)

2030+

N00128NX

45.69

N001_28NX_B0209

Link Road C Underpass

Planned (Design in progress or complete)

2030+

N00129NX

95.44

N001_29NX_B0186

Malala River Tributory 1

Planned (Design in progress or complete)

2020

N00129NX

88.5

N001_29NX_B0187

Musina I/C: Overpass

New - under construction

2020

N00129NX

90.5

N001_29NX_B0188

Railway and Harper Road Underpass

New - under construction

2019

N00129NX

90.9

N001_29NX_B0189

Undermining support structure

New - under construction

2020

N00129NX

95.43

N001_29NX_B0190

Freedom Street Overpass

New - under construction

2020

N00129NX

95.58

N001_29NX_B0191

Nancefield I/C: Overpass

New - under construction

2020

N00234N

40.99

N002_34N_B0334

Panbult I/C: D803 Overpass

Planned (Design in progress or complete)

2023

N00311N

36.12

N003_11N_B0452B

Koppieskraal I/C: K148 Overpass Bridge

Planned (Design in progress or complete)

2030+

N00312N

5.58

N003_12N_B0166

Mapelton-Vosloorus Pedestrian Bridge

Planned (Design in progress or complete)

2030+

N00312N

6.93

N003_12N_B0404

Mapelton - Vosloorus Pedestrian Bridge 3

Planned (Design in progress or complete)

2030+

N00402E

48.35

N004_02E_B0154

Kusile Rail under N4

Planned (Design in progress or complete)

2030+

N00405EX

50.895

N004_05EX_B0455

Ntokozweni IC: Machado Road Overpass

Planned (Design in progress or complete)

2022

N00405EX

52.93

N004_05EX_B0467

General Smith Street (D216) Underpass Bridge

Planned (Design in progress or complete)

2022

N0045EX

47.97

N004_05EX_B0523

Milly's Access Underpass

Planned (Design in progress or complete)

2022

N00407E

35.41

N004_07E_B0167

Alkmaar Service Bridge

Planned (Design in progress or complete)

2021

N00407E

65.48

N004_07E_B0491

Karino IC: R538 Overpass

Planned (Design in progress or complete)

2021

N00407E

20.82

N004_07E_B1519AB

Karino Spruit Bridge AB

Planned (Design in progress or complete)

2021

N00410W

0.77

N004_10W_B0537

Lucas Mangope Rd IC: N4 EB to Ga-Rankuwa Off Ramp

New - under construction

2019

N00410W

0.6

N004_10W_B0538

Lucas Mangope Rd IC: N4 WB to Ga-Rankuwa Off Ramp

New - under construction

2019

N00412E

29.6

N004_12E_B0072B

N4/R560 I/C: R560 Underpass Bridge B

New - under construction

2019

N00412W

30

N004_12W_B0519

Pampoennek Game Underpass

New - under construction

2019

N00413E

33.86

N004_13E_B2223B

Rustenburg Kloof IC: Dr Moroka Street Underpass Bridge B

Planned (Design in progress or complete)

2026

N01109N

1.82

N011_09N_B0417

Bosman River

New - under construction

2019

N01113N

2.91

N011_13N_B0268

Dorps River Bridge

Planned (Design in progress or complete)

2023

N01113N

7.55

N011_13N_B0269

Rooisloot River Bridge

Planned (Design in progress or complete)

2023

N01113N

15.6

N011_13N_B0270

Dithokeng River Bridge

Planned (Design in progress or complete)

2023

N01113N

24.24

N011_13N_B0271

Groot-Sandsloot River Bridge

Planned (Design in progress or complete)

2023

N01113N

10.4

N011_13NX_B0479

Rooisloot River

Planned (Design in progress or complete)

2022

N01113N

7.61

N011_13NX_B0480

Woodland Road and Railway Underpass

Planned (Design in progress or complete)

2022

N01113N

2.92

N011_13NX_B0481

Mokopane N11-R101 IC: R101 Overpass

Planned (Design in progress or complete)

2022

N01113N

6.5

N011_13NX_B0531

Road D3519 Overpass

Planned (Design in progress or complete)

2022

N01219E

3.08

N012_19E_B0135

Edenvale Rd (M37) I/C: Edenvale Rd (M37) Access to Service Station

Planned (Design in progress or complete)

2030+

N01219W

3.08

N012_19W_B0136

Edenval Rd (M37) I/C: Edenvale Rd (M37) Exit from Service Station

Planned (Design in progress or complete)

2030+

N01219W

3.27

N012_19W_B0147

Sunnyrock Service Station Access Bridge

Planned (Design in progress or complete)

2030+

N01220E

44.1

N012_20E_B0522

Klipspruit Colliery Conveyor Overpass

New - under construction

2019

N08101N

67.1

N081_01N_B0435

Middel-Letaba River

Planned (Design in progress or complete)

2021

R03314N

12.63

R033_14N_B0483

Brakspruit

Planned (Design in progress or complete)

2022

R03314N

19.04

R033_14N_B0484

Merriespruit

Planned (Design in progress or complete)

2022

R03314N

23.56

R033_14N_B0485

Barberkuil

Planned (Design in progress or complete)

2022

R03701E

135.9

R037_01E_B0454

Hoduopong River Bridge

Planned (Design in progress or complete)

2022

R04005N

26.53

R040_05N_B0163

Maviljan Pedestrian Bridge

Planned (Design in progress or complete)

2030+

R04005N

32.26

R040_05N_B0232

MP Stream Bridge

Planned (Design in progress or complete)

2030+

R04005N

26.55

R040_05N_B0233

Street A Overpass

Planned (Design in progress or complete)

2030+

R10402E

14.26

R104_02E_B0155

Kusile Rail Over R104

Planned (Design in progress or complete)

2030+

R51001N

80.2

R510_01N_B0506

Phufani River

Planned (Design in progress or complete)

2022

R52902N

13.81

R529_02N_B0436

Nwamitwa Dam Bridge - Nwanedzi River

Planned (Design in progress or complete)

2030+

R52902N

11.98

R529_02N_B0437

Nwamitwa Dam Bridge - Hlangana River

Planned (Design in progress or complete)

2030+

R57302N

36.7

R573_02N_B0510

Kwaggafonteinspruit

Planned (Design in progress or complete)

2022

R57302N

23.18

R573_02N_B0549

Tweefontein Pedestrian Overpass

Planned (Design in progress or complete)

2022

R57302N

37

R573_02N_B0550

Kwaggafontein Pedestrian Overpass

Planned (Design in progress or complete)

2022

R57303N

16.9

R573_03N_B0536

Kgobokwane River Bridge

Planned (Design in progress or complete)

2022

N00211E

31

N002_11E_B0532

Commercial Rd IC: N2 EBC off-ramp over Papenkuils Canal

Planned (Design in progress or complete)

2023

N00211E

31

N002_11E_B0535

Commercial Rd IC: N2 EBC on-ramp over Papenkuils Canal

Planned (Design in progress or complete)

2023

N00215E

1.83

N002_15E_B0495

Tshoxa River 1 & King Williams Town Rail Underpass

Planned (Design in progress or complete)

2022

N00215E

8

N002_15E_B0503

Belstone IC: N2E Onramp from Belstone Road S (MR0688) over KWT-Belstone Rail

Planned (Design in progress or complete)

2022

N00211E

29.6

N002_11E_B0348

Stanford Road (M10) Pedestrian Bridge

Planned (Design in progress or complete)

2019

N00211E

31.4

N002_11E_B0349

Commercial Rd IC: Commercial Road (R75) Overpass Pedestrian Bridge (West)

Planned (Design in progress or complete)

2023

N00211E

31.48

N002_11E_B0350

Commercial Rd IC: Commercial Road (R75) Overpass Pedestrian Bridge (East)

Planned (Design in progress or complete)

2023

N00211E

66.74

N002_11E_B0434

Colchester I/C: R334 Overpass

Planned (Design in progress or complete)

2022

N00211E

67.84

N002_11E_B0450

Colchester Pedestrian Bridge

Planned (Design in progress or complete)

2022

N00211E

2.56

N002_11E_B0520

Shell Ultra City Overpass Bridge

Planned (Design in progress or complete)

2019

N00211E

31

N002_11E_B0533

Commercial Rd IC: R75 SBC over Papenkuils Canal

Planned (Design in progress or complete)

2023

N00211E

31

N002_11E_B0534

Commercial Rd IC: Papenkuils Canal Pedestrian Bridge

Planned (Design in progress or complete)

2023

N00215E

2.67

N002_15E_B0496

Tshoxa River 2

Planned (Design in progress or complete)

2022

N00215E

2.95

N002_15E_B0497

Buffalo River

Planned (Design in progress or complete)

2022

N00215E

9.7

N002_15E_B0504A

Breidbach IC: Welkom Street (MR0690) Underpass Bridge A

Planned (Design in progress or complete)

2022

R06314E

58

N002_15E_B0513

Buffalo IC: Birds Street Underpass

Planned (Design in progress or complete)

2022

N00215E

2

N002_15E_B0514A

Buffalo IC: N2W Offramp to R63W Overpass Bridge A

Planned (Design in progress or complete)

2022

N00215E

2

N002_15E_B0514B

Buffalo IC: N2W Onramp from R63E Overpass Bridge B

Planned (Design in progress or complete)

2022

N00215W

9.7

N002_15W_B0504B

Breidbach IC: Welkom Street (MR0690) Underpass Bridge B

Planned (Design in progress or complete)

2022

N00215W

8.4

N002_15W_B2162C

Belstone IC: N2W offramp to Belstone Road N (MR0688) Overpass Bridge C

Planned (Design in progress or complete)

2022

N00215W

8

N002_15W_B5613C

Belstone IC: N2W offramp to Belstone Road N (MR0688) Bridge C over KWT-Belstone Rail

Planned (Design in progress or complete)

2022

N00218E

24.44

N002_18E_B0448

Candu Pedestrian Overpass

Planned (Design in progress or complete)

2020

N00219E

1.86

N002_19E_B0515

Zingisa High Pedestrian Bridge

Planned (Design in progress or complete)

2023

N00219EX

98.18

N002_19EX_B0492

Kucaphothi River Bridge

Planned (Design in progress or complete)

2022

N00219EX

21.74

N002_19EX_B0507

Mhlakulo Pedestrain Overpass

Planned (Design in progress or complete)

2022

N00219EX

37.63

N002_19EX_B0508

Mbokotwana River

Planned (Design in progress or complete)

2022

N00219EX

33.02

N002_19EX_B0509

Xokonxa River Tributary 1

Planned (Design in progress or complete)

2022

N00220E

7.851

N002_20E_B0241

Luqoqweni I/C: Luqoqweni Overpass Bridge

Planned (Design in progress or complete)

2022

N00220E

44.34

N002_20E_B0500

Msikaba River Tributary 3

Planned (Design in progress or complete)

2022

N00220E

36

N002_20E_B0539

Lupondo Agricultural Overpass

Planned (Design in progress or complete)

2022

N00220E

38

N002_20E_B0540

Mkamela Interchange Bridge

Planned (Design in progress or complete)

2022

N00220E

39

N002_20E_B0541

Mataba Agricultural Overpass

Planned (Design in progress or complete)

2022

N00220E

40

N002_20E_B0542

Kwadlambu River

Planned (Design in progress or complete)

2022

N00220E

44

N002_20E_B0543

Mtonjeni Agricultural Overpass

Planned (Design in progress or complete)

2022

N00220E

46

N002_20E_B0544

Holy Cross Interchange Bridge

Planned (Design in progress or complete)

2022

N00220E

48

N002_20E_B0545

Emzinyeni Agricultural Overpass

Planned (Design in progress or complete)

2022

N00220E

49

N002_20E_B0546

Mkambati Agricultural Overpass

Planned (Design in progress or complete)

2022

N00220E

33.571

N002_20E_B4000

Msikaba River Bridge

New - under construction

2022

N00220E

61

N002_20E_B4001

Mtentu River Bridge

New - under construction

2023

N00220EX

25.35

N002_20EX_B0466

Mcetyana River Bridge

Planned (Design in progress or complete)

2023

N00220EX

62.94

N002_20EX_B0474

Phakade Pedestrian Bridge

Planned (Design in progress or complete)

2023

N00220EX

27.5

N002_20EX_B0493

Mcetyana River Tributary 1

Planned (Design in progress or complete)

2023

N00220EX

38.52

N002_20EX_B0494

Ngcweleni River

Planned (Design in progress or complete)

2023

R05608E

130.6

R056_08E_B0524

Matatiele Bridge 3

Planned (Design in progress or complete)

2022

R05608E

135.9

R056_08E_B0525

Omega Farm Stream

Planned (Design in progress or complete)

2022

R05608E

139

R056_08E_B0526

Edendale Farm Stream

Planned (Design in progress or complete)

2022

R05608E

143.3

R056_08E_B0527

Grootvlei Farm Stream

Planned (Design in progress or complete)

2022

R05608E

144

R056_08E_B0528

Colembert Farm Stream

Planned (Design in progress or complete)

2022

R05608E

148.85

R056_08E_B0529

Rietfontein Farm Stream

Planned (Design in progress or complete)

2022

R05608E

163.3

R056_08E_B0530

Mzimvubu River Tributary 7

Planned (Design in progress or complete)

2022

R06102E

68.21

R061_02E_B0298

Pauls River Bridge

Planned (Design in progress or complete)

2024

R06102E

40.05

R061_02E_B0332

Great Fish River

Planned (Design in progress or complete)

2024

R06102E

79.66

R061_02E_B0344

Wilgebooms River

Planned (Design in progress or complete)

2024

R06103E

36.33

R061_03E_B0289

Fairview

Planned (Design in progress or complete)

2021

R06103E

26.24

R061_03E_B0340

Gunsteling Stream

Planned (Design in progress or complete)

2021

R06106E

43.44

R061_06E_B0193

Qumanco River Bridge

Planned (Design in progress or complete)

2022

R06106E

43.71

R061_06E_B0194

Qumanco River Tributary 5

Planned (Design in progress or complete)

2022

R06106E

53.84

R061_06E_B0195

Mgwali River Bridge

Planned (Design in progress or complete)

2022

R06106E

55.86

R061_06E_B0196

Ngcotyama River Bridge

Planned (Design in progress or complete)

2022

R06106E

72.12

R061_06E_B0296

KwaGcina Pedestrian Bridge

Planned (Design in progress or complete)

2022

R06106E

73.82

R061_06E_B0316

Xuka River Bridge

Planned (Design in progress or complete)

2022

R06106E

75.39

R061_06E_B0317

Caca River Bridge

Planned (Design in progress or complete)

2022

R06106E

92.73

R061_06E_B0318

Mbashe River Bridge

New - under construction

2020

R06107E

26.51

R061_07E_B0266

Tabase River

New - under construction

2020

R06107E

7.61

R061_07E_B0319

Xongora River Bridge

New - under construction

2020

R06107E

11.4

R061_07E_B0320

Bhaziya River Bridge

New - under construction

2020

R06107E

29.62

R061_07E_B0361

Tabase River Tributary 2

New - under construction

2020

R06107E

36.43

R061_07E_B0362

Mthatha Dam Tributary

Planned (Design in progress or complete)

2023

N00219E

5.981

R061_08E_B0235

Ngqeleni Pedestrian Bridge

Planned (Design in progress or complete)

2018

N00219E

6.467

R061_08E_B0236A

Ngqeleni I/C: Eastbound Overpass Bridge

Planned (Design in progress or complete)

2018

N00219E

6.494

R061_08E_B0236B

Ngqeleni I/C: Eastbound Underpass Bridge

Planned (Design in progress or complete)

2018

N00219E

45.985

R061_08E_B0240

Qiti Overpass Bridge

Planned (Design in progress or complete)

2019

N00219E

75.181

R061_08E_B0337

Qhaka Overpass Bridge

Planned (Design in progress or complete)

2019

R06108E

21.65

R061_08E_B0475

Mpindweni Pedestrian Bridge

Planned (Design in progress or complete)

2019

N00219E

1.083

R061_08E_B4398A

Mtata River Bridge EB

Planned (Design in progress or complete)

2018

N00219E

2.51

R061_08E_B4538A

Corana River Bridge EB

Planned (Design in progress or complete)

2018

R06313E

47

R061_13E_B0477

Mxelo River

Planned (Design in progress or complete)

2022

R06313E

39

R063_13E_B0476

Kwatinidubu Rail Underpass

Planned (Design in progress or complete)

2022

R06313E

55.56

R063_13E_B0478

Kwezana Rail Underpass

Planned (Design in progress or complete)

2022

R06705N

15.4

R067_05N_B0473

Swart-Kei River

Planned (Design in progress or complete)

2022

R07203E

4.91

R072_03E_B0386

Rufane River

New - under construction

2020

R07203E

12.29

R072_03E_B4000

Riet River

New - under construction

2020

R07203E

52.55

R072_03E_B9060

Gqutywa River

New - under construction

2020

R33601E

30.8

R336_01E_B0498

Bezuidenhouts River

Planned (Design in progress or complete)

2022

N00701N

47.74

B007_01N_B0444

Abbotsdale West Agricultural Underpass

New - under construction

2020

N00201E

38.5

N002_01E_B0551A

Broadway (R44) I/C: Broadway Pedestrian Overpass A

New - under construction

2021

N00201E

38.6

N002_01E_B0551B

Broadway (R44) I/C: Broadway Pedestrian Overpass A

New - under construction

2021

N00207E

41.85

N002_07E_B0489

Grant's Place Underpass

Planned (Design in progress or complete)

2023

N00207E

17

N002_07E_B198A

Gwaing River Bridge A

New - under construction

2021

N00701N

26.56

N007_01N_B0379

Knollevally Agricultural Underpass

New - under construction

2019

N00701N

32.4

N007_01N_B0382A

Rondeberg Rd Underpass NB

New - under construction

2019

N00701N

35.65

N007_01N_B0383A

Klein Dassenberg Rd I/C: Klein Dassenberg Rd Underpass Bridge A

New - under construction

2019

N00701N

37.54

N007_01N_B0384A

Kalbaskraal I/C: Kalbaskraal Rd and Rail Underpass Bridge A

New - under construction

2019

N00701N

30.98

N007_01N_B0391A

Salt River

New - under construction

2019

N00701N

36.47

N007_01N_B0392A

Swart River

New - under construction

2019

N00701N

42.23

N007_01N_B0440

Leliefontein Agricultural Underpass

New - under construction

2020

N00701N

44.15

N007_01N_B0441A

Tierfontein I/C: OP05364 Underpass Bridge A

New - under construction

2020

N00701N

45.94

N007_01N_B0442

Abbotsdale East Agricultural Underpass

New - under construction

2020

N00701N

47.27

N007_01N_B0443A

Bloemendal Road Underpass Bridge A

New - under construction

2020

N00701N

48.22

N007_01N_B0445

Abottsdale I/C: Overpass Bridge

New - under construction

2020

N00701S

32.46

N007_01S_B0382B

Rondeberg Rd Underpass SB

New - under construction

2019

N00701S

35.63

N007_01S_B0383B

Klein Dassenberg Rd I/C: Klein Dassenberg Rd Underpass Bridge B

New - under construction

2019

N00701S

37.59

N007_01S_B0384B

Kalbaskraal I/C: Kalbaskraal Rd and Rail Underpass Bridge B

New - under construction

2019

N00701S

30.975

N007_01S_B0391B

Salt River

New - under construction

2019

N00701S

36.51

N007_01S_B0392B

Swart River

New - under construction

2019

N00701S

44.17

N007_01S_B0441B

Tierfontein I/C: OP05364 Underpass Bridge B

New - under construction

2019

N00701S

47.27

N007_01S_B0443B

Bloemendal Road Underpass Bridge B

New - under construction

2019

N00702N

4.01

N007_02N_B0438

Tweefontein Agricultural Underpass

New - under construction

2019

N00702N

5.91

N007_02N_B0439A

Hopefield I/C: R45 Underpass Bridge A

New - under construction

2019

N00702S

5.9

N007_02S_B0439B

Hopefield I/C: R45 Underpass Bridge B

New - under construction

2019

N00702S

5.9

N007_02S_B0439D

Hopefield I/C: N7S to R45W Ramp over R45

New - under construction

2019

R30001N

23

R300_01N_B0547

Erica Drive Overpass

Planned (Design in progress or complete)

2023

10 April 2019 - NW785

Profile picture: Matsepe, Mr CD

Matsepe, Mr CD to ask the Minister of Transport

With reference to the leasing of infrastructure such as trains and locomotives by the Passenger Rail Agency of South Africa (a) in the past three financial years and (b) since 1 January 2019, what (i)(aa) leases took place in each month, (bb) is the value of each contract, (cc) were the infrastructure used for and (dd) are the reasons for these leases and (ii) on what date will each lease end in each case?

Reply:

a) PRASA does not lease infrastructure and trains/locomotives except for the interface arrangements with Transnet where PRASA and Transnet rely on the usage of each other’s infrastructure and the ad hoc locomotive support required by PRASA from Transnet from time to time, especially during peak periods.

b) No Leases occurred since 1 January to Date

(i) (aa) Due to the shortage of locomotives, PRASA leased locomotives for Main Line Passenger Services for the peak period from 15 December 2017 to 30 April 2018 at a cost of R44,975m.

(bb) R44 975 million

(cc) The locomotives were used by Shosholoza Meyl during the peak periods of December and Easter to transport long distance rail passengers.

(dd) This was a temporary arrangement to assist during the peak periods of December and Easter.

(ii) The lease ended on 30 April 2018.

10 April 2019 - NW681

Profile picture: De Freitas, Mr MS

De Freitas, Mr MS to ask the Minister of Transport

(a) Why was the contract with a certain company (name furnished) extended, (b) what are the terms and conditions for the extension, (c) what will his department put in place when the specified contract ends and (d) what are the costs involved?

Reply:

a) The original Open Road Toll Operations contract was for an 8-year operational period for the toll system operations and maintenance and Open Road Toll (ORT) back office component that includes the operations at customer service centers.  The Transaction Clearing House and Violation Processing Centre portions of the contract was for 5 years.  Agreement was reached between SANRAL and the toll operator whereby the 8-year component of the contract was reduced to 6 years and the 5-year components extended to 6 years.  This agreement was approved by National Treasury.

b) The original terms and conditions of the contract remained in place. The relevant applicable time periods were adjusted as indicated above.

c) SANRAL is in process to develop a new toll operation tender and will commence with the tender process in terms of procurement requirements.

d) The terms of the contract including the pricing as per the original tender remains in place. There are no additional costs as a result of the adjusted contractual time periods

03 April 2019 - NW781

Profile picture: Hunsinger, Mr CH

Hunsinger, Mr CH to ask the Minister of Transport

(a) Why has there been a delay in the issuing of driving licences in the past 12 months, (b) what steps have been taken to resolve the backlog, (c) what are the reasons that members of the public have to return to redo their fingerprints, photos and eye tests, (d) what are the reasons that no investigation regarding the matter has taken place and (e) by what date will an investigation into the matter take place?

Reply:

a) The delay in the delivery of driving licence cards was occasioned by the system upgrade on the production machine and the labour dispute lodged by the employees involved in the production of driving licence cards.

b) The production team worked overtime to address the backlog. In January 2019, there was a backlog of 250k cards, which was addressed on 8th February 2019. As at 7th March2019, there was a backlog of 194k cards which was caused by a delay in the delivery of material. This backlog will be addressed by 15 April 2019.

c) The Department (DLCA) has been working on a recovery tool to retrieve the missing images (fingerprints, photos and eye-test) in some instances where we have been able to retrieve them we proceeded to produce and dispatch the driving license card. In those instances where we have not been able to, members of the public have been requested to return to the centres to redo their applications. There are also instances where cards had to be rejected due to cancellation requests from the DLTC or bad images sent to the DLCA.

d) The DLCA opened a case of extortion and sabotage and the office of the Directorate for Priority Investigation upon their investigation issued a nolle prosecui citing amongst others lack evidence as the reason for withdrawal.

03 April 2019 - NW436

Profile picture: Hunsinger, Mr CH

Hunsinger, Mr CH to ask the Minister of Transport

With reference to the Commission for Conciliation, Mediation and Arbitration (CCMA) matters within (a) his department and (b) the entities reporting to him, (i) what CCMA matters have been heard in each month (aa) in the past three financial years and (bb) since 1 January 2019, (ii) what number of matters were (aa) lost and (bb) won, (iii) what were the total costs involved in each case, (iv) what was spent on legal services in each month and (v) why was this necessary in each case?

Reply:

Department

(a) (i) None

(aa) None

(bb) None

(ii) (aa) None

(bb) None

(iv) Not applicable

(v) Not applicable

The (b) Cross-Border Road Transport Agency have had the cases outlined in the tables 1

The (b) Road Accident Fund have had the cases outlined in the tables 2

The (b) Road Traffic Management Corporation have had the cases outlined in the tables 3

The (b) Road Traffic Infringement Agency have had the cases outlined in the tables 4

The (b) South African National Roads Agency Limited have had the cases outlined in the tables 5

(b) The Cross-Border Road Transport Agency (CBRTA)

TABLE: 1

2016/17 : 2 cases

(ii) Matter

(aa) lost

 

(bb) won

(iii) total costs

(iv) Amount spent on legal services

(v) Why it was this necessary

Unfair Dismissal

0

1

1, withdrawn

R0,00

R0,00

Not applicable

Dispute of mutual interest and of Employment Equity

   

Not applicable

Not applicable

Not applicable

2017/18 : 1 case

(ii) Matter

(aa) lost

 

(bb) won

(iii) total costs

(iv) Amount spent on legal services

(v) Why it was this necessary

Unfair Labour Practice in terms of section 186 (2) (a) - Promotion

1, but the matter is under review

Not applicable

R0,00

R0,00

Not applicable

2018/19: 8 Cases – 1 case won – lost case Not Applicable

(ii) Matter

(aa) lost

 

(bb) won

(iii) total costs

(iv) Amount spent on legal services

(v) Why it was this necessary

Unfair Dismissal in terms of section 186 (1)(b)(ii)

Not applicable, Settlement was reached to reinstate the employee

Not applicable, settlement was reached to reinstate the employee

R154,180.50

31/01/2018 -R169.40

31/05/2018- R56.70

29/03/2018-R80,631.82

30/09/2017-R33,797.42

16/02/2018-R19,012.61

31/05/2018-R20,512.55

The cost incurred was for the legal representative during the Arbitration process

Unfair Labour Practice in terms of section 186 (2) (a) - Promotion

Not applicable

Not applicable, settlement Agreement was reached, and the matter is closed

R0,00

R0,00

Not applicable

 

Unfair disciplinary Action

Not applicable, sanction that was in dispute expired

Not applicable, sanction that was in dispute expired

R56,350

31/10/2018 -R19, 950

19/12/2018-R36,400

It was necessary on the fact that the matter was dealt internally by legal representatives

Breach of Collective Agreement

Not applicable

Ruling in favor of the C-BRTA

R0,00

R0,00

Not applicable

6 [EEA] - Prohibition of unfair discrimination - Gender

Not applicable

Not applicable, parties concluded an agreement to finalise the matter internally

R0,00

R0,00

Not applicable

6 [EEA] - Prohibition of unfair discrimination - Gender

Not applicable

The employee did not pursue the matter further after conciliation.

R0,00

R0,00

Not applicable

Unfair suspension

Not applicable

The employee did not pursue the matter further after conciliation.

R0,00

R0,00

Not applicable

Unfair Labour Practice

The was heard during arbitration and the employee withdrawn the case.

The was heard during arbitration and the employee withdrawn the case.

R0,00

R0,00

Not applicable

(bb) Since 1 January 2019: 4 cases

(ii) Matter

(aa) lost

 

(bb) won

(iii) total costs

(iv) Amount spent on legal services

(v) Why it was this necessary

Unfair Dismissal

Not applicable, case is still pending

Not applicable, case is still pending

R0,00

R0,00

Not applicable

Unfair Labour Practice in terms of section 186 (2) (a) – Promotion

Not applicable, case is still pending

Not applicable, case is still pending

R0,00

R0,00

Not applicable

Unfair Labour Practice in terms of section 186 (2) (a) – Promotion.

Not applicable, case is still pending

Not applicable, case is still pending

R0,00

R0,00

Not applicable

Mutual interest disputes

Not applicable,

Conciliation process was heard during the month of January 2019 the matter was not resolved. Certificate to strike issued but it was interdicted

Not applicable,

Conciliation process was heard during the month of January 2019 the matter was not resolved. Certificate to strike issued but it was interdicted

R0,00

R0,00

Not applicable

Airports Company South Africa SOC Limited (ACSA)

(i)(aa)(bb) The table below is a summary of the matters heard by the CCMA in the past 3 financial years. The table includes the parties involved in the matter and the reason for the matter being set down at the CCMA.

(ii) (aa)(bb)The table below illustrates the number of matters that were either lost or won at the CCMA.

(iii) The table below illustrates the matters where legal costs were incurred for matters referred and set down at the CCMA. It should be noted that not all matters referred to the CCMA incurred legal costs.

(iv) The table below illustrates the legal costs incurred per month over the reporting period for matters at the CCMA.

(v) The table below provides the reasons why matters may have necessitated the appointment of legal assistance and the reasons below are in line with the Company Disciplinary Policy.

Air Traffic and Navigation Services SOC Limited (ATNS)

The Commission for Conciliation, Mediation and Arbitration (CCMA) matters within ATNS in the past three financial years and since 1 January 2019, showing the status and legal services costs per matter and the reasons for such costs:

MONTHS

CCMA Matters

Status

Cost Implication

Reason 4 costs

February 2016

1

won

R452 568-00

complexity

December 2017

1

won

R85 000-00

Minimal running costs

July 2018

2

1 won and 1 reinstatement

R76 640 and R917412.75

Minimal running costs

August 2018

2

Both resigned

No costs

No costs

October 2018

2

From last report

R382 500-00

complexity

December 2018

1

settlements

 

complexity

February 2019

2

Case still underway

No invoice yet

complexity

South African Civil Aviation Authority (SACAA)

(a) Not applicable; (b), (i), (aa), (bb); (ii), (aa), (bb); (iii); (iv); (v): The tables below provide a record and details on each of the Commission for Conciliation, Mediation and Arbitration (CCMA) matters handled by the South African Civil Aviation Authority (SACAA) in the past three financial years, and since 1 January 2019.

(i), (aa): 2016/17 Financial Year

Summary of table: During the 2016/17 financial year, the SACAA dealt with ten (10) CCMA matters. Out of the ten, the SACAA won five (5), three (3) were settlement agreements; and in the case of the other two, the applicants did not proceed with the cases. There were no monthly legal fees as services are procured and used as and when necessary.

(i), (aa) Nature of dispute / matters heard during the 2016/17 financial year

(aa) Matters or cases lost / won

(iii) Total cost of the case.

(iv) Total cost spend on legal fees monthly

(v) Why was this necessary?

1st case

Unfair labour practice based on promotion.

2nd case

The applicant claimed unfair labour practice relating to a performance bonus.

3rd case

The applicant claimed unfair dismissal.

The parties settled the matter before the CCMA hearing.

The parties settled the matter before the CCMA hearing.

The parties settled the matter before the CCMA hearing.

Settled as per below.

Settled as per below.

Settled as per below.

R445 165.31

(Legal cost)

R2, 700 000.00 (Settlement amount)

Not applicable.

The disputes involved a member of the SACAA Executive, relating to dismissal, contractual dispute, performance bonus, and restructuring.

Unfair dismissal dispute.

The SACAA won the case at CCMA.

No cost was incurred.

Not applicable.

Not applicable.

Non-renewal of fixed term contract.

The SACAA won the case at CCMA.

R98 196.75

Not applicable.

The matter was complex in that it involved both non-renewal of a contract as well as dishonest conduct by the employee.

1st case

The union claimed unfair labour practice based on the withdrawal of a standby allowance.

2nd case

The union declared a dispute relating to matters of mutual interest, i.e. wages, organisational restructuring, and normalisation of salaries.

The union did not continue with the matter at the CCMA.

The CCMA issued a certificate of non-resolution, and the union did not continue with the matter any further.

No cost was incurred.

No cost was incurred.

Not applicable.

Not applicable.

Not applicable

Not applicable.

Allegations of unfair dismissal.

The SACAA won the case at the CCMA.

R369 979.40

Not applicable.

The matter was complex as it involved the interpretation of the Civil Aviation Authority Act, 2009 (Act No 13 of 2009), and the SACAA’s Conflict of Interest Policy.

Allegations of unfair dismissal.

The SACAA won the case at the CCMA.

R88 865.28

Not applicable.

The matter was complex as it involved dismissal based on probation terms.

Allegations of unfair dismissal.

The SACAA won the case at the CCMA.

R125 650.80

Not applicable.

The matter was complex in that it involved appropriateness of the dismissal, and potential claims of unilateral change to terms and conditions of employment.

TOTAL

Ten (10)

R3 827 857.54

Not applicable.

Not applicable.

(i), (aa): 2017/18 FINANCIAL YEAR

Summary of table: During the 2017/18 financial year, the SACAA dealt with three (3) CCMA matters. Out of the three two were won and one was a settlement agreement. There were no monthly legal fees as services are procured and used as and when necessary.

(i), (aa) Nature of dispute / matters heard during the 2017/18 financial year

(aa) Matters or cases lost / won

(iii) Total cost of the case.

(iv) Total cost spend on legal fees monthly

(v) Why was this necessary?

Allegations of unfair dismissal.

The SACAA won the case at CCMA.

No cost was incurred.

Not applicable.

Not applicable.

Allegations of unfair dismissal.

The parties settled the matter before the CCMA arbitration hearing.

R181 287.00

(Legal cost)

R98 015.13 (Settlement amount)

Not applicable.

It was important to avoid a protracted legal battle as the applicant has a legal background and was also employed in the SACAA’s Legal Division.

Allegations of unfair labour practice.

The SACAA won the case at CCMA.

No cost was incurred.

Not applicable.

Not applicable.

TOTAL

Three (3)

R279 302.13

Not applicable.

Not applicable.

(i), (aa): 2018/19 FINANCIAL YEAR AND SINCE 1 JANUARY 2019

Summary of table: During the 2018/19 financial year and since 01 January 2019 no CCMA matter was won or lost. There were no monthly legal fees as services are procured and used as and when necessary.

(i) Nature of dispute / matters heard during the 2018/19 financial year and since 01 January 2019

(aa) Matters or cases lost / won

(iii) Total cost of the case.

(iv) Total cost spend on legal fees monthly

(v) Why was this necessary?

Allegations of unilateral change to the terms and conditions of employment.

The CCMA issued a certificate of non-resolution, and the union did not pursue the matter any further.

No cost was incurred.

Not applicable.

Not applicable

Allegations of unfair labour practice.

The applicant withdrew the matter.

No cost was incurred.

Not applicable.

Not applicable

Allegations of constructive dismissal.

The matter is still on-going at the CCMA.

No cost was incurred.

Not applicable.

Not applicable

Application by the SACAA for the designation as an essential services entity

The matter is still on-going at the CCMA.

R616 436.91

Not applicable.

The matter involves possible limitation of employees’ right to industrial action.

TOTAL

Four (4)

R616 436.91

Not applicable.

Not applicable.

(b) The Road Accident Fund (RAF)

TABLE: 2

(i)(aa) matters heard in 3 financial years,

(ii)(aa) the following number of matters were lost,

and (bb) won,

(iii) the total cost involved in each case is,

(iv) what was spent on legal services in each month,

and (v) it was necessary in each case because,

2015-16 FINANCIAL YEAR

April – November

None

Not applicable

Not applicable

Not applicable

Not applicable

Not applicable

December

RAF v Chilopo

0

1

R202,831.77

R 202,831.77

Attorney appointed due to complexity of the matter

January

None

Not applicable

Not applicable

Not applicable

Not applicable

Not applicable

February

E.Mahlomotja

1

1

R0,00

None

Internally Represented

T. Mazibuko

   

R0,00

 

Internally Represented

2016-17 FINANCIAL YEAR

April

P. Zulu

0

1

R0,00

R0.00

Internally Represented

May

None

Not applicable

Not applicable

Not applicable

Not applicable

Not applicable

June

G. Qobeka

0

2

R194,534.61

R249,016.71

Attorney appointed due to complexity of the matter

P. Keti

   

R54,482.10

 

Attorney appointed due to complexity of the matter

July

P. Hlongwane

1

1

R0,00

None

Internally Represented

N. Ntongolo

   

R0.00

 

Internally Represented

August - September

None

Not applicable

Not applicable

Not applicable

Not applicable

Not applicable

November

D. Creighton

0

2

R96,292.16

R283,193.17

Attorney appointed due to complexity of the matter

E. Moseneke

   

R186,901.01

 

Attorney appointed due to complexity of the matter

December - March

None

Not applicable

Not applicable

Not applicable

Not applicable

Not applicable

2017-18 FINANCIAL YEAR

March

R.J. Mazibuko

0

1

R0,00

None

Internally Represented

April

None

Not applicable

Not applicable

Not applicable

Not applicable

Not applicable

May

J. Sabasa

0

1

R0,00

None

Internally Represented

June - August

None

Not applicable

Not applicable

Not applicable

Not applicable

Not applicable

September

L. Gxanase

0

1

R0,00

None

Internally Represented

October

None

Not applicable

Not applicable

Not applicable

Not applicable

Not applicable

November

M. Mpupu

0

2

R0,00

None

Internally Represented

Z. Dangwana

   

R0,00

None

Internally Represented

December - March

None

Not applicable

Not applicable

Not applicable

Not applicable

Not applicable

2018-19 FINANCIAL YEAR

March

None

Not applicable

Not applicable

Not applicable

Not applicable

Not applicable

April 2018

S. Mlaza

0

1

R0,00

None

Internally Represented

May 2018

T.G. Nonjongo

1

1

R0,00

None

Internally Represented

S. Menziwa

   

R0,00

None

Internally Represented

June - February

None

Not applicable

Not applicable

Not applicable

Not applicable

Not applicable

M. Gcnabana

0

1

R0.00

None

Internally Represented

and (bb) since 1 January 2019 to 28 February 2019,

None

Not applicable

Not applicable

Not applicable

Not applicable

Not applicable

 

(b) The Road Traffic Management Corporation (RTMC)

TABLE 3

2016/17 financial year

NAME

NATURE OF THE CASE

MONTH

FINANCIAL YEAR

OUTCOME

WON / LOST

LEGAL SERVICES COST

Mngomezulu

Gross Negligence and Financial irregularities

July 2016

2016/17

Won

R104 959.80

Mathibe and Lebaka

Gross Negligence

February 2017

2016/17

Mathibe Lost

R108,000

Mabena

Assault and unruly behaviour

Dec 2016

March 2017

2016/17

Won

R82,080

Msiza

Assault

Dec 2016

January 2017

2016/17

Won

R142 000

           
           

2017/18 financial year

NAME

NATURE OF THE CASE

MONTH

FINANCIAL YEAR

OUTCOME

WON/LOST

LEGAL SERVICES COSTS

Msiza

Assault

April 2017/

July/August

2017/18

Won

R205 200

Lebatlang

Gross Negligence

August 2017

2017/18

Won

R41 040

Van der Zandt

Assault

October 2017

2017/18

Lost

R494 240

Williams & others

Alleged Unfair Labour Practice

November 2017

2017/18

Won

R7 200

Williams & Others

Alleged Unfair Labour Practice

December 2017

2017/18

Won

R82 080

Mathibe

Gross Negligence

December 2017

2017/18

Lost

R172 440

2018/19 financial year

NAME

NATURE OF THE CASE

MONTH

FINANCIAL YEAR

OUTCOME

WON / LOST

LEGAL SERVICES COSTS

Khumalo and 17 others

Alleged unfair Labour Practice

May 2018

2018/19

Pending

R62 100

Khumalo & 17 Others

Alleged Unfair Labour Practice

November 2018

2018/19

Pending

R9 800

POPCRU

Alleged Unfair Labour Practice

July 2018

2018/19

Won

R188 800

NEHAWU obo Stephinah Segalagala

Alleged Unfair Labour Practise

August 2018

2018/19

Won

R0.00

Maphiri

Unfair Dismissal

December 2018

2018/19

Won

R0.00

(bb) Matters heard at the CCMA since 1 January 2019

NAME

NATURE OF THE CASE

MONTH

FINANCIAL YEAR

OUTCOME

WON/LOST

LEGAL SERVICES COSTS

Dada

Alleged unfair dismissal

January 2019

2018/19

Pending

R151 130.75

Khumalo

Alleged Unfair Dismissal

January / February 2019

2018/19

Pending

R248 400

NEHAWU

Organisational Rights

January 2019

2018/19

Pending

R0.00

(v) Why it was necessary to spend on each case

The nature of the respective matters together with capacity constraints pre April 2018, necessitated the appointment of external service providers to provide legal services. The RTMC appointed an additional 3 senior labour relations officials in 2018, which appointments have already resulted in reduction of legal costs incurred in the 2018/19 financial year.

(b) The Road Traffic Infringement Agency (RTIA)

TABLE 4

(b) (i) 3 were matters were heard

2016/17 Financial Year

NATURE OF CASE

MONTH

OUTCOME

LOST / WON

LEGAL COST

Why was the spending necessary

Conciliation: Disclosure of information

September 2016

Won

R 0 .00

Not Applicable

Arbitration: Disclosure of Information

October2016

Won

R 0 .00

Not Applicable

Conciliation/ Arbitration: Equal pay for work of equal value

September 2016

Settlement reached

R 0 .00

Not Applicable

2017/18 Financial Year

7 Matters were heard

Conciliation: Unfair labour practice

April 2017

Won

R 0 .00

Not Applicable

Arbitration: Unfair labour practice

May 2017

Won

R 0 .00

Not Applicable

Set down for picketing rules

by SATAWU

June 2017

matter abandoned

R 0 .00

Not Applicable

Conciliation: Working Hours

by SATAWU

July 2017

matter abandoned

R 0 .00

Not Applicable

Arbitration: Working hours

by SATAWU

August 2017 matter abandoned

matter abandoned

R 0 .00

Not Applicable

Arbitration: Housing allowance

August 2017

Won

R 0 .00

Not Applicable

Conciliation/Arbitration: Unfair labour practice ( suspension)

November 2017

Suspension withdrawn

R 0 .00

Not Applicable

2018/19 Financial Year

7 Matters were heard

Conciliation: Equal pay for equal value

February 2018

On-going

R 91 709

Not Applicable

Conciliation: Unfair labour practice

February 2018

Matter withdrawn

R 0 .00

Not Applicable

Conciliation: Dismissal

May to December 2018

June 2018

July 2018

October 2018

Won

R 115 968

R 141 935

R 110 966

The one case involved a senior executive manager therefore the Agency had to employ the services of a legal representation at a cost.

Arbitration: Unfair labour practice

June 2018

On-going

R 0 .00

Not Applicable

Conciliation: Discrimination based on Gender

November 2018

On-going

R 0 .00

Not Applicable

Arbitration : Condonation

Nov and Dec 2018

Won

R 68 598

Not Applicable

Conciliation: Dismissal

December 2018

On-going

R 0 .00

 

Since 1 January 2019

3 Matters were heard

Conciliation: Discrimination on the grounds of Gender

January 2019

On-going

R 0 .00

Not Applicable

Condonation for late referral

February 2019

On-going

R 0 .00

Not Applicable

Arbitration

March 2019

On-going

R 0 .00

Not Applicable

(b) The South African National Roads Agency Limited (SANRAL)

TABLE 5

(b) (i) 0 were matters were heard

2016/17 Financial Year

NATURE OF CASE

MONTH

OUTCOME

LOST / WON

LEGAL COST

Why was the spending necessary

-

-

-

-

-

2017/18 Financial Year

0 Matters were heard

-

-

-

-

-

2018/19 Financial Year

3 Matters were heard

CCMA Dispute: Unfair Dismissal: misconduct related to tender irregularities

July 2018

Parties reached a settlement on the matter:


R0.00

Not Applicable

LRA section 62 Demarcation dispute

August 2018

Applicant (Trade Union) withdrew the dispute:


R144, 793.65

Legal representation was required considering the nature of the dispute

Section 198A Dispute: (TES) labour broking deeming employee provision

Jan 2019

Applicant (Trade Union) withdrew the dispute: technically won


R248, 573.67

Other parties to the dispute were legally represented and for comparative ability reasons SANRAL had to procure the same services

South African Maritime Safety Authority (SAMSA)

(i) (aa) In the past three financial years

Year

No. of Disputes

Month

Nature of Dispute

2016

1

February

Unfair Dismissal*

 

1

May

Unfair Dismissal

 

1

November

Timing of 13th cheque payment

 

1

November

Non-renewal of employment contract

2017

1

January, August

Unfair Dismissal*

 

1

April, August

Non-renewal of employment contract****

 

1

August

Unfair Dismissal***

 

1

September, October, November

Non-renewal of employment contract**

2018

1

January

Non-renewal of employment contract**

 

1

April, June

Unfair Dismissal***

 

1

June, September

Non-renewal of employment contract****

bb) Zero (0)

ii) aa) Lost: Zero (0)

bb) Won: Seven (7)

Year

No. of Disputes

Month

Nature of Dispute

In SAMSA’s favour

2016

1

February

Unfair Dismissal*

Yes

 

1

May

Unfair Dismissal

Yes

 

1

November

Timing of 13th cheque payment

Yes

 

1

November

Non-renewal of employment contract

Yes

2017

1

January, August

Unfair Dismissal*

Yes

 

1

April, August

Non-renewal of employment contract

Settlement Agreement reached

 

1

August

Unfair Dismissal***

Yes

 

1

September, October, November

Non-renewal of employment contract**

Settlement Agreement reached

2018

1

January

Non-renewal of employment contract**

 
 

1

April, June

Unfair Dismissal***

Yes

 

1

June, September, December

Non-renewal of employment contract

Still pending.

2019

Zero

iii)

Year

No. of Disputes

Month

Nature of Dispute

In SAMSA’s favour

Cost

Legal costs

Total costs

2016

1

February

Unfair Dismissal*

Yes

Zero

Zero

Zero

 

1

May

Unfair Dismissal

Yes

Zero

   
 

1

November

Timing of 13th cheque payment

Yes

Zero

   
 

1

November

Non-renewal of employment contract

Yes

Zero

   

2017

1

January, August

Unfair Dismissal*

Yes

Zero

R514k

R1,9m

 

1

April, August

Non-renewal of employment contract

Settlement Agreement reached

R1,4m

   
 

1

August

Unfair Dismissal***

Yes

Zero

   
 

1

September, October, November

Non-renewal of employment contract**

Settlement reached in January 2018

     

2018

1

January

Non-renewal of employment contract**

Settlement Agreement reached

R261k

R735k

R996K

 

1

April, June

Unfair Dismissal***

Yes

Zero

   
 

1

June, September, December

Non-renewal of employment contract

Still pending.

     

2019

Zero

Zero

Zero

 

iv)

Year

Legal Costs

2016

None

2017

R514k

2018

R735k

b)

Year

Cost

2016

None

2017

R1,4m

2018

R261k

v) Legal costs are due to company representation at the CCMA

a) Other costs are due to settlement agreement reached at the CCMA

Ports Regulator of South Africa (PRSA)

b) There are no(I) matters hat have been heard in the CCMA in the past (aa) Three financial years (bb) since 1 January 2019. (ii) (iii)(iv)(v) Not applicable

Passenger Rail Agency of South Africa (PRASA):

(i) (aa) CCMA matters heard in each month in the past three financial years are detailed in the

Annexure as attached.

(bb) CCMA matters heard since 1 January 2019 are detailed in the Annexure as attached.

(ii) (aa) No matters were lost.

(bb) Five (5) matters were won.

(iii) Please refer to Annexure.

(iv) Please refer to Annexure.

(v) Please refer to (iv).

Date

(i)

(a) & (b)

Employee no

Employee Name and Surname

Employee Subgroup

Nature of Dispute

CCMA Outcome

Legal Costs: at the CCMA

31 April 2015

20104010

Pallelo Lebaka

Executive Manager

Failing to protect the right of PRASA in executing one of the contracts that was under way.

Employee Claims were dismissed

No Legal Costs applicable

16 April 2016

20108387

Mudzungu Mudau

HCM: Intern

Unfair Termination of contract of Employment

Employee Claims were dismissed

No Legal Costs applicable

16 April 2016

20108399

Surprise Mthombeni

HCM: Intern

Unfair Termination of contract of Employment

Matter was dismissed

No Legal Costs applicable

27 July 2018

20106955

Mavhungu Mahunganei

Project Manager

Unfair conduct - promotion/demotion/probation/training/benefits

Matter was dismissed

R126,000-77.

09 January 2019

20012266

Luyanda Gantsho

General Manager

Unfair dismissal

Matter ended at the conciliation

No Legal Costs applicable

Railway Safety Regulator (RSR):

CCMA matters heard in each month in the past three financial years are:

 

(i)(aa)

Month

2016/2017

2017/2018

2018/2019

January

-

-

Alleged unfair labour practice related to promotions/demotions

February

-

-

Alleged unfair labour practice related to promotions/demotions

March

Misconduct dismissal

-

Alleged unfair labour practice related to promotions/demotions

April

Misconduct

-

-

May

-

Misconduct dismissal.

-

   

Alleged refusal to bargain x 2

 

June

Misconduct dismissal

Misconduct dismissal

Alleged unfair labour practice related to promotions/demotions x 6

 

Non-confirmation of probation

   
 

Unfair suspension

   

July

-

-

-

August

-

-

Alleged unfair labour practice related to promotions/demotions x 2

September

Misconduct dismissal

Dismissal unknown.

Alleged unfair labour practice related to promotions/demotions x 2

   

Agency shop agreement

 
   

Alleged refusal to bargain x 2

 

October

-

-

-

November

-

-

-

December

Improper conduct and insubordination

-

-

 

Unfair suspension

   

CCMA matters heard since 1 January 2019 are:

 

(i)(bb)

Date

CCMA Matter

8 January 2019

Alleged failure to consult on s189

31 January 2019

S6 EEA – Prohibition of Unfair Discrimination

1 February 2019

Alleged unfair conduct related to promotion

27 February 2019

Alleged unfair dismissal

 

Alleged non-renewal of fixed-term contract x 2

6 March 2019

Alleged unfair labour practice related to promotion

8 March 2019

Alleged unfair conduct related to provision of benefits

12 March 2019

Alleged unfair dismissal

(ii) (aa) Two (2) matters are taken on review, which is currently in progress.

(bb) Six (6) matters were won.

(iii) Compensation of about R600,000 which is currently a subject of review.

(iv) In-house capacity was used and thus there is no financial implications.

(v) As internal resources were used, no costs were incurred.

03 April 2019 - NW687

Profile picture: Waters, Mr M

Waters, Mr M to ask the Minister of Transport

(1)With reference to the reply to question 898 on 20 April 2018, (a) what exactly is the grant money for, (b) is there a contract with his department for the grants and (c) what proportion of the grants are allocated to capital expenditure; (2) what is the total breakdown of all capital expenditure for each of the five phases up to and including completion; (3) what was the exact (a) operating costs, (b) fare income and (c) Council funding for each specific cost including operational in the (i) 2016-17, (ii) 2017-18 and (iii) 2018-19 financial years?

Reply:

1.(a) The Public Transport Network Grant is a conditional grant (under the Division of Revenue Act) to selected municipalities to accelerate the implementation of Integrated Public Transport Networks.

(b) Municipalities submit an annual budget proposal and business plan in the year prior to the budgeted municipal financial year which forms the basis for approving and monitoring PTN Grant spending by the DoT.

c) The proportion of the PTN Grant allocated to capital spending can very per city project design depending on the quantity of infrastructure required and the amount of compensation of existing operators. As a rough guide, up to the present, at least 60 to 70% of the Grant has been going to capital in the larger metropolitan cities that are operating proper scale Phase 1 systems.

Please note that the premature launch of Harambee in Ekurhuleni in 2017 with just 8 buses is at such a suboptimal scale that it cannot be viewed as a pilot Phase 1 project let alone a viable bus service. The city was meant to expand to 80 buses carrying 20 000 a day in 2018 and currently is still under a quarter of this.

The DoT has met with the city in June and September 2018 and March 2019 and put them on notice that they need to scale up to a proper operation of at least 40 buses in calendar 2019 or risk DoT invoking Division of Revenue Act powers to withhold transfers.

(2) Due to a lack of capacity and lengthy delays, the DoT is just looking to have a proper Phase 1 up and running over the next 5 years that will link Tembisa, Kempton Park, OR Tambo International Airport, Boksburg and Vosloorus. We expect this to cost a total of R5 to 6 billion in capital and when mature to carry around 100 000 weekday passenger trips.

The DoT will not allow any grant spending on other phases until the city can prove that it is running Phase 1 successfully. This is likely to take 3 to 5 years. At that stage future phases will have to be redesigned and costed to scale down on infrastructure.

(3) (a,b,c) In 2016/17 the City estimates operating costs at R68m with no fare income as they were only running a test service. In 17/18, the City estimates operating costs at R143m and the DoT estimates fare income at a truly negligible R1m or less due to the very limited service which was not viable from the start. In 18/19 the City estimates operating costs at R300m including indirect operating costs and fare income at R20m.

The city has not been forthcoming regarding Council contributions, but the DoT estimates it at around R40 to R50 million per year in question.

In conclusion, the Harambee project needs to professionalize and be run viably with properly balanced costs and revenues and passengers. After appealing for this for over 2 years, the DoT has now given the city until the end of 2019/20 to completely zero base all costs and rescale all operations to be viable and balanced and not a token white elephant. There is currently no excuse open to the city for the current mess and what remains is to drastically turn things around in 2019/20 or face the consequences.

03 April 2019 - NW686

Profile picture: Waters, Mr M

Waters, Mr M to ask the Minister of Transport

(1)With reference to the reply to question 898 on 20 April 2018, do the operating costs stated only include the limited kerbside services or a fully operational phase 1; if so, how is the huge cost of limited kerbside services justified; (2) do the operational cost include the paying of consultants; if so, (a) what amount is to be paid to consultants in each year, (b) on what date will the consultants contracts come to an end and (c) what is the purpose of employing consultants in each case?

Reply:

1. The operating costs are based on a very limited kerb side pre-pilot service with 6 operational buses initially. While this would have been palatable if scaled up to aPhase 1-like 40 and then 80 buses carrying over 20 000 average weekday passenger trips within 6 months to a year, this did not happen and hence the current scale of costs and ridership is unbalanced and unviable.

Despite 2 years of DoT appeals, the city has proven incapable of correcting this. Hence a final warning has been communicated to the city project team in March 2019 and they have 6 months to rebalance costs and revenues and move to viability.

2. a) Amount: R 50 million per annum

b) June 2020

c) To increase the City’s capacity

03 April 2019 - NW558

Profile picture: De Freitas, Mr MS

De Freitas, Mr MS to ask the Minister of Transport

(a) What investments have been made in each month by (i) his department and (ii) entities reporting to him (aa) in the past three financial years and (bb) since 1 April 2018, (b) what was the nature of each investment, (c) why was each investment made in each case, (d) what were the projected returns in each case, (e) who represented the department or entity when negotiating the investments, (f) on what date was each investment made, (g) what returns have been enjoyed to date in each case and (h) with whom were investments made in each case?

Reply:

(a)(i)(aa) None

(a)(i)(bb) None

(b), (c), (d), €, (f), (g), (h) Not applicable

Air Traffic and Navigation Services SOC Limited (ATNS)

  1. R250 million was put into a six-month fixed term deposit with Nedbank from March 2016 – September 2016.
  2. Six-month fixed term deposit
  3. Maximize interest received
  4. 7.65%
  5. Chief Financial Officer
  6. March 2016 to September 2016
  7. 7.65%
  8. Nedbank – being the transactional banker at the time

Cross-Border Road Transport Agency (CBRTA)

(i0 (a) No investments were made by (ii) the CBRTA (aa) in the past three financial years and (bb) since 1 April 2018, consequently questions (b), (c), (d), (e), (f), (g) and (h) are not applicable.

Road Accident Fund (RAF)

(j) (a) No investments were made by (ii) The RAF has not made any investments (in the sense of “funds under management”) (aa) in the past three financial years and (bb) since 1 April 2018, consequently questions (b), (c), (d), (e), (f), (g) and (h) are not applicable.

Road Traffic Management Corporation (RTMC)

(i) (a) No investments were made by (ii) The RTMC has not made any investments (aa) in the past three financial years and (bb) since 1 April 2018, consequently questions (b), (c), (d), (e), (f), (g) and (h) are not applicable.

Road Traffic Infringement Agency (RTIA)

(i) (a) No investments were made by (ii) The RTIA has not made any investments (aa) in the past three financial years and (bb) since 1 April 2018, consequently questions (b), (c), (d), (e), (f), (g) and (h) are not applicable.

South African National Roads Agency Limited (SANRAL)

(a) Please refer to the attached spreadsheet for a detailed response. (Annexure ‘A’)

South African Civil Aviation Authority (SACAA)

(a) (i) Not applicable. (a) (ii) (aa) The South African Civil Aviation Authority (SACAA) has not made any investments in the past three financial years other than depositing surplus funds in call accounts with banking institutions as disclosed to National Treasury on an annual basis as per Treasury Regulations.

(aa) and (bb) As per table below – Deposits in call accounts: 

 

 

2016/03/31

2017/03/31

2018/03/31

2019/02/28

SACAA Call Accounts

Balance

Balance

Balance

Balance

Investec Call account

26 816 234

28 711 924

30 687 860

32 540 602

Absa Call account

26 675 429

28 391 238

30 164 946

31 810 956

Nedbank Call account

25 811 325

27 584 337

29 438 724

31 173 458

Standard Bank Call account

109 922 727

155 916 512

206 096 735

195 026 950

Total Call Account Balances

189 225 715

240 604 011

296 388 266

290 551 966

b) the nature of each investment & (c) why each investment was made in each case: the call accounts are utilised to invest surplus funds.

c) the projected returns in each case: rates on call accounts as published by the respective banks from time to time.

d) who represented the entity when negotiating the investments: the Chief Financial Officer and the Senior Manager: Finance as per the approvals and Delegation of Authority.

e) on what date each investment was made: on a daily basis all surplus cash identified is invested in a call account.

(g) The Annual returns as per the financial statements is:

Current year to 28 February 2019 R16 983 320

Year ended 31 March 2018 R17 006 783

Year ended 31 March 2017 R14 549 007

(h) with whom investments were made in each case: Standard Bank, Investec, ABSA, and FNB.

Ports Regulator of South Africa (PRSA)

(a)(ii) The Ports Regulator has not made any investments in the past (aa) three financial years

and since (bb) 01 April 2018.

(b)(c)(d)(f)(g)(h) Not applicable

Railway Safety Regulator (RSR):

a) The RSR invests only in the Corporation for Public Deposits (CPD) at the South African Reserve Bank. Withdrawals at CPD can be done at any time at no charge. The RSR earns interest from these investments.

(aa) The following investments were made in the past three financial years:

2015/2016 R7,105,000

2016/2017 R81,000,000

2107/2018 R144,700,000

(bb) An amount of R189,900,000 was invested since 1 April 2018.

b) The nature of each investment were short term deposits with the CPD at the South African Reserve Bank.

c) Each investment was made for the purpose of earning interest.

d) The projected returns were for interest earned at variable interest rates.

e) No negotiations took place when deposits were made to the CPD.

f) The dates on which each investment was made are as follow:

2015/2016

Date

Amount Invested

2015/11/25

5,000

2015/12/04

1,000,000

2015/12/23

1,000,000

2016/01/20

5,000,000

2016/03/30

100,000

Total

R7,105,000

2016/2017

Date

Amount Invested

2016/08/15

40,000,000

2016/10/12

7,500,000

2016/11/02

25,000,000

2016/12/28

7,500,000

2017/01/11

1,000,000

Total

R81,000,000

2017/2018

Date

Amount Invested

2017/04/21

5,000,000

2017/04/21

5,000,000

2017/04/21

5,000,000

2017/04/21

5,000,000

2017/04/21

5,000,000

2017/07/04

2,000,000

2017/07/13

4,000,000

2017/07/13

2,000,000

2017/07/20

4,500,000

2017/07/20

4,500,000

2017/07/20

4,500,000

2017/07/20

3,500,000

2017/07/20

4,500,000

2017/07/20

4,500,000

2017/07/20

4,500,000

2017/07/20

4,500,000

2017/07/20

4,500,000

2017/07/20

4,500,000

2017/07/20

4,500,000

2017/07/20

4,500,000

2017/07/20

4,500,000

2017/07/20

4,500,000

2017/07/20

4,500,000

2017/07/20

4,500,000

2017/07/20

4,500,000

2017/07/21

4.500.000

2017/08/01

14,000,000

2017/10/13

3,000,000

2017/10/17

1,500,000

2017/10/18

5,000,000

2017/10/18

700,000

2018/01/15

500,000

2018/02/19

2,000,000

2018/02/23

700,000

2018/03/12

4,000,000

2018/03/15

300,000

Total

R144,700,000

2018/2019

Date

Amount Invested

2018/04/07

4,800,000

2018/04/24

20,000,000

2018/06/20

80,000,000

2018/06/21

40,000,000

2018/06/26

25,000,000

2018/06/24

4,500,000

2018/10/12

1,000,000

2018/10/19

1,500,000

2018/10/26

11,500,000

2018/11/09

1,600,000

Total

R189,900,000

g) Returns enjoyed to date are:

2015/2016 R396,953 interest earned

2016/2017 R1,061,724 interest earned

2017/2018 R2,096,959 interest earned

2018/2019 R5,473,457 interest earned from 1 April 2018 to 28 February 2019

h) The RSR invested only in the Corporation for Public Deposits (CPD) at the South African Reserve Bank

South African Maritime Safety Authority (SAMSA)

 

(aa) in the past three financial years

(bb) Since 1 April 2018

(b) Nature of investment

Monies, for which we do not have an immediate need for, are transferred from the current bank account to a call account in order to maximise interest earned.

(c) Why was the investment made

 

(d) Projected Returns

Interest rates can vary from time to time, but the rates are currently:

Current Account – 5.25%

Call Account – 5.6%

(e) Who represented SAMSA in negotiations

There are no negotiations – these accounts were set up many years ago. Transfers to and from the Call account are authorised by the Chief Financial Officer and released by 2 bank signatories as per the Delegation of Authority.

(f) Date of Investment

Various dates as and when surplus monies are identified so that we can maximise interest earned.

(g) Return on investments received

The following interest was received in:

2016 – R401 000

2017 – R688 000

2018 – R2 534 000

From 1 April 2018 to 31 January 2019 SAMSA received interest of R2 315 000

(h) Investments made with

ABSA Bank

ABSA Bank

Airports Company South Africa SOC Limited (ACSA)

Airports Company South Africa has a Board approved Investment Policy which governs the investment of surplus funds in line with the Section 31.3.1 of the Treasury Regulation which stipulates the following “A government business enterprise listed in Schedule 2, 3B and 3D or a public entity listed in Schedule 3A or 3C authorised to invest surplus funds, must have an investment policy approved by the accounting authority”.

Please see attached Investment portfolios, addressing the following questions: (a) What investments have been made in each month by (ii) entities reporting to him (aa) in the past three financial years and (bb) since 1 April 2018, (b) what was the nature of each investment, (d) what were the projected returns in each case, (f) on what date was each investment made, (g) what returns have been enjoyed to date in each case and (h) with whom were investments made in each case?

(e) The Company’s Treasury Department under the Finance Division is responsible for negotiating the investments of surplus cash on behalf of the company.

(b) The Company invests in various instruments such as money market funds, term deposits, income funds and call deposits which ensures that the company is able to meet its financial obligations at all times.

(c) The Treasury Department invests surplus cash in accordance with the Board approved policy to ensure that capital is preserved, adequate liquidity is maintained, and returns are optimised. The counterparty risk is managed by monitoring and diversifying the list of approved counterparties. To mitigate credit risk, the Treasury Department conducts credit risk assessment of investment counterparties whenever there is new information such as financial statements and credit rating reports. In addition, the Company invests with institutions and funds with a minimum national long-term credit rating of A- or equivalent and/or minimum national short-term credit rating of F1 or equivalent.

The Board Approved Investment Policy further stipulates the following thresholds regarding counterparties and approved financial instruments for the investment of surplus cash: counterparty limit, asset class allocation, credit rating limit, weighted average duration, assessment of investment instruments based on liquidity requirements and financial instruments and products.

Airports Company Investment portfolio as 30th June 2018

Airports Company Investment portfolio as 30th September 2018

Airports Company Investment portfolio as 31st December 2018