ATC190319: Report of the Select Committee on Economic and Business Development on National Land Transport Amendment Bill [B 7D-2016] (s76), dated 19 March 2019

NCOP Economic and Business Development

Report of the Select Committee on Economic and Business Development on National Land Transport Amendment Bill [B 7D-2016] (s76), dated 19 March 2019.
 

The Select Committee on Economic and Business Development, having considered the National Land Transport Amendment Bill [B 7D -2016 (s76), referred to it, reports that it has agreed to the Bill with amendments.

 

Purpose of the Bill

 

The Bill seeks to amend the National Land Transport Act, 2009, (Act No. 5 of 2009) (“Act”), to insert certain definitions and amend others; to provide for non-motorised and accessible transport; to bring the Act up to date with developments since the implementation of the Act; to provide for certain powers of provinces to conclude contracts for public transport services; to expand the powers of the Minister to make regulations and introduce safety measures.

 

Further the envisaged Act seeks to prescribe criteria and requirements for municipalities to enter into

contracts for public transport services; to amend other transport-related legislation to bring it into line with the Act. Furthermore, the Bill seeks to clarify or simplify various provisions or solve problems that have arisen since the implementation of the Act; and to provide for matters connected therewith.

 

Process followed by the Committee

 

The National Land Transport Amendment Bill [B 7D -2018 (s76), was referred to the Select Committee on Economic and Business Development on 24 April 2016. The Department of Transport was invited to brief the Committee on 05 June 2018.

 

The Committee advertised the Bill for two weeks inviting all interested stakeholders to submit written submissions. The advert indicated that stakeholders could make written as well as oral submissions.

The Committee facilitated public participation, and received submissions 11, including a submission from the South African Local Government Association (“SALGA”), prior to the closing date. One submission was received after the closing date. All of the submissions were considered. Further all submitters were invited to make oral submissions. Only 9 submitters availed themselves to make oral presentation and 3 submitters declined. A submission from SALGA contented that some clauses in the Bill as unconstitutional. The Committee requested advice from Parliamentary Legal Services and a presentation of the legal opinion was made to the Committee by a Parliamentary Legal Advisor. SALGA expresses its disagreement with the advice given by the Parliamentary legal advisor in the Committee. The Committee then directed the Parliamentary Legal Advisor, State Law Advisor, the Department and the Legal representative from SALGA to further observe and reflect on the constitutionality of the Bill. The Parliamentary Legal Advisor and State Law Advisor, except the SALGA’s legal representative gave a feed-back further attesting that the proposed amendments in the Bill, are consistent with the Constitution.     

On 9 October 2018, Department of Transport responded on the submissions received, and 12 and 19 February 2019 the Committee deliberated on the content of the Bill. The Committee further reports that all the issues raised during public hearings were considered, including the advice of the Department.

Having considered the matters raised, the Committee agreed to adopt the Bill with amendments as follows:

CLAUSE 6

1.         On page 5, in line 23, to omit the first “and” and to substitute a comma.

CLAUSE 7

1.         On page 6, in line 48, to omit “may” and to substitute “must”.

CLAUSE 16

1.         Clause rejected.

NEW CLAUSE

1.         That the following be a new clause:

            “Amendment of section 24 of Act 5 of 2009

16. Section 24 of the principal Act is hereby amended by the substitution for

subsection (1) of the following subsection:

‘(1) Each Provincial Regulatory Entity must—

(a) monitor and oversee public transport in the province;

(b) receive and decide on applications relating to operating licences for

intra-provincial transport [where no municipality exists to which the

operating licence function has been assigned], but excluding applications that must be made to the National Public Transport Regulator in terms of section 21 or to a Municipal Regulatory Entity in terms of section 18;

(c) obtain and keep up to date the prescribed information in the Operating Licence Administrative System contemplated in section 6 insofar as it relates to its functions on the following:

(i) Particulars of associations operating in its area, their members and the vehicles operated by them;

(ii) particulars of operators operating in its area who are not members of those associations and the vehicles operated by them, in this section called non-members; and

(iii) in the case of minibus taxi-type services, particulars of the routes

operated by the associations and non-members operating in its areas, the descriptions of which routes must correlate with those in

the relevant integrated transport plans;

 (d)         invite comments and complaints from interested parties, including the general public, and take appropriate action in response thereto; and         

(e)          advise the MEC on the treatment of all passengers using public transport, including targeted categories of passengers.”.

CLAUSE 40

1. On page 18, from line 29, to omit subsection (2).
2. On page 18, in line 36, to omit “(3)” and to substitute “(2)”.
3. On page 18, in line 38, to omit “(4)” and to substitute “(3)”.
4. On page 18, in line 46, to omit “(5)” and to substitute “(4)”.
5. On page 19, in line 1, to omit “(6)” and to substitute “(5)”.
6. On page 19, in line 5, to omit “(7)” and to substitute “(6)”.
7. On page 19, in line 14, to omit “(8)” and to substitute “(7)”.
8. On page 19, in line 14, to omit “(7)” and to substitute “(6)”.

 

CLAUSE 50

 

1.     On page 21, in line 36, to omit “66A(7)” and to substitute “66A(6)”.

 

Report to be considered.