ATC230907: Report of the Portfolio Committee on Transport on the Public Hearings Held on The Railway Safety Bill Dated 9 May 2023

Organisation

Presenter

23 August 2022

Bombela Concession Company (BCC)

Mr T Shamu

Gautrain Management Agency (GMA)

Mr T Kgobe

Passenger Rail Agency of South Africa (PRASA)

Mr J Rakgoathe

COSATU

Mr M Parks

24 August 2022

Mpumalanga Agri

Mr A Scheepers

Bombela Operating Company

Mr T Mndaweni

BOMBELA CONCESSION COMPANY (RF) (PTY) LTD

Clause of the Bill

Comment

DOT Response/Action

GENERAL

Please note that proposed deletions to the wording of the Railway Safety Bill (“the Bill”) are

indicated by strikethrough font, proposed additions to the wording of the Bill are indicated in

[square bracketed underlined Italics], and comments on the Bill are indicated in the table

below in the column entitled “Comment”).

1

"network operator" means

(i) a person who is ultimately responsible and accountable, for the construction, operation

or maintenance of a railway, including:

(a) the safety of a network or part thereof, including the proper design, construction, operation, maintenance and integrity of a network;

(b) ensuring compliance of rolling stock with the applicable

standards of a network; or

(c) authorising and directing the safe and secure movement of

rolling stock on a network;

Agree to delete the word “ultimately”.

See “operator proposal” at the end of this matrix.

1

New definition

[“concession network

operator” means the entity within a Public Private Partnership arrangement that, although not the owner of the network, is contractually, practically and physically responsible for the operation of a railway, including:

(a) the safety of a network or part thereof, and

(b) authorising and directing the safe and secure movement of

rolling stock on a network;]

Disagree. The definition is not used in the Bill and therefore not accepted.

See “operator proposal” at the end of this matrix.

1

New definition

[“Public Private Partnership arrangement” means a public private partnership or PPP as that term is defined in terms of Treasury Regulation 16 to the Public Finance Management

Act, No.1 of 1999;]

Disagree. The definition is not used in the Bill and therefore not accepted.

See “operator proposal” at the end of this matrix.

1

‘‘operator’’ means a network operator, train operator or station operator or any combination thereof; but in the case of a person who is a concessionaire or who

operates, constructs, maintains or manages a railway on behalf of another person who owns

the relevant assets, that

concessionaire or that person who so operates, constructs, maintains

or manages that railway is, for purposes of this definition, regarded as being the network operator;

Comments accepted, the definition is adequately defined where used.

Take out “who is a concessionaire or”.

See “operator proposal” at the end of this matrix.

1

“safety permit” means a license issued to a concession network operator, network operator, train operator or station operator or any combination thereof, to construct, operate or maintain a railway operation;

Definition encapsulates all railway system operations or operational activities.

To be left as is.

1

‘‘station operator’’ means a person in control of a station, and the management of a station; but in the case of a person who is a concessionaire

or who operates, constructs, maintains or manages a railway on behalf of another person

who owns the relevant assets, that concessionaire or that person who so operates, constructs, maintains or manages that railway is, for purposes of this definition, regarded as being the network operator;

Definition should include part of the network that runs through the station.

The integration into network should assist in providing certainty as to who is responsible for what in a station and station precinct.

See “operator proposal” at the end of this matrix.

7(1)(a)

7. (1) The Regulator must, for purposes of achieving its objects as contemplated in section 6—

(a) perform its functions in a fair, equitable, transparent, efficient, [reasonable] and cost

effective manner;

Comment not accepted. An organ of state must in terms of the Constitution in any case act reasonably.

7(1)(d)(i)

7(1)(d)(i) developing guidelines for safe railway and railway operations [in consultation with operators].

Comment not accepted.

30(1)

30. (1) Any person who wants to undertake any railway or railway operation must apply to the Regulator, in the

prescribed manner, for a safety permit [as defined.] but in the case of a person who

(a) is a concessionaire;

(b) operates, constructs,

maintains or manages a railway; or

(c) conducts or undertakes

railway operations on behalf of another person who owns, finances or controls the relevant assets, that concessionaire or that person who so operates, constructs, maintains or manages that railway or who so conducts or undertakes such railway operations is,

for purposes of this Chapter, regarded as being the applicant or safety permit holder, as the case may be.

Disagree.

If the “operator proposal” is accepted, then “permit proposal” should be considered. Both are at the end of this matrix.

27(b),

30(2), 66

1) The manner in which the fee is determined is not

specified.

2)Annual increases should be subject to a reasonable cap.

The comment is not accepted; the fees are dealt with in a safety permit fee determination/regulation in sufficient detail.

30(4)(b)

(4) The Regulator may, upon receipt of any application contemplated in subsection (1), prior to taking a decision,

require the applicant—

(a)…;

(b) subject to section 40(2), cause an independent review [at the cost of the Regulator], to be conducted of the

information or evaluation of the samples or objects supplied by a person approved as prescribed by the Regulator;

Comments not accepted. The review may be as a result of insufficient/inadequate submission by the operator.

30(5)(a)(i)

This section is vague.

What measures will the Regulator use to determine the duration of the permit?

The comment is not accepted. Taking into account the outcomes of the safety permit assessments-the risk levels, level of compliance and the maturity of the SMS. 

31(2)

31(2) The Regulator may, subject to subsection (3) and in justifiable circumstances [after

consultation with the affected network operator], impose special conditions in addition to

and not inconsistent with the safety permit conditions contemplated in subsection (1) relating to any relevant matter, including.

The comment is not accepted. Will only be done in justifiable circumstances as stated in clause 31 (2) of the Bill.

32(1)

Please clarify what is meant by “justifiable

circumstances”? This wording is vague. We

suggest that specific instances of what

constitutes “justifiable circumstances” be included.

The comment is noted but not accepted. This is not vague, as it means the RSR will have to in terms of admin law have to justify its decision. Including specific instances excludes all others.

33(2)

We propose that the power to suspend or revoke a safety permit sit with the CEO, provided the CEO has Board approval to take such action. Given the extreme consequences of such an action it is preferable for this power to sit with a

higher decision-making body.

The comment is noted but not accepted.  The provision refers to the Regulator (The CEO acts on behalf of the Regulator according to the delegated authorities which includes to issue and to revoke/suspend a permit.

39(3)

39(3) The Regulator may, in writing, require a safety permit holder to provide the Regulator, within a [reasonably] specified

time or on a regular basis, with relevant data, information,…

The comment is noted but not accepted. an organ of state must in terms of the Constitution in any case act reasonably.

44(3)(a)

44(3a) A railway safety inspector may, for purposes of subsection (1) and subject to subsection (2)— (a) enter and search any premises; [provided it is safe to do so].

The comment is noted but not accepted, in the discretion of the inspector.

CAIA (CHEMICALS & ALLIED INDUSTRIES ASSOCIATION)

Clause of the Bill

Comment

DOT Response/Action

General

CAIA would like to understand, apart from what is given in the Bill and Memorandum, the reasons for the Act’s review and ultimately the proposed repeal of the entire existing Act. Furthermore, the Bill states that Regulations in existence remain in force as if they had been made under the Bill. Please confirm that this means that the existing Act is not repealed to the extent that this provision becomes null and void.

A new Bill was a neater way of incorporating the many revisions that were introduced herein.

The regulations issue is dealt with under clause 69(2) dealing with transitional provisions and savings.

1

The term “concessionaire” should be defined for the specific context of the Bill.

Addressed above on the Definitions.

1

The matter of the need for international alignment regarding the concept of “dangerous goods” should be discussed between stakeholders. The Bill refers to a domestic standard developed by the South African Bureau of Standards. The Standard should be updated regularly in line with the agreed approach to update it according to the international standard. However, this process is administratively burdensome, slower than it needs to be and results in a document that needs to be purchased. Please also consider this comment when reviewing Section 36. Are the “Railway Safety Standards” to be South African National Standards? This should be discussed with stakeholders.

Comments noted.

7(2)(a)

“railway industry associations” is referred to but is restrictive. The Chemical and Allied Industries’ Association is not such an association but still provides valuable fora where matters of railway safety can be discussed. In fact, the Railway Safety Regulator is part of the Responsible Care® Standing Committee fora. The proposed replacement text is: “relevant industry associations”.

Comments noted, other non-railway institutions are included in 7(2)(c) (relevant bodies and institutions). The proposal is therefore not accepted.

7(2)(d)

In order to provide clarity, both domestic and international experts should be catered for by adding the words “domestic and/or international;” after the word “engage”.

Comments noted but not accepted. The provision is general and does not limit the engagement to only domestic persons.

10

Regarding the composition of the Board, CAIA would like to understand why industry is not provided for. The standard definition of civil society does not include industry. CAIA does not support this section without industry involvement. Preferably this should include both the private and state-owned entities.

The aim is to have experts in the board and not industry representatives.

10(4)

It is not understood why the majority of Board members must be non-executive members.

Basic governance principle.

13(1)(c)

it is not understood why i) “at least one-third of non-executive members may retire annually”; and ii) why the Memorandum section of the document uses the word “must”. Once the terms are aligned there should be further explanation for this requirement.

Agree. “may” must be “must”.

22

A matter for discussion is whether provision needs to be made for cases where applicants should still be considered if he/she has resigned from a post prior to a disciplinary hearing.

Not in the Act.

24

It should be provided for that the responsibility to develop the organogram lies with the CEO.

This is an operational matter.

25, 26

The inclusion of the concept of “in good faith” in the Bill is not supported at all but noted to only be included in the “Limitation of liability” and “Documents” sections. Whatever is undertaken as a part of the requirements of the Act cannot be only in “good faith”; especially when it comes to being liable.

Disagree.

Employees of the Regulator are always expected to act in an honest and proper way.

35(1)

The evaluation of prospective training institutions must be prescribed in Regulation. CAIA proposes “in the prescribed manner” is added after “must evaluate prospective training institutions”.

Disagree. Minister should not be prescribing the process of evaluation.

41(3)(b)

CAIA does not support that Railway Safety Inspectors are also Peace Officers as this confers too much power outside of their intended mandate.

Comments are noted and not accepted

The idea is to give them more teeth in the exercise of their duties. There are sufficient safeguards in law to control the exercise of their powers even if they are peace officers.

44(1)

A warrant should only be obtained if required. The latter words “if required” should be included after the words “on the authority of a warrant”.

Comments are noted but not accepted.

Clause 43 provides for warrantless compliance inspections. Powers to enter and search rail incidents? It is thus unnecessary to include “if required” since section 3 comprehensively deal with warrantless inspections.

55

Appeal to Board Appeals Committee – CAIA is of the view that the CEO should not be a part of this Committee as the CEO would have already made a decision on the appeal – this having led to the person approaching the Board Appeals Committee.

Agree. Already provided for in clause 19(3) and (4)

COSATU

15 OCTOBER 2021

Clause of the Bill

Comment

DOT Response/Action

General

COSATU welcomes the tabling of the Railway Safety Bill.  This is a progressive and long overdue initiative.  COSATU supports the progressive provisions of the Bill and supports its passage.

COSATU is however worried that many key clauses in the Bill are silent, vague or worrying on many important issues.  These include:

• Failing to provide for and in fact de facto exclusion of representation of workers on the Railway Safety Board;
• No fixed requirements for Board meetings annually;
• No provision for and in fact undermining collective bargaining on labour matters;
• Vagueness about the composition of the Consultative Forum;
• Limiting enforcement inspections to working hours in most circumstances;
• Denying employees the right to appeal to the Chief Executive Officer or Board Appeals Committee; and
• Complete silence on who is responsible for ensuring the safety of commuters and pedestrians at rail crossings and rail lines; and

Complete silence on the debilitating levels of copper theft, arson, vandalism and general criminality that is crippling Transnet and collapsing Metro Rail

Participation is voluntary.

Labour laws are applicable.

Outside the scope of the Bill.

Outside the scope of the Bill.

The RSR is responsible for safety and security oversight while the operator is responsible for these. The RSR will only issue a safety permit to operators whose Safety Management System indicate adequate controls for the safety of commuters and security of assets.

10

COSATU is deeply disappointed that the Bill fails to provide for representation of organised labour on the Board. 

This is despite COSATU and unions organising railway workers having raised this with the Department in their consultations on the Bill.  This is in spite of a specific assurance given to organised labour by the Minister for Transport, Fikile Mbalula, that this would be included.

Workers run the railways.  They have extensive experience in railway safety matters.  They would bring invaluable knowledge and expertise to the Board.  Their inclusion will help to ensure the collective buy in of the workers tasked with ensuring the safe running of the rail networks.

Organised Labour needs to be afforded representation.  This needs to be provided for in the Bill.  The existing clause speaking to expertise in labour can be interpreted to human resource managers or labour lawyers. 

Organised labour needs to be afforded at least two representatives to ensure that the diversity of organised labour in passenger and freight rail is reflected as they represent distinct conditions.  It is fundamental that these representatives be selected by organised labour and not imposed upon them by government in order to ensure a sense of representivity and accountability.

COSATU Proposal:

A new sub-clause 10 (1) (b) be inserted providing for not less than two representatives of organised labour reflective of passenger and freight rail to be selected by organised labour and included in the Board.

Dealt with above on page 9.

The aim is to have experts in the board and not industry representatives.

15 (d) (i) and (ii)

Clause 15 (d) (i) and (ii) prohibit the inclusion of any person in the employ of government, be it in the public service or any 0other organ of state. This would prohibit any worker employed by Transnet or Metro Rail from serving on the Board.

This would deny workers effective representation on the Board and representation that would include invaluable experience and expertise. The exceptions provided for this for government representatives, should be extended to organised labour representatives.

COSATU Proposal:

Sub-clause 15 (d) (ii) be extended to exclude organised labour representatives from Sub-Clauses 15 (d) (i) and (ii).

Government officials do not form part of the board, other than those contemplated in clause 10(2)(c), (d) and (e).

17

Clause 17 is silent on the minimum requirement of Board meetings to take place annually.  This is against the norm in legislation which stipulate Boards should meet at least once per quarter.

The danger of the Bill failing to stipulate a minimum number of required meetings annually, is that the Board may choose to meet once a year or even less.  This will undermine its ability to function and fulfil its legal mandates. 

The Minister and Board members will have little recourse as the Bill is silent and thus the Board could not be held accountable.  At the same time the Board has a critical role to play against a context of large-scale copper theft, vandalism, arson and criminality plaguing Transnet and Metro Rail on a daily basis.

The Bill should be amended to require the Board to meet at least quarterly.

COSATU Proposal:

A new 17 (2) be inserted to require the Board to meet at least once per quarter.

Board members have fiduciary duties which makes them accountable, in addition to PFMA requirements.

Meetings are covered in the Board charter.

24 (2) (a), (3) and (4)

The Bill is silent on the constitutional right to collective bargaining and for workers to be engaged on their conditions of service.  The provisions in the Bill undermine collective bargaining and occur against a backdrop of government increasingly seeking to collapse or at least ignore collective bargaining and the voice of workers.  This goes against the traditions of collective bargaining and engaging workers at Transnet, Metro Rail and the existing Regulator.

It does not make sense for the state or workers, for the Regulator to establish its own provident fund and medical aid when the Government Employee Pension Fund and Government Employee Medical Scheme already exist and all state employees should be included in them.

COSATU Proposal:

Sub-clauses 24 (2) (a) and (3) be amended to include “in consultation with organised labour and subject to any collective agreement”.

Sub-clause 24 (4) be amended to provide for employees of the Regulator to be included in the Government Employee Pension Fund and Government Employee Medical Scheme.

Provided for in the Constitution and in labour legislation.

Clause 24(3) to be removed from the Bill to eliminate potential conflict with the Labour legislation.

38

Clause 38 provides for the establishment of consultative fora.  Yet it does not indicate or provide any criteria as to who should be included in such a forum.  This can undermine the very progressive intention of this clause. 

It needs to indicate criteria, e.g. organised labour, commuters, businesses, civil society, communities and relevant government departments.

COSATU Proposal:

Sub-clause 38 (4) should be amended to specify that such fora should depending on the circumstances and objectives of the fora, include representation from organised labour, commuters, businesses, civil society, communities and relevant government departments.

Given that these fora are consultative, and membership is voluntary, the need for prescriptive measures is not established.

44 (6)

Sub-clause 44 (6) limits enforcement inspections to between 08h00 and 17h00 during workdays, unless authorised by a judge or magistrate.

This is an unnecessary infringement upon the powers of inspectors.  Passenger and freight rail are not limited to operating from 08h00 to 17h00 Mondays to Fridays.  Neither are matters affecting railway safety limited to office hours.

This is an unnecessary limitation on inspectors’ ability to fulfil their duties and may aid those at fault and provide them advance time to dispose of incriminating evidence.  References to office hours and days should simply be deleted from this sub-clause.

COSATU Proposal:

Sub-clause 44 (6) should simply be deleted or amended to empower enforcement inspections to occur at any time or date as the need arises.

Disagree. clause 44(6) makes allowance for a judge/magistrate to allow for inspection outside these timelines should the circumstances dictate so.

54 (1)

Sub-Clause 54 (1) denies employees of the Regulator the right to appeal to the CEO.

This is an unconstitutional infringement upon the right of such workers.  The Bill provides no other recourse for such workers.  This exclusion must simply be deleted.

COSATU Proposal:

Sub-clause 54 (1) should be amended to delete the reference to employees in the list of those denied the right to appeal to the CEO.

Labour law provides for such situations.

55 (1)

Sub-Clause 55 (1) denies employees of the Regulator the right to appeal to the Board Appeals Committee.

This is an unconstitutional infringement upon the right of such workers.  The Bill provides no other recourse for such workers.  This exclusion must simply be deleted.

COSATU Proposal:

Sub-clause 55 (1) should be amended to delete the reference to employees in the list of those denied the right to appeal to the Board Appeals Committee.

Labour law applies.

General

Silence of Bill on Responsibility for Safety of Pedestrians and Commuters at Rail Crossings and Along Rail Lines

The Bill is silent on who is responsible for the safety of pedestrians and commuters at rail crossings and along rail lines.  Many of the rail crossings, both urban and rural, lack sufficient or any safety provisions.  Many rail lines, both urban and rural, are completely unsecured.  This has resulted in the deaths of pedestrians and commuters.

Responsibility is often kicked between Transnet, Metro Rail, local government and provincial government.  There is a lack of clarity on who is responsible for what. 

The result is a deterioration in safety and security and the unnecessary tragic loss of life.  It needs to be clarified and stated in the Bill for all to know, including the public.

COSATU Proposal:

A new clause be inserted to indicate who is responsible for securing crossing and lines and what are the differing responsibilities of Transnet, Metro Rail, provincial and local government.

The Regulations regarding Infrastructure Activity affecting safe railway operations (Railway Reserve Regulations) and the SANS 3000-2-2-1 standard on level crossings deal with the matters raised.

General

Silence of Bill on Rampant Levels of Copper Theft, Arson, Vandalism and General Criminality and Government’s Commitment to Re-establish a Dedicated Railway Policing Unit

Millions of Rands worth of copper cable is stolen monthly from Transnet and Metro Rail.  This has caused delays in services and at times death in rail accidents.  Few have been arrested.

More than a hundred Metro Rail carriages have been destroyed in arson attacks.  This has cost millions of Rands and service delays.  Few have been arrested.

Metro Rail and Transnet and the commuters and goods they transport have been subject to rampant criminality and theft.  This has caused many commuters and businesses to abandon Metro Rail and Transnet.  This has caused financial hardship to these commuters and businesses and cost Metro Rail and Transnet millions of Rands of lost revenue.  Yet few have been arrested.

Billions have been spent on often very inefficient private security for Metro Rail and Transnet with little effect.  These private security contracts have had little impact and have often been mired in corruption and at times be suspected to be involved in acts of criminality too.

The Minister of Police previously announced government’s intention to re-establish a dedicate railway policing unit, yet this has not come to fruition.

Such a dedicated railway police unit needs to be re-established.  The South African National Defence Force should also be deployed to support the police in the interim to re-establish control of the railway lines, in particular commuter lines.

COSATU Proposal

SAPS re-establish a dedicated railway policing unit.

The SANDF be deployed to assist SAPS re-establish control of railway lines, in particular commuter lines.

The RSR is responsible for safety and security oversight while operators remain responsible for managing safety and security. The RSR will only issue a safety permit to operators whose Safety Management System include a Security Plan.

The deployment of SANDF is outside the scope of the RSR and the Department of Transport.

COSATU

31 JANUARY 2022

DANIE NIEHAUS

Clause of the Bill

Comment

DOT Response/Action

General

My kommentaar word nie op die wetsontwerp as sulks gerig nie maar om u te wys op gebrekkige bestuurstrukture wat spoorwegveiligheid raak

As inwoner van Robertson in die Kaapse Wynland voel ek my genoop om te verwys na u perseel waar die ou stasie gehuisves was en deesdae 'n terrein vir hawelose plakkers is. Bruikbare dwarslêers word 24/7 vir vuurmaakhout gebruik en hoewel daar twee persone in oorpakke is wat klaarblyklik toesig moet hou, sit hul heeldag nodeloos rond en toekyk hoe die plakkers die terrein bemors, met groot plastiekvelle besoedel en die rivier daarnaas as toilet en wasplek gebruik. Vir groot dele van die dag word op die treinspoor gesit of geloop en die probleem vererger by die dag.

Dit alles skep opsigself 'n veiligheidsprobleem vir verbygaande treine en mense. Treine word ook soms deur vernielsugtige kinders met klippe bestook. Daar is ook geen moniterinstelsel of wetstoepassing om rommelstrooi of ongemagtigde betreding (wat wel op 'n kennisgewingsbord van Transnet verbied word) te bekamp nie. Die polisie is nodeloos en gooi hande in die lug hoewel dit skuins oorkant die polisiestasie gebeur.

Ek hoop dat u spoedig iets aan die saak sal kan doen omdat die terrein aan u behoort en dit 'n wesenlike probleem vir spoorwegveiligheid is.

Comment noted. Beyond the scope of the Bill.

EASIGAS (PTY) LTD

Clause of the Bill

Comment

DOT Response/Action

30 (5) (a) (iv)

1. The Regulator must, after considering an application contemplated in subsection

1. or an application for renewal contemplated in subsection (8), notify the applicant, in writing, of the outcome of the application, and if the application—           
   1. if applicable, the date by when the fee contemplated in subsection
2. or a levy contemplated in any legislation providing for the imposition of levies, must be paid by the applicant in respect of that specific safety permit; or

Comment:

Permit holders already pay high annual permit fees, and any reference to “applicable levies contemplated in any legislation” is too broad and leaves a vacuum for legislators to impose further levies at whim.

Recommendation:

Specify the applicable levies upfront in the Bill to ensure transparency and alleviate broad statements.

Disagree. The funding section put all the mechanisms that the Regulator can use to fund its activities. But they don’t have to be applied simultaneously.

30 (6) (b)

(6)        The Regulator may only issue a safety permit to an applicant, if the applicant has paid—

(b)        any applicable levy contemplated in any legislation providing for the imposition of levies relating to safety permits.

Comment:

Permit holders already pay high annual permit fees, and any reference to “applicable levies contemplated in any legislation” is too broad and leaves a vacuum for legislators to impose further levies at whim.

Recommendation:

Specify the applicable levies upfront in the Bill to ensure transparency and alleviate broad statements.

Disagree.

GAUTRAIN MANAGEMENT AGENCY

Clause of the Bill

Comment

DOT Response/Action

1

 The term “operator” refers to the different types of operators (and it is encompassing).

12 (4)

The current syntax of clause 12(4) is problematic as it requires the board to elect an acting chairperson, if either the chairperson “or” deputy chairperson is unable to discharge his or her duties. It is absurd that the board should elect an acting chairperson, if the chairperson him/herself or his or her deputy (based on the usage of the word: “or” in 12(4)) remains available to discharge chairing responsibilities.

Recommendation

We recommend that the phrase “the position of chairperson or deputy chairperson becomes” be replaced with the phrase “both the positions of chairperson and deputy chairperson become” in clause 12(4).

Agree to amend. Agree to amend to make it clear that the board will only appoint acting chairperson.

13 (1) (c)

On the face of it, clause 13(1)(c), merely stipulates up to one third of non-executive members “may retire”, and that creates an impression that such retirement will be a voluntary process that is based on the principle of rotating board members, yet allowing this to happen prior to board members serving their full term (as specified in 13(1)(a)) and subjecting the retirement of board members to board evaluation, gives an impression that this may be a mechanism that is aimed at enabling the Minister to lay off up to one-third of a poorly performing board. We are of the view that the distinction between the two provisions can be more succinct, such that there is no apparent misalignment between 13(1)(a) and 13(1)(c).

Recommendation

We recommend that clause 13(1)(c) be rephrased, such that its objective be explicitly clear, i.e. whether or not it is informed by a need to regularly rotate board members, or to enable the Minister to lay off up to one-third of poorly-performing non-executive members, subject to annual board evaluation.

Dealt with above in page 10. “may” must be “must”.

20 (1)

This provision entitles the board to delegate any of its functions or powers to the CEO or another senior employee of the Regulator, without providing parameters within which the said discretion will be exercised. A decision made by an individual, to whom a function or power of the board has been delegated, could give the public an incorrect impression that a certain function or power was discharged or exercised after due application of the board’s collective proficiency, whilst it may, in fact, have been exercised by a delegated individual, without the benefit of multi-disciplinary expertise contemplated by the composition of the board. Without limitation, this provision could, further, lead to a substantial delegation of the board’s powers or functions, thereby undermining good governance.

Recommendation

In order to: ensure that delegations do not derogate from a multi-disciplinary approach to decision-making envisaged by the composition of the board; prevent sweeping delegation of the board’s authority; and introduce checks and balances that facilitate natural rules of justice relating to impartiality and conflict of interests, we recommend that parameters within which a function, duty or power of the board would be delegated be outlined in the Bill. It may, to this end, be useful to specify functions or powers, which the board is precluded from delegating, even to a committee of the board.

Agree.

Proposal on powers which may be delegated.

MICHAEL GRAAF

Clause of the Bill

Comment

DOT Response/Action

General

Non-commercial nature of public transport: The reason why national and local governments subsidise buses, trains etc. is that the alternative would be much higher costs arising from congestion, health, social dislocation etc., and accrued across the whole of society. While fares collected may partially offset the money spent on subsidies, they are kept low precisely to encourage use of public transport, and to avoid the aforementioned social costs.

Changing socio-economic balance: In recent decades, due to successful unionisation of the workforce, the salaries of public employees have risen faster than the fares charged on public transport, because fares are calculated according to the pockets of the very poor. This has resulted in the cost of collection exceeding the revenue received.

Opportunity cost of poor security: Due to factors such as more dense habitation along railway lines, cable theft and vandalism have greatly increased. At the same time, train users and would-be train users have to rely largely on safety in numbers, meaning that they are reluctant to use trains outside of peak hours. This has contributed to the decline of the passenger rail system.

Possibilities arising from ICTs: Although a limited number of security cameras have been installed at some stations, there has been insufficient investment in the back-ends of such systems. There should also be cameras on trains themselves. One of the constraints is that, while Artificial Intelligence (AI) can reduce the number of human eyes and minds necessary to monitor input from the cameras, a considerable number of people are needed to do such monitoring and to dispatch on-the-ground response teams.

Proposal: If the staff currently working to sell and inspect tickets were redeployed to serve the security of trains, infrastructure and passengers, the reduced losses in cable theft and vandalism would more than compensate for the loss of fare revenue.

Security issue.

MPUMALANGA LANDBOU/AGRICULTURE

Clause of the Bill

Comment

DOT Response/Action

General

National Veld and Forest Fire Act,101 of 1998

CHAPTER 2 point 4(8) reads as follows:

‘the owner in respect of State land MUST join any fire protection association in the area in which the land lies’ note definition of owner (xiii) CHAPTER 4 point 12(1) reads as follow

‘Every owner on whose land a veldfire may start or burn or from whose land it may spread must prepare and maintain a firebreak on his or her side of the boundary between his or her land and adjoining land’

From our side we want to bring under your attention the following issues, amongst all the other, to be addressed by the bill as well:

1. manage of fuel load in rail reserve
2. fire suppression in rail reserve
3. active participation on Fire Protection Associations

Policy issue.

UNTU (UNITED NATIONAL TRANSPORT UNION)

Clause of the Bill

Comment

DOT Response/Action

General

UNTU welcomes the Bill. UNTU is concerned that some crucial issues are silent i.e.:-

• No reference is made as to the composition of the Consultative Forum and how often will they meet.
• Enforcement Inspectors are limited to working hours, whilst Incidents can take place outside these hours.
• Silence with regards to the continuous theft and vandalism that affects PRASA Rail and Transnet and negatively impacts the economy.
• Failing to provide for the inclusion of Representation of workers on the Railway Safety Board.
• The Rail Safety Regulator (RSR) reporting to the Minister of Transport, whilst PRASA is also reporting to PRASA – where will the Minister’s loyalty be?

Dealt with. Under COSATU comments.

10

We are very concerned, notwithstanding the fact we have on numerous occasions requested that workers be presented on the Board, especially taking cognisance of our daily experience of what is happening within the Operations of both Transnet and PRASA, being the majority users of the current infrastructure across the country.

The Bill should make provision for at least Representatives and should be elected by “Organised Labour” to ensure Labour Representivity and accountability.

UNTU Proposal:

A new sub-clause 10 (1) (b) be inserted, providing for not less than two (2) Representatives of Organised Labour consisting of Passenger and Freight Rail who are elected by Organised Labour to form part of the Board.

Addressed above in page 9.

The aim is to have experts in the board and not industry representatives.

15 (d) (i) and (ii)

This would prohibit any worker that is employed by Transnet or PRASA from serving on the Board. In effect, it will deny effective Representation on the Board that will include invaluable expertise.

UNTU Proposal:

Sub-clause 15 (d) (11) be extended to exclude Organised Labour from sub-clauses 15 (d)

(1) and (11).

Interpretation is correct. Proposal not agreed with, as this is not a representative board.

38

The above clause makes no reference as to what should be included in the referred Forum.

We support the Forum, but it should elaborate on the inclusion of parties and what the goal of the Forum entails.

Refer to the comments from COSATU.

General

Silence of Bill on Responsibilities for safety of Commuters

Responsibility is always flying between Transnet and PRASA. The Bill should make clear reference as to who must take responsibility.

The safety of commuters is the responsibility of operators.

General

Silence of Bill: Copper Theft, Vandalism, Criminality and Re-establishment of Railway Police dedicated to Rail

Billions of Rands worth of copper cable is stolen monthly from Transnet and PRASA, which enables them to deliver a dependable service to the commuters and South Africa which results in the economy being seriously negatively impacted.

Billions of Rands are often spent on incompetent private security that are not efficiently armed and trained to deal with the current criminals in this environment.

The current dedicated Railway Policing Unit has not succeeded and is inefficient.

UNTU Proposal:

Government establishes a dedicated Railway Police and that the current SANDF be deployed to assist to regain “Control” of the Railway Lines in South Africa for the benefit of all.

Beyond scope of the Bill.

PRASA (PASSENGER RAIL AGENCY OF SOUTH AFRICA)

Clause of the Bill

Comment

DOT Response/Action

General

Infrastructure Security

The railway and in particular commuter railway has developed along spatial lines. As a result the infrastructure reflects, has maintained risk and vulnerability level to the extent that those risk are societal / community based. In the meanwhile the security of railway and railway infrastructure has been left to the operators, which has become unsustainable. The risk of and cost of security cannot be passed down to passengers / commuters, who are, mere users of the train services and many are at the low end of the socio-economic strata. The cost required to provide the required security takes away the funds required to maintain and keep the railway infrastructure in good state of repair to ensure safe railway operation. This is in line with the preamble that places the prime responsibility and accountability of railway operators in ensuring the safety of railway operations. [Underlined for emphasis]

Railway infrastructure is critical infrastructure and therefore safety of same requires equal measures by Government. This should enable equitable access to Railway Police who will be:

2.1.2.1. the dedicated to Rail and protection thereof;

2.1.2.2. appropriate training on railway and railway incident;

2.1.2.3. investigation capacity;

2.1.2.4. develop common standards for security responses and measures.

The total amount of reported incidents from April 2018 – August 2021 is 9 034 (nine thousand and thirty-four). The extent of vandalism and theft appears to be the work of organised syndicates that have access to market for such commodities. Operators are limited in scope, scale and capacity to meet these challenges, for eg operators cannot by law develop intelligence capacity and resources to deal this scourge.

Therefore, capital investments into railway infrastructure and safety measures must be protected in the interest of national security.

In addition, and given the closeness of operation, interface and interoperability between the major operators, all who are public entities, the Bill should express the need for cooperation including resource allocation for security operations across the railway infrastructure.

As a result, the Bill should reflect and give expression to these needs and appropriate adequate security protection of railway infrastructure of this key national asset to the relevant authorities as a government function and in a manner that will instil confidence in the railway system for all stakeholders; including employees, commuters, communities living adjacent the railway operating tunnels or affected by it.

Operators to ensure safety and security of passengers and asset. The Department to look at supporting this requirement through facilitation with other relevant departments.

General

Safety Management System (“SMS”) and Standards for Rail Safety

We welcome the proposed changes i.e. that the Board of the Regulator has sole responsibility to determine the SMS.

The SANS 3000 series is an established safety management system within the rail industry in South Africa. It has been and should continuously be updated to keep up with international railway standards and as such we believe it is desirable that it should be the sole basis for the development and implementation of the SMS.

Comment noted.

General

Safety Permit and Conditions

The term / phrase “Railway Safety” appears to be an activity covered under licensed undertaking, as such it must be defined. Under section 30(4) of the Bill, dealing with Safety Permit application, it [railway safety] serves as the basis for request for additional information that the Regulator may require from a prospective applicant. As a result it is critical to clarify what this phrase engenders. This clarity is required so that the licensed operations are not unnecessarily burdened, on account of the lack of clarity.

The outcome of the Safety Permit Application

2.3.2.1. The Bill should consider prescribing timeline for the communication of the outcome of the Safety Permit application. Preferably not less than 15 days prior to the expiry of the current permit if an operator is applying for a renewal. This will enable stability and assurance to the railway activities of the operator.

2.3.2.2. Alternatively the current permit should extend by application of law until the Regulator issues its determination.

Renewal of Safety Permit

Section 30(5)(b) should clarify and distinguish the position where the Regulator has not approved an application for a safety permit within the 30 days. The desirable position is that:

2.3.3.1.1. such period for consideration of an application should be extended by operation of law to a defined and stated period in the Bill for e.g. fixed time period, failing which the Regulator should be obligated to pronounce on the application or be deemed to have made a stated pronouncement;

2.3.3.1.2. for the current operators, the position should be that for such period the current safety permit i.e. issued under the current Legislation [The National Railway Safety Act, 2002] automatically continues and deemed to be extended for such defined period of the extension. Otherwise, it would lead to the undesirable position where it impels the current operators to institute urgent Court process to keep the safety permit “alive” as it were.

Suspension of Safety Permit

The suspension / revocation of duly issued safety permits should be orders of the last resort as they have the effect of stopping the business of an operator, many of which are legislative mandates.

Section 33(6) is undesirable. A properly issued safety permit cannot be suspended for reasons unrelated to safety concerns.

Review of Conditions of the Safety Permit

Once the conditions to the safety permit have been issued the Regulator and the Board are functus officio is as far as those conditions. To the extent that unsafe railway conditions occur these are usually managed though improvement directives, through the safety inspectorate as contemplated under section 47, including issuance of a penalty under section 67 of the Bill. Therefore it is undesirable and unnecessary for the Board or the Regulator to review or amend the conditions to a safety permit during its operations.

The Bill should consider allowing an Operator the right to apply to the Regulator to cancel the special conditions once it is met by an operator satisfactorily and issue a compliance certificate, as they [special conditions] may affect the insurance conditions for the insurance cover that an Operator may have.

We therefore suggest that section 32 should be amended to delete section 32(1) and (2) and the Bill should insert a provision that will enable / allow an Operator to request the cancellation of a special/specific condition/s during the life of a safety permit, considering that a 3 – 5-year safety permit cycle is considered. Therefore section 35(5) should provide for cancellation of a special conditions.

Disagree.

Disagree.

Disagree.

Disagree. The RSR procedures address the conditions of permits (including special conditions). The special conditions are on a case by case basis depending on prevailing risks.

General

Decision of the Board of the Regulator

Given the importance of certain decisions of the board of the Regulator, and the fact that the board members must collectively have wide-ranging, relevant expertise (in terms of section 10(1)), we submit that it is inappropriate for the board to be empowered to delegate [as contemplated in section 20 of the Bill] all of its functions, duties or powers.

PRASA submits that the board should, at least, not be empowered to delegate the power to decide the matters contemplated under sections [other than to a committee of the board]:

2.4.2.1. 35(2) [determination of policy for registering of training institutions];

2.4.2.2. 37, including the determination of safety management systems; suitability, qualifications and training for railway safety inspector; or

2.4.2.3. any matter intended to be decided by a board, particularly those matters contemplated in section 14 of the Bill.

Dealt with above in page 21.

General

Funding of the Regulator

The financial implications of the Bill (and the current Railway Safety Regulator Act, 2002 (“the RSR Act”) on railway operators are significant – both in terms of ensuring their own regulatory compliance and in funding the activities of the Regulator. These costs are of particular concern to PRASA as a state-owned entity with a public-interest mandate providing state-subsidised services to commuters who fall into South Africa's lowest income bracket. While PRASA appreciates the need for the Regulator to be adequately funded in order to carry out its important mandate, the current manner in which fees are levied should reflect accountability and transparency.

PRASA and other railway operators currently pay lump sum safety permit fees but it is most unclear what functions of the Regulator are to be covered by these fees and the Regulator regularly invoices PRASA for regulatory activities as and when they take place. Section 27(1) of the Bill provides for the funding of the Regulator, which includes money appropriated by Parliament as well as fees paid to the Regulator.

It is submitted that holders of safety permits should pay annual fees that are to be calculated so as to (collectively) cover the Regulator’s budgeted costs for regulating holders of safety permits for the coming year. If it is also necessary for the Regulator specifically to charge the relevant safety permit holder for particular functions, these functions should be specified in the Bill or the related Regulations If there are any shortfalls as between the annual amounts charged to permit holders and the Regulator’s actual costs, this should either be recovered through parliamentary appropriation or through a suitable adjustment to the annual fees payable in the following year.

The Bill should, in our submission, specify that the Minister must publish a policy governing the manner in which the Regulator is to be funded, including the costs that are to be covered by the relevant fees charged to safety permit holders / operators.

Clause 27(1) read with clause 66 and 67(3) provides for the funding mechanism of the RSR.

Full disclosure of income is provided in the RSR’s annual report.

If PRASA wants to be exempted in any way they must use provisions provided.

“... holders of safety permits should pay annual fees that are to be calculated so as to (collectively) cover the Regulator’s budgeted costs for regulating holders of safety permits for the coming year. If it is also necessary for the Regulator specifically to charge the relevant safety permit holder for particular functions ...” – agreed – see relevant clauses.

Minister has a discretion to do so – see clause 61(1)(d).

General

Safety Critical Grade Licensing

The licensing of safety critical grades creates an unnecessary duplication as the safety critical grades are regulated as part of the [currently the SANS 3000-1] standard, which when prescribed will form part of the Act. These sections are thus autologous and will lead to unnecessary over-regulations. In addition, the service providers accreditation, if there is a need for the same must be accredited by South African Qualification Authority. For the Regulator to regulate them and in addition license the employees of the operators will lead to conflict of interest.

Comment noted but not accepted. SANS 3000-1 does not comprehensively deal with this aspect to the extent of licensing (for example).

We do not see the highlighted potential conflict of interests.

Board of Inquiry (BOI) conducted in the past has always identified Human error as the cause of accidents and proper training and refresher training not being adhered to by operators. With the Private Sector participation in the country they will be employees from International operators in our rail environment.

General

Protection of Information

We believe that any matter that relates to an operator under the Promotion of Access to Information Act and the Protection of Personal Information Act should be within the remit of an Operator and having regard to the existence of a specialised Regulator for these matters.

The Bill should reflect and express the Protection of Personal Information Act obligations on the Regulator, with specific undertakings to the industry in as far as processing, safe keeping, disclosure of breaches of personal information that the Regulator or its service providers may process.

Therefore we believe that a fact any matter under POPI Act disclosed by an Operator to the Regulator or its service provider should be kept and maintained confidential. Otherwise it exposes a safety permit holder, who is a Responsible Person, to liability. We believe that it is undesirable for the Regulator to deal with matters that are within the remit of an Operator in the manner expressed in section 40(1)(e) and consequently any residual application under section 40(2) should be deleted.

RSR has undertaken to comply with POPIA and provisions is contained in clause 40 of the Bill.

General

Transitional arrangements for current training institution and Authority to determine policy for registration

We suggest that a transitional period be provided for the current training institution. There are no transitional arrangements for current training institutions which may be providing the training including inhouse training facilities and refresher courses, as they will be required to immediately register with the Regulator upon the Bill been passed into law, subject to the policy to be issued by the Board as envisaged in section 35(2) of the Bill and the regulations contemplated under section 68(c) and (d) of the Bill.

The Bill should clarify whether the Board or the Minister has authority or the overlap of the respective authorities in as far as setting the criteria for the registration of training institutions. At section 35(2), the board is impelled to develop such policy as follows: The board must, subject to the National Qualifications Framework Act, 2008, and the Skills Development Act, 1998, determine a policy for the registration of training institutions, taking into account all relevant factors.. “. Yet at section 68(c) and (d) it appears that this will be encapsulated in a regulation to be issued by the Minister and hence a ministerial prerogative.

Agree. The Minister will determine.

General

Appeal

The Bill should reflect on the effect of an appeal. In general legal jurisprudence and parlance the effect of an appeal is to suspends a decision which is subject to appeal. Although the Bill provides for access to court on an urgent basis, the matter at hand may not meet the muster for urgency required by a Court.

As a result the Bill should provide for suspension of the decision pending the prosecution of the appeal. To avoid abuse of the appeal process, the Bill may specify / provide for the grounds for appeal.

The procedural elements of an appeal are universal in that they have a suspensive effect on the decision.

Chapter 8 of the Bill outlines the specific appeal process in detail.

General

New Criminal Offences

Interference with investigations – section 43(4) of the Bill 2.10.1.1. Although we appreciate the intended enforcement regime that this provision seeks to create, the sanction is harsh. We believe a maximum 12-month imprisonment or fine should be sufficient deterrent and sanction that fits the crime.

Failure to Report an occurrence

2.10.2.1. Section 49(2) creates a new offence for failure to timeously report an occurrence. The effect thereof is 5 years or fine or both. Although we recognise the criticality of the information, it is undesirable to create strict liability offence unless there is a demonstrable intention to frustrate compliance with the law. The mere failure should not give rise to such offence and the indicated sanction is too ghastly / harsh to fit the charge.

Unlicensed safety critical grade

2.10.3.1. No person may occupy a position of safety critical grade, as defined, unless they possess the required license. This offence extends to safety permit holders who employ / allow an employee or person to hold such position without the required license.

Criminal liability for Directors

2.10.4.1. It appears the Bill intends to visit criminal liability for a [single individual] director. A director is expected to take reasonable steps to prevent the commission of offences under the Bill.

It is trite that directors [of a board] act in concert as a board, unless a single director has been delegated authority by a board. The Bill should clarify under what circumstances will a single director be held individually liable. No director has authority to act individually unless specifically authorised by a board. However the Bill seem to indicate that the duty of care expected of a director extends to failure to anticipate the wrongdoing or not taking active action in situation that indicates a reckless attitude towards safety matters, which may lead to contravention of the provisions of the Bill. This is at odds with the Business Judgment Rule expected of directors appointed under the Companies Act, 2008.

As a result, a director who accepts the position of director without the necessary knowledge, skill and experience does so at his or her own risk. The composition of the Board of Control under PRASA enabling legislation, The Legal Succession to the South African Transport Services Act, requires the Board to have in its midst certain specialist. Therefore directors appointed for their specialist skill and competencies will be measured accordingly i.e. to the extent that they exercise or fail to exercise their skills and experience should PRASA contravene any provision under the Bill.

Section 59 provides that a director, trustee or member of a juristic person at the time of the commission by that juristic person of an offence in terms of this Act, is guilty of that offence, and is liable, on conviction, to the penalty specified in respect of that offence, if that offence resulted from the failure of the director, trustee or member to take all steps that were reasonable under the circumstances to prevent the commission of the of the commission by that juristic person of an offence in terms of this Act, is guilty of that offence, and is liable, on conviction, to the penalty specified in respect of that offence, if that offence resulted from the failure of the director, trustee or member to take all steps that were reasonable under the circumstances to prevent the commission of the offence.

It is common for a board to delegate operational responsibility to management and, as per the Corporate Governance Principles applicable / accepted in South Africa i.e. King IV, boards are expected to provide strategic direction and oversight and to exercise a duty to exercise care and skill in the performance of their activities. The essence of which is predicated on the delegatee acting within the bounds of delegation and propriety. In that light, the Bill should reflect on the extent to which a director is expected to take [what appears to be active] preventative steps. This is distinguishable from the expectation that a director exercises the duty of care.

In addition, the Bill should make clear what is required of that (1) duty to exercise care and skill in the performance of their activities or oversight role and (2) if there is a enumerative list of actions that are expected, for eg those that are contemplated under the Business Judgement Rule. The phrase “..all steps..” may raise difficulty of interpretation. It is undesirable to make an quantitative requirement on a matter that is intended to be qualitative.

We submit that the word “..all..” should be deleted.

Comments are noted, no further comments to add. (Note that the courts will deal sentencing)

Disagree.

Disagree.

Agree. “all” to be replaced by “appropriate”

General

Vicarious Liability or extension of principal -agency for Criminal Conduct

The offences created under this Bill requires “wilful” intent on the part of the accused. Please refer to our comments in respect of section 49(2) of the Bill, where we have suggested that no conduct by an operator or its employees should attract criminal liability merely for failure to conduct itself/ or through its employees in a manner that draws noncompliance.

We submit that it is not competent for a liability for criminal conduct or at least the offences created in this Bill, to be attributable to a person on principal -agency or vicarious liability.

We therefore believe that section 58 of the Bill should be deleted.

Disagree.

The employer must also bear responsibility.

1

Definition of ‘‘network operator’’

Commentary / Input

The definition includes the word “responsible”. There is only one person indicated and assigned those responsibility. The previous formulation referred to “person or persons”.

Therefore the function although delegated, remain the responsibility of the CEO/GCEO and the liability spans over all those activities.

The Current Act sought to distinguish each of the activities having a distinct accountable person.

The network operator is not responsible for all these activities especially subsection (b) ensuring compliance of rolling stock with the applicable standards of a network. Therefore subsection {b) should be deleted

Disagree.

1

New definitions of Railway Inspectorate

41. (1) The CEO may appoint a person who meets the requirements determined by the board in respect of suitability, qualifications and training, as a railway safety inspector to exercise the powers and perform the duties contemplated in section 42.

Commentary/ Input

The inclusion of this definitions and the appointment of the Inspectorate based on a criteria to be determined by the Board [for a Railway Inspector] is welcome.

However having regard to the Inspectorate role under sections 42 to 45 inclusive the criteria for his/her appointment, experience and qualifications, should be transparent as the function [of Railway Inspectorate] is central to safety within the railway system. These criteria should be. prescribed and the decision of the Board be directed by such known requirements i.e. the factors to be considered as determinative by the Board be known. Therefore these criteria should be expressed in the appropriate regulation/s or the updated applicable South African National Standard, cognisant of the Inspectorate role under sections 42 to 45 inclusive.

The appointed person reports to the CEO, at his/her “back and call”. This is strengthened by the functions of the CEO under section 23 including to “ensure that the functions of the Regulator in terms of this Act are performed”. This function is expressed under section 6 of the Bill as including “ The objects of the Regulator are to—

(a) promote, regulate and report on safe railway and railway operations through

the appropriate and timely application of support, monitoring and enforcement

▪ instruments provided for in this Act”. These functions are undertaken by the Inspectorate appointed by the CEO.

Therefore the CEO does not only render administrative capacity but drives the key Regulator responsibility and mandate of the Regulator which includes those functions that the Inspectorate undertake. The CEO regulates the operations of the licensed Operators.

Refer to the comments under section 54:

1. the appeal process to the CEO, especially in respect of the Inspectorate conduct”. The conduct of appeal by the CEO is not desirable. If however, it is intended to ensure speed / expediency of decision making, the decision must be based on a panel of “experts” which includes the head of legal of the Regulator and the Head of the function within the Regulator who oversees the issue which is subject of the appeal.

Out of scope.

Disagree. The CEO will decide who will advise him or her.

1

Definition of railway

Line 52

Commentary/ Input

Remove second reference to ‘rolling stock’

Comment noted and accepted.

1, 34 68 and 69 (9)

Safety critical grade

New definition and licensing requirements

Commentary/ Input

The licensing of safety critical grades creates an unnecessary duplication as the safety critical grades are regulated as part of the [currently the SANS 3000-1] standard, which when prescribed will form part of the Act. These sections are thus autologous and will lead to unnecessary over-regulations. In addition, the service providers accreditation, if there is a need for the same must be accredited by South African Qualification Authority. For the Regulator to regulate them and in addition license the employees of the operators will lead to conflict of interest.

The definition is limited in scope i.e. to those positions “ … responsible for the authorisation and control of the movement of rolling stock”

All persons performing safety critical grades will be required to be licensed. No person may perform work in a safety critical grade position, unless such person is in possession of a relevant safety critical grade licence granted by the Regulator.

Although is it clear that licensing is required, it is unclear whether section 34(2) proposes a dual licensing arrangement i.e. that training institution may issue such licensed and the final register therefore is kept by the Regulator or that the license can only be issued by the Regulator, especially if one reads section 34(1)and 34(2) together. Section 34(2) provides that –

o “ No person may— (a) perform work in a safety critical grade position, unless such person is in possession of a relevant safety critical grade licence granted by the Regulator”

Underlined for emphasis. For additional input, refer to commentary in respect of section 7 and 35 below

Training institution

It appears to apply to in-house training facilities as well. Section 35(6).

All training institution, especially for safety critical grade roles [including for refresher courses] will now be regulated by the Regulator and therefore such institutions, their curricula and training will be subject to evaluation and registration by the Regulator. The registration is renewable every 5 years.

We suggest that a transitional period be provided for the current training institution. There are no transitional arrangements for current training institutions which may be providing the training including in-house training facilities and refresher courses, as they will be required to immediately register with the Regulator upon the Bill been passed into law, subject to the policy to be issued by the Board as envisaged in section 35(2) of the Bill and the regulations contemplated under section 68(1) of the Bill.

The licensing requirements will become applicable as per Regulations but the licensing will take effect 2 years after the promulgation of the Bill into law. “The Minister must, not later than the date of commencement of section 34, by notice in the Gazette, publish a timetable in respect of persons already appointed to, or performing work in, a safety critical grade position at the time of commencement of that section, specifying the date by which such persons must comply with that section, but such a timetable may not extend beyond two years of the commencement of that section”.

There is no duplication.

3 and 6 read with 30

“Safe Railway Operation” and “Railway Safety”, “Safe Railway”; “Safe Railway and Railway Operations”

Aims of the Bill

Commentary / Input

The legislation is intended to regulate safe railway operation and “railway safety”

▪ The term “safe railway operations” is a defined term. The use of the phrases “railway safety” or safe railway” are however undefined. It is not clear if they are to be utilised interchangeably.

▪ The reading of section 3 and 6, seems to indicate that that the term “safe railway and safe railway operations” is utilised in respect of licensed operations [i.e. as licensed undertakings under section 30 for which a permit is required] and hence operators [i.e. within the “operating tunnel” and the generic terms are merely referenced to the other work of the Regulator. Section 6(1) incorporates both Safe Railway and Railway Operations, as the aims of the Regulator.

▪ The term “Railway Safety” as a licensed undertaking, must be defined. This clarity is required so that the licensed operations are not unnecessarily burdened on account of the lack of clarity. Under section 30(4) of the Bill, dealing with Safety Permit application, it serves as the basis for request of additional information that the Regulator may require from a prospective applicant. As a result it is critical to clarify what this phrase engenders.

Disagree.

1

Definition of safety management system

Line 16

Commentary/ Input

Replace the phrase “risk assessment” with “safety risk assessment” and replace it wherever it appears including on page 19, line 33.

Comment noted and accepted.

1

Definition of “station operator”

Correction in the definition as reference is made to a ”network” operator.

Commentary/ Input

It appears that there is a typographical mistake as at the end of that definition, reference is made to “network” operator. It seems that is should be to a “..station..” operator

Comment noted and accepted.

4

Exemption

This is new addition.

The requirements for an exemption under the Act / regulation / standard [once promulgated]

Commentary/Input

The requirements and the formal process and procedure for the Exemption are spelt out.

▪ The Exemption is intended to last for a maximum of 36 months/3years.

Agree.

20

Delegation of Powers by the Board

Limited authority to delegate

Commentary/ Input

PRASA submits that the board should, at least, not be empowered to delegate the power [other than to a committee of the board] to decide the matters contemplated under sections 14, 35(2) and 37 of the Bill.

Will consider the limitations of delegation.

23

Role of the CEO

Role as the Regulator

Commentary/ Input

The CEO appoints the inspectorate.

▪ The appointed person reports to the CEO, at his/her “back and call”. This is strengthened by the functions of the CEO under section 23 including to “ensure that the functions of the Regulator in terms of this Act are performed”. This function is expressed under section 6 of the Bill as including “The objects of the Regulator are to—

(a) promote, regulate and report on safe railway and railway operations through the appropriate and timely application of support, monitoring and enforcement instruments provided for in this Act”. These functions are undertaken by the Inspectorate appointed by the CEO.

▪ Therefore the CEO does not only render administrative capacity but drives the key Regulator responsibility and mandate of the Regulator which includes those functions that the Inspectorate undertake. As a result, the CEO regulates the operations of the licensed Operators thorough the inspectorate. This includes receiving the reports from the Inspectorates.

Comment noted, CEO functions are specifically defined and the Regulator is also defined in chapter 2.

27, read with 66 and 67

Funding of the Regulator

Cost coverage based and transparent charging.

Commentary / Input

It is submitted that holders of safety permits should pay annual fees that are to be calculated so as to (collectively) cover the Regulator’s budgeted costs for regulating holders of safety permits for the coming year. If it is also necessary for the Regulator specifically to charge the relevant safety permit holder for particular functions, these functions should be specified in the Bill or the related Regulations If there are any shortfalls as between the annual amounts charged to permit holders and the Regulator’s actual costs, this should either be recovered through parliamentary appropriation or through a suitable adjustment to the annual fees payable in the following year.

In developing the fee model, the RSR consult the operators to solicit inputs and the process is transparent. 

The issue of safety permit fee model is determined by the Minister with inputs from the RSR. Operators are given opportunity to comment to the published gazette.

30(5)(b)

Safety Permit Application

Extension of the period

Commentary/ Input

Section 30(5)(b) should clarify and distinguish the positions in the event where the Regulator has not approved an application for a safety permit within the 30 days. The desirable position is that:

▪ (1) such period for consideration of an application should be extended by operation of law to a defined and stated period, failing which the Regulator should be obligated to pronounce on the application or be deemed to have made a stated pronouncement;

▪ (2) for the current operator, the position should be that for such period the current safety permit automatically continues until such a period of the extension. Otherwise, it would lead to the undesirable position where it impels the current operator to institute urgent court process to keep the safety permit “alive” as it were.

See earlier discussion in page 28 and 29.

32 read with 35(5)

Conditions to Permit

Cancellation of Special Conditions upon fulfilment thereof

Commentary/ Input

Section 32 should be amended to delete section 32(1) and (2) and the Bill should insert a provision that will enable / allow an Operator to request the cancellation of a special/specific condition/s during the life of a safety permit, considering that a 3 – 5-year safety permit cycle is considered. Therefore section 35(5) should provide for cancellation of a special conditions.

See earlier discussion in page 30.

33

Suspension of Safety Permit

Suspension due to failure to pay the fee or levy.

Suspension of railway operation due to suspension of a permit.

Section 8 provides that:

(8) The holder of a safety permit which has been suspended, either by the Regulator or by operation of the law, may not conduct or undertake any railway or railway operation or a component of a railway or railway operation or any action in relation to a railway or railway operation permitted under that safety permit until the suspension has been withdrawn.

Commentary/ Input

The suspension / revocation of duly issued safety permits should be orders of the last resort as they have the effect of stopping the business of an operator, many of which are legislative mandates.

▪ Section 33(6) is undesirable. A properly issued safety permit cannot be suspended for reasons unrelated to safety concerns.

▪ We believe that section 33(6) and its operation should at least be subject to the process stated in section 33(4) of the Bill.

It is undesirable that the suspension of a Safety Permit should affect any routine maintenance work. Therefore this subsection (8) should be deleted.

See earlier discussion in page 29.

34

Safety Critical Grade Framework

Licensing of persons performing safety critical grades.

Commentary/ Input

Although is it clear that licensing is required, it is unclear whether section 34(2) proposes a dual licensing arrangement i.e. that training institution may issue such licensed and the final register therefore is kept by the Regulator or that the license can only be issued by the Regulator, especially if one reads section 34(1) and 34(2) together. Section 34(2) provides that –

o “ No person may— (a) perform work in a safety critical grade position, unless such person is in possession of a relevant safety critical grade licence granted by the Regulator”

▪ Clause 33.4 of the Explanatory Memorandum indicates that the role of the Regulator is to oversee the implementation of the framework and maintenance of the data base for safety critical grades.

See earlier discussion page 32.

35 read with 7

Registering of Training Institution

Oversight over / licensing of safety critical grade and Authority to develop rules for registration of training institution.

Commentary/ Input

The function of the Regulator includes, “evaluating and registering appropriate training institutions, as contemplated in section 35, in order to monitor the licensing of persons employed in safety critical grades”.

▪ The Bill reflects the same monitoring responsibility under 35.

▪ Authority to develop rules for registration of training institution.

▪ The Bill should clarify whether the Board or the Minister has authority or the overlap of the respective authorities in as far as setting the criteria for the registration of training institutions. At section 35(2), the board is impelled to develop such policy as follows: The board must, subject to the National Qualifications Framework Act, 2008, and the Skills Development Act, 1998, determine a policy for the registration of training institutions, taking into account all relevant factors.. “. Yet at section 68(1) it appears that this will be encapsulated in a regulation to be issued by the Minister and hence a ministerial prerogative.

See earlier discussion in page 10.

36

Safety Standards

The Minister to issue or prescribe the railway safety standards.

Commentary / Input

In the Current Act, the Board was entitled to issue the standards but in accordance with the procedure issued by the Minister.

▪ The Regulator or an Operator may propose a standard.

▪ The SABS [SANS] may still issue industry standards, but these are subservient to those issued per Regulations, in the event of any clashes.

Agree.

37

Safety Management System

The SMS determination for railway safety and the SMS Report to become a Board prerogative.

Commentary/ Input

The change is welcome so that there is a distinction between the Regulator and the policy owner.

▪ The SMS is defined as:

“a formal framework contemplated in section 37, which integrates safety into day-to-day railway operations and includes consultation, safety goals and performance targets, risk assessment, responsibilities and authorities, rules and procedures, and monitoring and evaluation processes”.

▪ NB. The Board of the Regulator will have the authority over the Safety Management System i.e. to determine the form and content, for SMS; and the form, content and manner of submission of the safety management system Report.

Comment noted.

38

Consultative Forum

Create a formal structure.

Subsection (8), page 23 line 16: Reporting by the Permanent Secretary to the Board

Commentary/ Input

Although we welcome the institutionalisation of a Consultative Forum, the genesis thereof, its work and character should be defined.

▪ The growth of railway regulation developed within an era of consultation and the daily operations of Operators including the Safety Management System; security is underpinned by cooperative engagement including interface agreements.

▪ The national standards is a product of consultation.

▪ We therefore believe that it is desirable and imperative for a formalised consultative process that will include measures to bolster cooperation on security, for dispute resolution related to interface / interoperations/ the developing of the standards. This agenda is aligned with the object of the Regulator i.e. to:

• promote railway safety;
• encourage the collaboration and participation of interested and affected parties in improving railway safety;
• (d) promote the harmonisation of the railway safety regime of the Republic with the objectives and requirements for safe railway operations of the SADC;
• (e) prevent the proliferation of laws, policies and approaches to the execution of such laws and policies from materially prejudicing the beneficiaries of railway

            safety”.

Underlined for emphasis. Refer to section 3.

▪ We believe that this will not limit or compromise the authority of the Regulator or any of the proposed instruments of regulation in the Bill.

▪ We suggest that the reporting be Quarterly and not annually, as the activities of the Consultative Forum should be ongoing.

Clause 38 addresses this requirement.

40

Protection of Information

Disclosure under the Promotion of Access to

Information Act and the Protection of Personal Information Act.

Commentary/ Input

We believe that any matter that relates to an operator under the Promotion of Access to Information Act and the Protection of Personal Information Act should be within the remit of an Operator.

▪ In fact any matter under POPI Act disclosed by an Operator to the Regulator should be kept and maintained confidential. Otherwise it exposes an Operator, who is a Responsible Person, to liability. We believe that it is undesirable for the Regulator to deal with matters that are within the remit of an Operator in the manner expressed in section 40(1)(e) and therefore this aforementioned subsection should be deleted.

RSR has undertaken to comply with POPIA and provisions is contained in clause 40 of the Bill.

43(3) read with 57(1)

Routine Compliance

Interference with investigations – section 43(4) of the Bill

Commentary/ Input

Section 43(4) of the Bill create a new offence for a person to wilfully remove an item that an Inspector has issued a notice prohibiting its removal. The offence visited with 15 years or fine or both.

Clause 43 (3) and 43 (4) relates to inspectors’ routine compliance inspection. Appeal is provided for in the Bill.

49 read with 57(2)

Reporting of Occurrences

New Criminal offence for failure to report an incident/occurrence on time.

Commentary/ Input

Section 49(2) creates a new offence for failure to timeously report an occurrence. The effect thereof is 5 years or fine or both.

▪ Although we recognise the criticality of the information, it is undesirable to create strict liability offence unless there is a demonstrable intention to frustrate compliance with the law. The mere failure should not give rise to such offence and the indicated sanction is too ghastly / harsh to fit the charge.

▪ Therefore the caveat must be that there must be an intention not to report.

Comment accepted. Negligence as required standard is recommended.  

“An operator who negligently fails to report ...”

54

Appeals to the CEO

Appeals of decision by the Regulator / Inspectorate

Commentary/ Input

In light of the role of the CEO as the Regulator and immediate supervisor of the Inspectorate, it is not desirable for the CEO to hear appeals from the Inspectorate as there is an apparent conflict of interest. The decision of the Inspectorate is that of the Regulator which is the key function of the CEO. By law the CEO is “functus officio” and the repository of that role and therefore the appeal is essentially a review of his/her “own decision”.

▪ The conduct of appeal by the CEO is not desirable. If however, it is intended to ensure speedy resolution /expediency of decision making, the decision must be based on a panel of “experts” which includes the head of legal of the Regulator and the Head of the function / division within the Regulator who oversees the issue which is subject of the appeal. To ensure fairness and transparency, such [Regulator] internal panel should not have been party to that decision which is the subject of an appeal to ensure appropriate “Chinese wall”, as it were.

Agree. Already provided for in clause 19(3) and (4).

Disagreed. Speedy resolution is required. CEO has discretion who advises him or her prior to independently applying his or her mind to the appeal.

55

Board Appeal

Members of the Board Appeal

Commentary/ Input

As this is a Board process, it is undesirable that an employee of the Regulator should be a member of the board appeal panel, considering that the subject of the appeal is a decision by the employee supervisor. There is an apparent conflict of interest.

▪ Therefore at section 55(6) reference to “.. or employee of the Regulator ..” should be deleted.

▪ We suggest that board appeal panel should be chaired by a legal practitioner.

Conflict of interest – see clause 19(3) and (4).  Board independently appoints its own board appeals committee.

The board may, for purposes of this section, appoint a standing board appeals committee chaired by a member of the board, together with two persons who are not
members of the board or employees of the Regulator.

56

Appeal to the Transport Appeal Tribunal

Jurisdiction of the Tribunal

Commentary/ Input

The Tribunal is authorised to deal with appeals from National Land Transport Act, 2009, and under the Cross-Border Road Transport Act, 1998.

▪ Although the Explanatory Memorandum indicates that the enabling legislation is being amended by Transport Appeal Tribunal Amendment Bill [B8–2020], presumably to cater for matters emanating from the current Act and/or the Bill, it appears that until then, the Tribunal may lack the required jurisdiction.

Commencement of Bill (if adopted by Parliament) to be the same date.

58

Vicarious Liability for criminal conduct

Commentary / Input

The offences created under this Bill requires “wilful” intent on the part of the accused. With regards to section 49(2), please refer to our comments in respect of this section of the Bill, where we have suggested that no conduct by an operator or its employees should attract criminal liability merely for failure to conduct itself/ or through its employees in a manner that draws non-compliance.

It is not competent for a liability for criminal conduct, or at least the offences created in this Bill, to be attributable to a person on principal -agency or vicarious liability.

▪ We therefore believe that section 58 of the Bill should be deleted.

See earlier discussion in page 37.

59

Director’s Liability

Criminal liability for to take all steps that were reasonable under the circumstances to prevent the commission of the of the commission by that juristic person of an offence in terms of this Act.

Commentary/ Input

Directors are expected to take reasonable steps to prevent the commission of offences under the Bill. Directors act in concert as a board, unless a director has delegated authority. The Bill should clarify under what circumstances will a director be held individually liable. No director has authority to act individually unless specifically authorised by a board.

▪ Section 59 provides that a director, trustee or member of a juristic person at the time of the commission by that juristic person of an offence in terms of this Act, is guilty of that offence, and is liable, on conviction, to the penalty specified in respect of that offence, if that offence resulted from the failure of the director, trustee or member to take all steps that were reasonable under the circumstances to prevent the commission of the of the commission by that juristic person of an offence in terms of this Act, is guilty of that offence, and is liable, on conviction, to the penalty specified in respect of that offence, if that offence resulted from the failure of the director, trustee or member to take all steps that were reasonable under the circumstances to prevent the commission of the offence. Board commonly delegate operational responsibility to management and, as per the Corporate Governance Principles applicable / accepted in South Africa i.e. King IV, boards are expected to provide strategic direction and oversight and to exercise a duty to exercise care and skill in the performance of their activities. The essence of which is predicated on the delegatee acting within the bounds of delegation and propriety. In that light, the Bill should reflect on the extent to which a director is expected to take [what appears to be active] preventative steps. This is distinguishable from the expectation that a director should exercise the duty of care.

In addition, the Bill should make clear what is required i.e. if there is a enumerative list of actions that are expected. The phrase “..all steps..” may raise difficulty of interpretation. It is undesirable to make an quantitative requirement on a matter that is intended to be qualitative.

▪ We submit that the word “..all..” should be deleted.

See earlier discussion in page 36.

60

Compensation and Damages

Claim for compensation or damages arising from criminal conduct.

Commentary/ Input

This section proposes a legislative compensation and damages for loss/harm/damage to property and/or to the environment.

▪ The Bill should consider a general compensation scheme similar to the Road Accident Fund for compensation.

Do not agree to the model and its relevance. This a policy issue.

67

Regulations for Compliance Notices and Penalties

Differential imposition and application of penalties.

Commentary/ Input

Section 67(2) states that a Regulation contemplated under this section 67 may allow for differential penalty regime for various operators.

▪ The Bill should make clear and indicate the grounds for such differential treatment and place the authority to determine this differential treatment.

Committee guidance.

Differentiation be in the regulations.

WESTERN CAPE GOVERNMENT (MINISTRY OF TRANSPORT AND PUBLIC WORKS)

Clause of the Bill

Comment

DOT Response/Action

General

The Bill in its current form is not supported, for the reasons set out in this document.

Suggestion/ Recommendation

Revise the Bill as set out herein.

Socio-Economic Impact Assessment (SEIA)

It is unclear whether a SEIA has been conducted.

International best practice necessitates that there should be seamless integration in the rail environment of the safety and security arrangements of the property owner (fixed property and rolling stock), operator and law enforcement agencies. In the Western Cap, particularly Cape Town, has seen the destruction of its railway transport infrastructure.

The opposite of international best practice, therefore, became a reality in the Western Cape and the rest of South Africa, and during the Covid-19 lockdown the destruction of railway infrastructure intensified. Vandalism of the rail system has resulted in the loss of trainsets, which affects poor communities that rely on safe and effective rail transport services.

As the Passenger Rail Association of South Africa (PRASA) cancelled all contracts by 2019, inclusive of all security contracts, it resulted in a severe security void and by 2020 (Alfred, 2020), due to a severe escalation in crime on the 34 lines, the cost escalated more than three times to R1,4 billion for central line damages and after the widespread looting of PRASA assets since April 2020, the cost again doubled from 2020 to 2021 (Hlati,2021) to a level of R2,8 billion. Taking into consideration the intensification of damages in the period of especially 2020 to 2021, the R4 billion overall cost of damages suffered by PRASA in all of the four provinces where Metrorail is functioning.

The Western Cape Government (WCG), in partnership (Francke, 2020) with the City of Cape Town and PRASA, established the Rail Enforcement Unit to improve security on the rail network, focusing on both public transport asset protection and commuter security. This initiative was not continued at the time of the cancellation of all contracts, due to PRASA not continuing with the partnership, even after 67% of the cost was carried by WCG and the City of Cape Town.

Furthermore, (SARP, 1984) by 1977, the South African Railway Police Reservist group reached a total of 2,800 members by 1977; recruited from the ranks of railway workers. This highly important law enforcement capacity was severely neglected by the SAPS and by, more or less 1990, none of these reservists were available as force multipliers to the small number of SAPS appointed police officials for urban commuter rail policing duties.

The effect of crime on urban commuter rail and rail in general intensified during Covid-19 lockdown and widespread (Ash, Nombembe and Singh, 2021) looting resulted in 27 of the 34 railway lines in four provinces where Metrorail operate being in a dysfunctional state by June 2021.

By 2019 the insurance cover (Mantshasha, 2019) for the Cape Town central line was withdrawn due to crime and by 2020/21, the insurance cover of the 26 lines followed.

The national Department of Transport is facilitating the massive investment of R172 billion investment in rolling stock and other assets in urban commuter rail environment without insurance cover for 27 of the 34 lines, which is a recipe for disaster. A comprehensive and integrated safety and security strategy in dealing with crime in the rail environment is currently severely lacking.

Over a period exceeding 65 years of 1930 to 1998, the popularity of the South African urban commuter rail system increased substantially and the 104 plus million journeys recorded by 1939 (SAR 1947:102), reached its highest level of 765 million journeys per annum in 1998 which is more than seven fold than that of 1939. The extreme lowering (Mitchell, 2021) in the number of commuter journeys of 125 million, as recorded for 2019/20, with a further decrease to possibly below 100 million journeys for 2020/21, is less than what was recorded in 1939 in an apple versus apple comparison, as in 1939 the journeys via Metrorail was called suburban journeys. The attack (Toyana, 2021) on railway infrastructure is also becoming increasingly organised and stations are targeted by armed groups of 20-30 criminals, confirming the organised nature of the crime on the SA rail network.

The wider impact of the theft of assets such as cables and vandalism (Larkin, 2021) for state owned enterprises such as PRASA, Transnet, Telkom, Eskom and private entities, inclusive of cell phone operators such as Vodacom and MTN was, by 2021, measured to be at R7 billion a year. The negative knock-on effect for the economy as a result of these direct losses was calculated to be R187 billion per year, which is equal to nearly 27 times that of the direct losses to the economy.

Suggestion/ Recommendation

Given the far-reaching implications of this Bill, it is recommended that a SEIA be conducted. If a SEIA has been conducted, a copy of same is requested.

Comments noted. The Bill has undergone the SEIAS process aligned with approved guidelines.

Need for a new Bill / Act compared to amending National Railway Safety Regulator Act

It is unclear why a new Bill was prepared, instead of preparing an Amendment Bill that amends the National Railway Safety Regulator Act, 2002 (Act 16 0f 2002).

The Bill does not create a new regulatory entity i.e. the Railway Safety Regulator (the Regulator) continues to exist, and it retains many of the existing provisions of the National Railway Safety Regulator Act, with amendments thereto. While it introduces some new concepts and provisions, these could easily fit within the scheme of the National Railway Safety Regulator Act.

Suggestion/ Recommendation

Consider whether it would not be prudent to amend the National Railway Safety Regulator Act instead of providing for a new Bill/ Act that essentially deals with the same subject matter as the National Railway Safety Regulator Act, 2002.

A new Bill was a neater way of incorporating the many revisions that were introduced herein.

Crime in the rail environment: roles and responsibilities of stakeholders / revision of Bill

Section 205 (3) of the Constitution of the Republic of South Africa (the Constitution) states that the “objects of the police service are to prevent, combat and investigate crime, to maintain public order, to protect and secure the inhabitants of the Republic and their property, and to uphold and enforce the law”.

The Bill does not provide for the roles and responsibilities of the SAPS, relevant metropolitan police services or municipal law enforcement structures, PRASA (as owners of fixed assets and rolling stock), Metrorail (as operator of commuter rail services in certain metropolitan areas of South Africa), and Transnet (as main operator of freight services and long-distance rail commuter services), in dealing with all acts of crime in rail environment, including the normal police functions of crime prevention / visible policing, crime intelligence and crime investigation.

The Bill is limited in its scope to mainly the safety provisions from a rail transport engineering perspective and, in the process, little, if any, provisions are contained in the Bill to deal with the important issue of crime and crime prevention in the rail environment.

Suggestion / Recommendation

It is proposed that the Bill be revised to place specific emphasis on a more comprehensive explanation / clear description of the primary and secondary roles and responsibilities of the key stakeholders in dealing with all safety and security arrangements (including dealing with criminal activity) in the rail environment, especially those of the Police Service (SAPS) and a railway police reservist component should be integral to these arrangements.

There need to be seamless crime intelligence, visible policing and crime investigation functions in the rail environment, in accordance with the responsibilities transferred to the SAPS in terms of applicable legislation.

Railway safety legislation for South Africa (including the Bill) should be compiled in line with a methodology whereby a more comprehensive approach is followed in dealing with railway safety to include all aspects of safety as per the mandate of:

1. rail transport engineering; and

2. crime in the rail environment.

By following the more comprehensive approach, a railway safety strategy is compiled in line with the provisions of railway safety legislation where specific emphasis will be placed on dealing with the following main themes:

1. information systems;
2. education; and
3. regulation.

The Bill should make provision for services targeted at crime affecting rail services, for example, through the appointment of Rail Enforcement Officers.

The comments are noted but the issues dealt with in other legislations that created other organs of state.

Proposed formal agreement

Suggestion / Recommendation

It is proposed that a formal agreement be reached between relevant national heads of Transnet / PRASA, SAPS and Metrorail.

This formal agreement needs to be transparent, in ensuring that there is a common understanding of the safety and security roles and responsibilities of the owners of rail property (fixed and rolling stock), the operator, as well as law enforcement agencies with specific reference to the legislation on the integration of the South African Railways Police Force into the SAPS of 1986. Please refer to the list of sources provided earlier I this document for details of the legislation. It is noted that the SAPS do not refer to same in their annual reporting documents.

Outside the scope of the Bill.

Security requirements

Suggestion / Recommendation

It is recommended that the Bill be revised to provide for security requirements to be met by the owner (of fixed property and rolling stock), operator and law enforcement agencies, with specific emphasis placed on the SAPS. More details are provided below.

The recommendation is noted, but it is outside the scope of this Bill.

Provisions relating to persons with disabilities:

Definition of “persons with disabilities”, and clauses 31 (2) (i) (i) and 62 (1) (e)

From a historical perspective, South African urban commuter rail infrastructure and rolling stock were not upgraded to be accessible for persons with disabilities and catered especially for the transport of the urban masses with reference to the working class.

The Bill creates the impression or perception that Metrorail, as the operator of commuter rail service in South Africa, can be held primarily responsible for the execution of safety and security arrangements of commuters, inclusive of commuters with special needs, which include persons with disabilities.

The redevelopment of station infrastructure and rolling stock to be user friendly for persons with disabilities translates into a high cost and this cost needs to be shouldered by the property owner and not the operator of rolling stock, by following the cost benefit analysis approach as prescribed by the Public Finance Management Act, 1999 (Act 1 of 1999) (the PFMA). Please refer to the discussion on the preamble to the Bill, which also deals with the cost benefit analysis.

This impression/ perception is not correct. The Bill does not specify the primary responsibility of the SAPS in terms of the safety of commuters on trains and stations and the primary responsibility of Transnet and PRASA as owners of property in the rail environment (fixed and rolling stock) to safeguard commuters and their associated secondary responsibilities in terms of the safety of commuters.

Substantial funding that was made available since approximately 2008 became the target of state capture in both Transnet and PRASA, as highlighted in the Zondo Commission. This forced government to withdraw funding that were either utilised in a corrupt manner (irregular and fruitless expenditure categories) and funding not utilised as per an agreed timeframe, to be withdrawn and re-allocated by the Minister of Finance.

Suggestion / Recommendation

It is recommended that the Bill be amended to provide for a more comprehensive explanation / description of primary and secondary responsibilities of key stakeholders (property owners, operator and law enforcement agencies) in dealing with all safety and security arrangements (inclusive of dealing with all aspects of criminal activity) in the rail environment, including arrangements of persons with special needs.

The recommendation is noted, but it is outside the scope of this Bill.

Risk assessments

The Bill creates the impression that the rail operator can be primarily held responsible for the safety of rail commuters.

Thus, it appears that the operator would need to do a risk assessment to determine the level of crime of crime and other risks for commuters in the rail environment.

This is not correct, as the SAPS and PRASA / Transnet has a primary role to play in developing the risk assessment in line with their primary / secondary mandates.

Metrorail, as the operator, needs to add, where applicable, to the risk assessment in line with its duties as operator in ensuring seamless integration of safety and security of all commuters.

Suggestion / Recommendation

It is recommended that the Bill be amended to provide for a more comprehensive explanation / description for primary and secondary responsibilities of key stakeholders (property owners, operator and law enforcement agencies) in dealing with all safety and security arrangements (inclusive of dealing with all aspects of criminal activity) in the rail environment, including risk assessments.

Outside the scope of this Bill.

Safety and security matters such as overcrowding

The Bill creates the impression that the rail operator can be primarily held responsible for such matters as overcrowding on trains and stations.

The primary responsibility for providing sufficient station platform infrastructure and rolling stock rests in terms of commuter rail with PRASA and transport of freight, with Transnet. It is not reasonable to expect the operator of the rail service, who is not the owner of such a service, to prevent overcrowding on trains and stations.

The operator needs to provide the required personnel to ensure the productive utilisation of the required number of trainsets, which in the case of the Western Cape, is 88 full train sets.

PRASA was by 6 March 2020 only able to provide 34 (39% of the 88 full sets) train sets in the Western Cape and approximately 21 (25% of the 88 full sets) were by that time full train sets.

The reduced number of train sets and full train sets has also been the result of continuous arson attacks and the SAPS being unable to comply with their three-pronged mandate to deal with these arson attacks.

Suggestion / Recommendation

It is recommended that the Bill be amended to provide for a more comprehensive explanation / description of primary and secondary responsibilities of key stakeholders (property owners, operator and law enforcement agencies) in dealing with all safety and security arrangements (inclusive of dealing with all aspects of criminal activity) in the rail environment, including matters such as overcrowding.

The recommendation is noted, but it is outside the scope of this Bill.

Safety and security matters such as lighting

The Bill creates the impression that the rail operator can be primarily held responsible for matters such as the installation of lighting on all walkways, subways, platforms and shelters, and pedestrian bridges having adequate lighting, in order to enhance the safety of rail commuters.

This is not correct, as PRASA / Transnet has a primary role to play to provide proper lighting on station and other rail infrastructure. Where applicable, other owners of property, such as municipal property (subways are examples of municipal property), need to complement the installations by PRASA / Transnet.

Suggestion/ Recommendation

It is recommended that the Bill be amended to provide for a more comprehensive explanation / description of primary and secondary responsibilities of key stakeholders (property owners, operator and law enforcement agencies) in dealing with all safety and security arrangements (inclusive of dealing with all aspects of criminal activity) in the rail environment, including matters such as lighting.

The recommendation is noted, but it is outside the scope of this Bill.

Safety and security matters such as communication capacity

The Bill creates the impression that the rail operator can be primarily held responsible for matters such as the installation of communication infrastructure.

As there will be a high cost associated with the installation of such communication infrastructure, it is not reasonable to expect the operator to carry such a high initial capital cost. It is reasonable to expect that PRASA / Transnet carry such high cost, with the operator carrying the cost of operating the communication system.

Suggestion / Recommendation

It is recommended that the Bill be amended to provide for a more comprehensive explanation / description of primary and secondary responsibilities of key stakeholders (property owners, operator and law enforcement agencies) in dealing with all safety and security arrangements (inclusive of dealing with all aspects of criminal activity) in the rail environment, including matters such as communication capacity.

This is outside the scope of this Bill.

Safety and security matters such as theft, malicious damage to property and other criminal acts that impact on safe railway operations.

The Bill creates the impression that the rail operator can be primarily held responsible for matters such as theft, malicious damage to property and other criminal acts that impact on safe railway operations.

This is not correct. No attempt is made to specify the primarily responsibility of the SAPS in terms of the safety of commuters on trains and stations and the primary responsibility of Transnet and PRASA as owners of property in the rail environment (fixed and rolling stock) to safe guard such property.

Suggestion / Recommendation

It is recommended that the Bill be amended to provide for a more comprehensive explanation / description of primary and secondary responsibilities of key stakeholders (property owners, operator and law enforcement agencies) in dealing with all safety and security arrangements (inclusive of dealing with all aspects of criminal activity) in the rail environment, including matters such as theft, malicious damage to property and other criminal acts.

Outside the scope of this Bill.

Safety and security matters such as deployment of security personnel

The Bill creates the impression that the rail operator can be primarily held responsible for matters such as deployment of security personnel at strategic areas of the operators’ facilities, station precincts, on trains and railway network depots.

This is not correct. No attempt is made to specify the primary responsibility of the SAPS in terms of the safety of commuters on trains and stations and the primary responsibility of Transnet and PRASA as owners of property in the rail environment (fixed and rolling stock) to safeguard such property.

It is recommended that the Bill be amended to provide for a more comprehensive explanation / description of primary and secondary responsibilities of key stakeholders (property owners, operator and law enforcement agencies) in dealing with all safety and security arrangements (inclusive of dealing with all aspects of criminal activity) in the rail environment, including the deployment of personnel.

The recommendation is noted, but it is outside the scope of this Bill.

Safety and security matters such as technology

The Bill creates the impression or perception that Metrorail as the operator of commuter rail service in South Africa can be held primarily responsible for the execution of safety and security arrangements.

The impression / perception created is not correct, as substantial capital outlay is needed to install and contract technology for safeguarding of fixed assets such as stations / depots and rolling stock with a combined value of R373 billion (Transnet’s assets are valued at approximately R355 billion and PRASA’s are valued at approximately R18 billion).

The use of innovative means of ensuring security which includes electronic security systems and aids and, under this cost, items such as highly advanced CCTV, access control systems and drone technology can be applicable.

The majority of this cost should be carried by the owner of fixed property and rolling stock and not the operator.

The operator has a reasonable expectation that PRASA and Transnet as the property owners and the SAPS to adhere to minimum standards in the safeguarding of commuters and property (fixed and rolling stock) respectively.

The operator should adhere to the core business of operating the rail system and not be primarily tasked to provide a full safety and security function in the rail environment.

At best, the operator needs to complement the safety and security arrangements of the said key stakeholders in ensuring the safety of commuters and property in the rail environment.

As per procedural requirements under the PFMA, PRASA and Transnet as state-owned enterprises and owners of substantial combined property portfolios exceeding R373 billion, are expected to develop business cases where the process of cost / benefit analysis is followed to indicate the cost of investing high amounts of capital versus the benefit of projected positive economic impact of both freight rail and commuter rail transport.

It is recommended that the Bill be amended to provide for a more comprehensive explanation / description of primary and secondary responsibilities of key stakeholders (property owners, operator and law enforcement agencies) in dealing with all safety and security arrangements (inclusive of dealing with all aspects of criminal activity) in the rail environment, including matters such as technology.

The recommendation is noted, but it is outside the scope of this Bill.

Minister of Transport’s conflict of interest

The Bill does not address concerns around the Regulator and state-owned operators such as PRASA reporting to the Minister of Transport.

The current reporting structure might have an impact on the Minister’s ability to ensure that all operators comply with the new Act, while at the same time ensuring the provision of rail services provided by operators such as PRASA. There may be case in which the Minister faces difficulties in balancing these two needs.

Suggestion / Recommendation

It is recommended that the Bill be amended to elaborate on how the Minister is expected to manage situations in which his ability to make fair decisions or to enforce the provisions in the Bill/ Act is compromised by his oversight role over both the Regulator and operators such as PRASA.

The proposed Bill confers powers to the RSR staff to act independently in spite of the RSR being under the minister’s oversight.

The arrangements of Government and its Entities is the prerogative of the Executive.

Discretionary powers are broad

Many of the discretionary powers contained in the Bill are too broad (e.g. see clauses 4(3), 47 (1), 51 (9) and 52 (7). The Bill should contain clear guidelines in relation to the exercise of the powers.

The courts require that an empowering Act must provide safeguards against abuse and arbitrary application of the power conferred and must provide clear, adequate and substantive criteria for the exercise of the power. See Executive Council of the Province of Western Cape v Minister for Provincial Affairs and Constitutional Development and Another, Executive Council of Kwazulu-Natal v President of the Republic of South Africa and Others 2000 (1) SA 661, at paras 94 and 118.

The Legislature must, in terms of the case law, also provide guidance to the executive if it confers upon the executive discretionary powers which have the potential to limit constitutional rights. See Dawood and Another v Minister of Home Affairs and Others; Thomas and Another v Minister of Home Affairs and Others (CCT35/99) [2000] ZACC 8, at para 54.

Suggestion / Recommendation

It is recommended that the discretionary powers conferred in the Bill be reconsidered and that it is ensured that there is appropriate guidance for the exercise of the powers.

No need to go into more detail.

Language and drafting errors

The Bill contains various language and drafting errors.

Some of the errors are as follows (this is not a closed list):

1. The format of the preamble is incorrect. Further, it is unclear why the Bill has a preamble, given that preambles are typically used in legislation which are of constitutional or international importance, or of an historic nature; the Bill is not of this nature.

2. The chapter numbers should be in Roman numerals.

3. Definitions should not be of a substantive nature e.g. the definition of “board appeals committee” (please see the comment in this regard later in the document).

4. Certain terms are used in the definitions but not in the body of the Bill; e.g. the acronym “SANS”.

5. Many clauses contain broad or vague language e.g. the words “within a reasonable time” in clause 4 (4) and “good grounds” in clause 4 (9).

6. Plain language is not always used (e.g. the word “acumen” is used in clause 10 (1).

7. There are problems with punctuation i.e. incorrect punctuation marks are used, punctuation marks appear on the wrong place, or no punctuation marks are used when they should be used; e.g. a comma should be inserted in clause 4 (10) (c), after the word “suspension”.

Suggestion / Recommendation

To improve the text, it is recommended that the legislative drafter review the Bill using generally accepted commonwealth legislative drafting practices, as well as enlist the support of a language practitioner familiar with these practices.

The Bill (which in principle can always be improved) has been certified by the State Law Advisers as meeting all the necessary legal requirements.

The State Law Advisers’ Legislative Drafting Guide was used, not a foreign system. The SLA’s certified this text as meeting all requirements.

The Constitution’s chapter numbers are not Roman.

Agree.

Preamble: Prime responsibility of railway operators

The preamble refers to the “prime responsibility and accountability of railway operators in ensuring the safety of railway operations”.

The preamble does not specify the primary responsibility of the SAPS in terms of the safety of commuters on trains and stations and the primary responsibility of Transnet and PRASA as owners of property in the rail environment (fixed and rolling stock) to safeguard commuters and their associated secondary responsibilities in terms of the safety of commuters.

Suggestion / Recommendation

Please refer to the earlier comments on roles and responsibilities in the rail environment.

It is recommended that the preamble be aligned with said comments.

There is nothing wrong in the preamble referring to the “prime responsibility and accountability of railway operators in ensuring the safety of railway operations”.

The recommendation is noted, but it is outside the scope of this Bill.

1

Insert new definition ‘Republic’

The term ‘Republic’ is used throughout the Bill (e.g. clause 3 (d) and (f), however, it is not defined.

Suggestion / Recommendation

It is recommended that the term ‘Republic’ be defined in the Bill.

Comments noted and accepted.

1

‘board of appeals committee’

Definitions should not contain substantive provisions; these should be set out in the body of the Bill.

It should be ensured that definitions in the Bill do not contain substantive provisions.

Suggestion / Recommendation

The definition of “board appeals committee” should say, for example, that the board appeals committee is a committee contemplated in section 55 (6).

Not a substantive provision – although “contemplated” is better.

1

“aerial cable-operated transportation system”

The definition says an aerial cable-operated transportation system is operated on track, which is not accurate.

Suggestion / Recommendation

It is recommended that the definition be revised to state that a cable-operated transportation system operated on a cableway.

Comments noted and accepted.

1

“network operator”

Suggestion / Recommendation

Delete the word “ultimately”.

Agree.

1

“operator”

The definition of “operator” includes the term “concessionaire”, but this is not defined anywhere in the Bill.

Suggestion / Recommendation

It is recommended that the term “concessionaire” be defined, considering that not all readers would be familiar with the term. Also, different readers might interpret the term differently, making it important to provide a definition for the term in the Bill.

See “operator” proposal at the end of the matrix.

1

“persons with disabilities”

It is unclear why the definition should be limited to long-term impairments, as there may be persons with short-term impairments that also require assistance in the railway environment.

Suggestion / Recommendation

It is recommended that the term be extended to include persons with short-term impairments.

Not to be addressed in this Bill.

1

“station operator”

The definition incorrectly refers to “network operator” (i.e. please refer to the wording at the end of the definition). The reference should be to ‘station operator’.

Suggestion / Recommendation

Replace “network operator” with ‘station operator’.

Comments noted and accepted.

1

“technologies”

The definition of “technologies” is vague.

Suggestion / Recommendation

It is recommended that the definition be expanded to clarify what is intended.

Comments are noted. The definition is appropriate in places where it is used in the Bill.

4 (4) and 4 (6)

A specific time period should replace the reference to “reasonable time”, to ensure greater certainty in the provisions.

Suggestion / Recommendation

Insert a specific time frame, that may be extended by the Minister.

Comments are noted but not accepted. Regulations, Determinations and Guides provide further details for governing related activities.

4 (5)

It should be mandatory for the Minister to publish the application for public comment in the Government Gazette, and for the applicant to respond to comments received on the application.

Suggestion / Recommendation

Change the word ‘’May’’ to ‘Must’ (i.e. ‘the Minister must…’).

Can be published on the website.

The Minister to decide.

4 (9)

The phrase “good grounds’’ is vague and open to interpretation.

Suggestion / Recommendation

It is recommended that factors be set out in the Bill that will guide the discretion of the Minister.

This also applies to other similar provisions e.g. clause 21(1)(d).

Disagree.

4 (10)

Normally the word ‘withdraw’ and words derived from that word are used in respect of a Notice. The word ‘repeal’ and words derived from that word are not used.

Suggestion / Recommendation

It is recommended that the word ‘withdrawal ‘be used instead of ‘’repeal’’. A law is repealed, not a Notice.

Comments are noted and accepted.

Words such as cancel, replace, revoke, retract, reverse can be used.

7

The Bill in its current form does not place sufficient emphasis on the need for the Regulator to firstly be represented on provincial level, secondly that the operational capacity of freight trains and commuter trains should be focused upon and, thirdly, that in terms of commuter trains, a report be provided on a monthly basis of actual operational capacity.

Suggestion / Recommendation

It is recommended that the below principles be incorporated in clause 7(1)(a) i.e. it must be clear that the Regulator’s functions must be performed-

1. with due regard for where rail services are provided in South Africa; the Regulator should be expected to have operational capacity in all the provinces of the country;
2. with a specific focus placed on the unique operational challenges placed on the operators of commuter rail (urban and long distance) and freight rail respectively;
3. in the case of commuter rail as the intended backbone of the South African public transport system, a report should be provided on the actual specific rolling stock availability at monthly intervals specifying the number of full train sets and all variations thereof;

and

1. that the report as specified in point 3 above be provided by the Regulator to the Minister of Transport and the Members of the Executive Council responsible for transport on a monthly basis.

Comments are noted but not accepted.

7 (1) (b)

It is unclear why the words “if necessary” were inserted.

The Regulator should be required to provide the relevant information and advice from time to time.

Suggestion / Recommendation

Reconsider the use of the words ‘’if necessary’’.

Comments are noted but not accepted.

9 (2)

The words “as far as possible” suggest that the Regulator need not achieve its objectives.

Suggestion / Recommendation

Delete the words “as far as possible”.

Not correct.

9 (4)

The words “highest applicable standards of ethics and governance” is vague. It is important for board members to understand what the standard of ethics entails.

Suggestion / Recommendation

Elaborate on the applicable standards of ethics.

Comments are noted but not accepted.

9 (5) (a) (i)

The term ‘’railway environment ‘’ is generally used to refer to the operational conditions and not the business / industry sector as intended in this clause.

Suggestion / Recommendation

It is recommended that the term ‘’railway environment ‘’ be changed to ‘railway sector’.

The comments are noted but not accepted: The use of the phrase “environment” is consistent with the literal meaning.

10 (1) (e)

The use of the word ‘’and’’ means that a person must have competence in all of the fields listed in clause 10 (1)(e). This is inconsistent with the introductory words in clause 10(1).

The word ‘or’ should be used instead of “and”.

Suggestion / Recommendation

Replace the word “and” with ‘or’.

Further, the drafter could consider listing each field in a separate paragraph.

The comments are noted but not accepted: the use of “and” is only to conclude the list referred to.

10 (2)

It is noted that the Department of Public Enterprises is not included on the board of the Regulator, despite the department being a key stakeholder in the rail sector, considering its oversight in the rail sector, considering its oversight role over Transnet.

Suggestion / Recommendation

It is recommended that representation from the Department of Public Enterprises be included on the board of the Regulator.

Disagree.

10 (4)

The only executive member of the board is the CEO, which automatically makes the majority of the members non-executive.

Suggestion / Recommendation

It is recommended that this clause be deleted, as it appears to be redundant.

Disagree. Some of the civil society members could be appointed to executive positions. This sub clause does not have any negative impacts.

11 (1)

In the phrase “person who have experience of’’, the word ‘in’ instead of ‘’of’’ is more appropriate.

Suggestion / Recommendation

Change the word “of” to ‘in’.

Agree.

11 (3)

The use of the word ‘’must’’ could potentially create the impression that the Minister is under an obligation to appoint all potential candidates for board membership. This is presumably not the intention.

Suggestion / Recommendation

Amend the clause so that it is clear that the Minister has a choice to appoint potential candidates or not and is not obligated to appoint them.

It is the intention that the Minister is obligated to appoint from nominated list.

11 (4)

It is unclear whether the intention is for the 30 days to apply to the appointment of individual board members, or all the board members.

Suggestion / Recommendation

It is recommended that the wording be revised to make it clear what the intention of the provision is. Please refer to the wording in clause 11(5), which is clearer. Similar wording could potentially be used in clause 11(4).

In order to reach a wider audience, it is recommended that the Notice be published in the Government Gazette as well.

It is the appointment of a board members.

12 (1)

It is unclear whether or not the intention is to state that the chairperson and deputy chairperson may only be chosen from the non-executive board members. If the intention is to state this, then the wording should be revised to clarify same.

Suggestion / Recommendation

Reconsider the wording and revise to clarify the intention.

Disagree.

12 (4) (a)

It is unclear what is intended by the term “vacant”, as this implies that the person is no longer in that position. In this regard, is the intention to refer to temporary incapacity or unavailability?

Suggestion / Recommendation

Reconsider the use of the word ‘’vacant’’ with regard to clause 12(4)(a).

The reference is to the positions being vacant, not to a person as the comment indicates. It means that no person has been appointed to the positions listed.

12 (5)

A notice period for the chairperson or deputy chairperson to vacate his or her office is not included.

Suggestion / Recommendation

It is recommended that a specific notice period be inserted for the chairperson or deputy chairperson wishing to vacate his or her office.

Not to specify.

13 (1) (d)

It appears that an executive board member is intended to refer to a member that is in the full-time employment of any organisation, which might be the reason why more than one executive board member is envisaged in clause 10.

This meaning of executive board member seems inaccurate. A board member should be an executive member if he/she is employed by the Regulator, not by any other organisation. All other board members are non- executive, even if they are employed full-time by other organisations.

Suggestion / Recommendation

Review the intended meaning of executive and non-executive board members and ensure that this is reflected throughout the Bill, where applicable.

Incorrect. The members in clause 10(2)(c) – (e) could be seconded to serve as executive board members.

15 (f)

It is unclear what would constitute an ‘’immediate family member’’.

Suggestion / Recommendation

Elaborate on the meaning of this term. A definition could be inserted in the clause with wording that could start with the following, or similar, words: ‘For the purposes of this section, “immediate family member means’’…’.

The comment is valid, but in providing a finite list, all other possibilities are excluded. The committee is requested to provide guidance as to who should be included.

15 (g)

Suggestion / Recommendation

The phrase ‘’disqualified to act’’ should be changed to ‘disqualified from acting’.

Agree.

16 (3)

Suggestion / Recommendation

It is recommended that the word ‘’that’’ (i.e. “that termination’’) be replaced with word ‘the’ (i.e. ‘the termination’).

Disagree.

17 (2)

Assigning responsibilities for determine the time and venue for board meetings to both the chairperson and deputy chairperson could cause confusion and duplication, considering that the deputy chairperson has the chairperson`s responsibilities only when acting in place of the chairperson.

Suggestion / Recommendation

Assign these responsibilities to the chairperson only. The deputy chairperson can play this role in the absence of the chairperson, because he/she is the default chairperson in such cases.

Suggested alternative text: “The chairperson or any three board members may, at any time, call a special meeting of the board, to be held at the time and place determined by the chairperson if that special meeting is called by the chairperson, or within 14 days at the board’s usual meeting place if the special meeting is called by three board members.”.

18 (1) (b)

It is unclear what is meant by “appropriate persons”.

Suggestion / Recommendation

It is recommended that the clause stipulates the particular criteria for skills or expertise that the persons must possess.

It means relevant people.

21 (3) (a)

It is unclear who may be appointed as an administrator.

Suggestion / Recommendation

It is recommended that the Bill be revised to clarify this issue.

Suggested alternative text: “(a) immediately appoint an appropriately skilled person who is not an employee of the Regulator to take over those functions of the board to do anything which the board might otherwise be empowered or required to do by or under this Act or any other applicable law, as enumerated by the Minister in that person’s appointment letter.”. Also (4).

22 (2)

It could be worth including board participation in the setting of terms and conditions of service for the CEO. Boards often have Remuneration Committees for that purpose. Such a committee could recommend the conditions to the Minister, based on its members’ knowledge of conditions for such positions, which would give the Minister a basis for initiating discussions with the Minister of Finance.

Suggestion / Recommendation

Consider amending the clause to provide for assigning responsibilities for determining the terms and conditions of service of the CEO to the board or its committee responsible for remuneration.

There is a general power to appoint a committee.

22 (4)

The phrase ‘’the due process of the law’’ is vague.

Suggestion / Recommendation

Delete the words “due process of the law’’ and stipulate the applicable procedure.

Disagree.

23 (5) (a)

It might not be necessary to restrict the acting CEO to an employee of the Regulator, in the event that there are situations in which no suitable candidate is found from the Regulator staff and an external person is required to act as the CEO.

Suggestion / Recommendation

It is recommended that the qualification that the acting CEO should be an employee of the Regulator be removed, as this will allow for flexibility to appoint external parties in certain cases.

Disagree.

23 (8)

The phrase “all strategic documents or policies” is vague.

Suggestion / Recommendation

It is recommended that details of the documents be stipulated, so that there is clarity on what must be prepared and submitted to the board.

Comments noted and not accepted.

25

No measures are in place in the Bill to hold the Regulator accountable for its action or omissions. The Regulator is absolved from any liability whereas the operator not adhering to the regulations is committing an offence. In the circumstances, accountability in the Bill appears to be one-sided.

Regulation comes at a cost to society; therefore, the Regulator should be held liable for its actions and add value to railway safety.

Suggestion / Recommendation

It is recommended that the Bill be amended to provide for accountability of the Regulator.

Disagree.

30 (4) (d)

The application should be published in various media in order to ensure that it reaches a wider audience.

Suggestion / Recommendation

It is recommended that the application be published in the Government Gazette, in two local newspapers, and any other media which the Regulator considers appropriate in the circumstances.

Comments noted but not accepted.

30 (7)

To the extent that the clause includes aspects set out in clause 30(5), then it is advisable to cross- refer to that clause (or the relevant sub clauses), instead of repeating the contents thereof.

Suggestion / Recommendation

Consider whether it would be useful to cross-refer to clause 30(5) instead of repeating aspects thereof in this clause.

Agree to add cross reference.

31 (3) (b)

It is not clear why additional safety permit conditions must be unique to the person submitting the application. What will happen in the case of factors or conditions that affect two or more applicants and are, therefore not unique to an applicant, but have impacts such as increased safety risks on all the affected operations?

Suggestion / Recommendation

Reconsider this statement or revise it to improve its clarity. Special conditions could be applied to operators, regardless of whether these conditions are unique to an operator, provided they are likely to have negative impacts on any operator. In these cases, the conditions could apply to permits of all such operators.

Disagree.

The special conditions are over and above the general conditions, and will apply to the applicant, the RSR will also consider other affected parties.

32 (1)

It is unclear why both the board and the Regulator are mentioned, as it creates uncertainty as to who is required to be the initial decision maker.

It is important to know who the initial decision maker is so that the appropriate appeal authority / body can be identified.

Suggestion / Recommendation

It is recommended that the Bill be amended to specify whether the Regulator or the board will be the initial decision maker.

The board should not be included. Delete the word “board”.

32 (4)

It is unclear whether the initial decision is taken by the board or the Regulator.

It is important to know who the initial decision maker is so that the appropriate appeal authority/ body can be identified.

Suggestion / Recommendation

Reconsider clauses where the initial decision-making body has not been identified and elaborate where necessary.

Further, ensure that the appeal authorities/bodies are not conflicted or functus officio.

Delete the word “board”.

32 (5)

The clause mentions that section 33 should not be interpreted to prevent a safety permit holder from applying for an amendment to the conditions of the relevant safety permit, but there are no clauses that describe the process that permit holders should follow in applying for an amendment to safety permits.

Suggestion / Recommendation

Include clauses on the process that permit holders should follow in applying for amendments to safety permits or reference legislation that might address this matter.

Disagree.

The regulations, determinations and guidelines which are published by the Regulator provide the required clarity. Operational matters cannot be included into the Bill.

33 (2)

The circumstances in which a permit may be revoked or suspended are the same.

Thus, it is unclear when a permit should be revoked i.e. when the matter would be considered serious enough to warrant a permit being revoked, compared to when it should only be suspended. This should be clarified.

Suggestion / Recommendation

It is recommended that the clause be revised to provide clarity on this issue.

Comments noted but not accepted: The conditions may be different according to the specific safety related issues/threats which may not be pre-empted. Clause 33 (3) gives further guidance in this regard.

Discretion of RSR.

33 (6)

The words “by operation of law” are unnecessary.

Suggestion / Recommendation

Delete the words “by operation of law”.

Disagree.

34 (2)

Suggestion / Recommendation

It is recommended that the draft policy be published for public comment.

Should be 35(2).

35

General

Consider whether there are opportunities to use the Sector Education and Training Authority accreditation process for the registration of training institutions. Transport Education Training Authority already has rail-related training programmes that could be leveraged. This could save resources and reduce the Regulator’s workload.

Disagree.

35 (2) (e)

The purpose for the service providers mentioned in the clause and the services they will provide are not clear. Are these service providers the parties registered to provide the training services, or are they parties providing other services required by the institutions?

Suggestion / Recommendation

Amend the clause so that the purpose of the service providers, and the type of services they will provide, are clear.

Comments noted and will be considered. Consider inserting the word “training” before the word “services.

36 (1)

It is unclear whether the intention is for the railway safety standards to be contained in regulations, as the clause states that the Minister must prescribe same. The word “prescribed” is defined as “prescribed by regulation” (emphasis added).

Suggestion / Recommendation

Revise clause 36 so that it is clear what is intended.

The drafter could, perhaps, use alternative wording such as ‘issue’, as opposed to “prescribe” (i.e. the Minister may issue railway safety standards).

Disagree.

36 (2) (a)

The Bill does not explain what is meant by ‘railway environment’. This should be clarified.

Suggestion / Recommendation

It is recommended that the Bill be amended to clarify this term.

The comments are noted but not accepted: The use of the phrase “environment” is consistent with the literal meaning and the context where it is used.

36 (3) (a)

Explanatory memoranda normally accompany Draft Bills and Bills. They do not normally accompany subordinate legislation or instruments.

Further, if the intention is that the standards will be in the form of Regulations, then the Regulations must be published by the Minister and not the Regulator.

Suggestion / Recommendation

Delete the reference to the explanatory memorandum.

Further, if the intention is that the standards will be in the form of Regulations, then it is recommended that clause 35 be clarified to state that the Regulations must be published by Minister for public comment.

Might be helpful to provide background.

36 (5)

It is unclear what the difference is between a railway safety standard and a railway safety specification (if any).

Suggestion / Recommendation

Revise the clause to clarify the meanings of both terms.

Comments noted and will be considered. To remove the word “standard” before the word “specification”.

37 (3)

It may be prudent to publish determinations in the Government Gazette as well, in order to reach a wider audience.

Suggestion / Recommendation

Revise the clause in order to include publication in the Government Gazette.

Comments is noted and accepted.

38 (1)

The difference between a consultative forum and a regional consultative forum is not clear.

It is recommended that the Bill be amended to improve clarity on the difference between a consultative forum and a regional consultative forum. This will make it easier for readers to understand when the Regulator may establish these structures.

Comments are noted and will be considered.

Reference to be made only to consultative forum.

38 (3)

It is unclear what types of matters the forum may consider; the clause only refers to “any matter placed on the agenda by the Regulator”, which is vague.

Suggestion / Recommendation

It is recommended that detail be provided on the types of matters that the Regulator may refer to the forum for consideration.

Comments noted but not accepted. The suggestion will be very limiting and therefore not accepted.

It is consultative.

38 (6)

Subject to the comment on clause 38 (1) above, which forum (consultative forum or regional consultative forum) may, with the concurrence of the Regulator, establish forums at local level?

Suggestion / Recommendation

Specify whether the consultative forum, the regional consultative forum, or both may establish forums at local level.

Reference to be made only to consultative forum.

41 (1)

It is unclear whether the intention is also to provide for provincial officers.

Suggestion / Recommendation

It is recommended that this matter be clarified.

Outside the scope of the Bill.

42 (2)

It may be useful to have a general protocol, which can then be adapted into a specific protocol to be concluded with an operator.

Suggestion / Recommendation

Please consider including a provision to this effect.

Comment not accepted. It is over regulation.

43 (1)

The phrase “any premises of the railway safety permit holder other than a private residence” is very wide.

While it does not include private residences, it includes other premises “of” the railway safety permit holder. This could be interpreted as including other premises which do not relate to the railway safety permit or the railway safety environment.

The clause should clearly state that only regulated premises are contemplated in this clause and not any other premises.

Please refer to Gaertner and Others v Minister of Finance and Others (CCT 56/13) [2013] ZACC 38 and Estate Agency Affairs Board v Auction Alliance (Pty) LTD and Others [2014] ZACC 3 (Auction Alliance judgment) for principles relating to warrantless searches.

Suggestion / Recommendation

It is recommended that the clause be revised a set out in the column to the left.

Further, clause 43 should be reconsidered to ensure that there is consistency with applicable case law on warrantless searches.

Agree.

“of” could be changed to “owned or operated by”.

The work of the inspector is only limited to railway operations.

44

General

Please refer to the above references to case law.

Suggestion / Recommendation

Clause 44 should be reconsidered to ensure that there is consistency with applicable case law on searches under the authority of a warrant.

Comments noted.

44 (1)

The clause refers to “…an offence is being or has been committed in terms of this Act”. it is assumed that reference is being made to an offence contemplated in the Act.

The use of the phrase “in terms [of] this Act” is not correct. An offence is not committed ‘in terms of’ an Act.

Suggestion / Recommendation

Reconsider the clause in light of the comments.

Agree.

44 (9)

This clause is broad and open to interpretation. It would be prudent to provide guidance to the police officer in order to ensure that constitutional rights are respected and protected.

Suggestion / Recommendation

It is recommended that the clause be revised in light of the comments.

Disagree.

45 (1)

Consider whether the binary classification (male/female) of gender could cause complications in cases where certain people do not identify as belonging to one of these classes.

Suggestion / Recommendation

It is recommended that the clause be revised to make provision for cases in which certain people may not identify as male or female.

Disagree.

47 (1)

It is unclear what is meant by “condition”.

Suggestion / Recommendation

It is recommended that the clause be revised to clarify what type of condition is envisaged.

The meaning of the term “activity” is unclear.

Suggestion / Recommendation

It is recommended that the clause be revised to provide clarity on the meaning of this term. Alternatively, a definition could be inserted in the Bill.

The term “reasonable” (i.e. “reasonable opportunity”) differs between circumstances. A minimum period, which can be extended, should be prescribed for greater clarity.

Suggestion / Recommendation

It is recommended that the term “reasonable opportunity” be replaced with a prescribed minimum number of days that can be extended by the railway safety inspector.

Comments are noted but not accepted, the words have literal meaning in the context.

48 (2) (b)

It is not clear what is meant by “infrastructure which has a direct or indirect bearing on the railway occurrence.” It is recommended that the wording be clarified, so that it is certain what is intended.

Referring to infrastructure that has an “indirect bearing on [a] railway occurrence” is very wide and open to interpretation and this could lead to unintended consequences. This phrase should be narrowed.

Suggestion / Recommendation

Revise the clause in line with the comments in the column to the left.

Disagree. It is a legal requirement not to tamper with the scene of the occurrence.

51 (4)

Inclusion of the word ‘may’ provide the investigator with a discretion on whether or not to submit interim reports to the Minister.

The Minister is not afforded the discretion to request interim reports from the investigator where the Minister deems it necessary, considering the circumstances of the railway occurrence. Provision should be made for such discretion.

Suggestion / Recommendation

It is recommended that the wording be revised to afford the Minister the discretion to request interim reports from the investigator, considering the circumstances of the railway occurrence. This should be in addition to the investigator being afforded the discretion to submit interim reports.

Disagree.

51 (7) (a)

In order to ensure that a wider audience is reached, the final report should be published in the Government Gazette.

Suggestion / Recommendation

It is recommended that the clause be aligned with the proposal in the column to the left.

Disagree.

51 (7) (b)

The need for the words “as far as may be practicable” is unclear. The Minister should give effect to the recommendations of the investigator.

Suggestion / Recommendation

Delete the words “as far as may be practicable”.

The investigator’s report are recommendations not binding directives, hence the usage of the phrase ‘as far as practically possible.

51 (8) (c)

This clause includes records or evidence relating “indirectly to the occurrence”. This is very wide and open to interpretation. The clause may thus have unintended consequences.

Suggestion / Recommendation

It is recommended that the scope of the clause be narrowed.

Disagree.

.

52 (4)

The words “must conduct an individual investigation” are confusing. While the intended meaning that the operators should conduct separate investigations, the phrase could be misinterpreted to mean that they should conduct one (combined) investigation.

Suggestion / Recommendation

Revise the wording to so that it is clear that the investigations are to be separate.

Agree.

To repeat sub (8).

55

General

In certain circumstances, it is unclear whether or not the intention is to refer to the board or the board appeals committee e.g. clause 55 (3).

Suggestion / Recommendation

Clause 55 should be reconsidered to ensure that the correct body is referred to.

Full board unless it is delegated.

55 (3)

This subsection does not make provision for instances of clause 54 (6) where the appeal was lodged directly with the board appeals committee. In such instances, there may not be any grounds of appeal, reasons for the decision of the CEO and the CEO’s reply to the grounds of appeal for the board to consider before a decision is made.

Suggestion / Recommendation

Reconsider the clause and amend as may be appropriate.

Comment are noted but not accepted. Clause 55 deals with appeals to the board appeals committee.

55 (6)

This clause suggests that the standing board appeals committee will be chaired by a member of the board and two other persons, which does not appear correct. The intended meaning seems to be that the appeals committee is chaired by a member of the board and that there are two other persons who are members of the appeals committee, and they are not co-chairs.

Suggestion / Recommendation

It is recommended that the clause be amended to show that only the member of the board will be the chairperson and the other two people on the appeals committee will be ordinary members (not co-chairs).

Agree to change the words.

61 (1) (a)

The phrase “any other place as a station” is not clear.

It is assumed that this refers to the designation of any other place as a station. However, this should be stated.

 Suggestion / Recommendation

It is recommended that the clause be amended to make its meaning clear.

Further the word “station” should not be in bold.

Agree.

61 (3)

Regulations are made by the Minister. Thus, the Department should prepare the draft regulations and not the Regulator. The Department may, however, prepare the draft regulations in consultation with the Regulator.

Suggestion / Recommendation

Revise the clause accordingly.

The ultimate promulgator of the Regulations is the Minister. There is nothing wrong in the Bill indicating some of the paths s/he follows in getting the draft Regulations including using the RSR as one of the paths.

61 (4) (a) (ii)

In many instances, comments are submitted electronically. Thus, the reference to “address” is problematic.

Suggestion / Recommendation

Consider amending the clause to provide for electronic submission also.

Disagree. The address is not limited to physical address, and may also refer to electronic.

61 (5) (c)

“Traditional railway operations” and

“rapid rail operations” are used for the first time in this section, but are not defined or clarified anywhere, which could result in inconsistent interpretation of the intended meaning of these.

Suggestion / Recommendation

Revise the clause for the sake of clarity, as this will ensure consistency in interpretation.

Disagree.

62 (1)

The phrase “new operations” appears misplaced and unnecessary in this clause.

Suggestion / Recommendation

Exclude the phrase “the design, construction, and alteration of railway or railway operations”, noting that design and construction typically refer to new operations, while alterations typically refer to existing operations.

Some of the matters in respect of which the Minister may make regulations are too broad. Clarity should be provided on the scope of some of the broad regulations. For example, “operations” and “commissioning”.

Suggestion / Recommendation

It is recommended that the clause be revised accordingly.

Disagree.

66

The Bill states that the Minister may determine permit fees in consultation with the Minister of Finance on an annual basis.

It is recommended that the proposed fees be published for public comment. This will allow for the public and railway operators to be involved in the process of determining the fees. This will then mitigate against the risk of fees being determined on an arbitrary basis.

It is also recommended that there should be a weighing up of the cost of regulating the railway operators against the costs prevented (accidents) as a result of regulating railway operators.

Suggestion / Recommendation

It is recommended that the proposed fees be published for public comment. This will ensure transparency and accuracy in determining fees.

Further, a broad objective framework to determine permit fees should be included in the Bill.

The comments are noted but not accepted. Consultations do take place in this process and details are addressed in the applicable regulations.

COMMISSION FOR GENDER EQUALITY

Clause

Comment

DOT Response/Action

General

Factors to be considered in the development, adoption, and acceptance of standards in the Railway Safety Bill.

It is recognised that safe railways are fundamental to the safety of all persons. It is submitted that women, children, elderly persons, LGBTIQA+ and persons with disability are vulnerable in society including at the railway environment. Such vulnerability is often due to lack of consideration of their safety, needs and challenges. Addressing the abovementioned vulnerable daily needs and challenges will ensure that their vulnerability is minimised or erased and therefore they are treated equally and benefit equally.

To this end, standards in the Railway Safety Bill need to be gender sensitive and recognise for example safety in the railway environment needs to be considered psychological harm that women in general are subjected to at the railway environment. This often take place when they are subjected to all forms of harassment including sexual harassment and other forms of discrimination.

Against this backdrop, the development of any standard developed, adopted, or accepted in terms of these Railway Safety Bill, should not only be based on consolidated results of science, technology, engineering, and experience with the view to promote optimum safety but should encapsulate a gender element with the view of promoting gender equality and safety at the Railway. That should also be fair and not discriminatory to anyone regarding their gender, sex, sexual orientation, race, marital status, and other grounds which are unfair.

Agree, to be left to the board. Not for the Bill.

General

The role of the Board of the Regulator

It is recognised that the Railway sector is predominately male dominated as such, the sector neglects to prioritise and appreciate the challenges experienced by women commuters. The Employment Equity Manager of railway must ensure that the sector is not male dominated, the EE Manager must ensure everyone is well represented at the railway environment regardless of gender, sex, race, sexual orientation, marital status, disability, and other grounds.

To this end, the Commission recommends that the Board and the Regulator must go through a gender sensitive training to enable them to develop and accept standards that seek to promote safety and interest of women, children, elderly persons, persons with disabilities and LGBTIQA+. Such training must be made mandatory in the Regulations.

The Commission notes that the Regulations in the Railway Safety Bill do not make it mandatory that standards be developed and accepted. To achieve safe railway operations, it is recommended that the Railway Safety Bill makes it mandatory for the Board and Regulators to develop gender sensitive provisions. In terms of section 6 of the Railway Safety Bill the object of the Regulator is to promote, regulate and report on safe railway and railway operations through the appropriate and timely application of support, monitoring and enforcement instruments provided for in this Act.

Agree, to be left to the board. Not for the Bill.

General

Procedure for the acceptance or adoption of Railway Safety Bill

The Commission welcomes the procedure outlined to acceptance, adopt the Railway Safety Bill, particularly the technical Committee. Whilst the provisions propose that the technical Committee may appoint subcommittees or working groups comprising experts in the field to be covered by the Railway Safety Bill.

It is however, suggested that diversified technical Committees and/or experts in the field would priorities issues that concern women, persons with disabilities, elderly persons and LGBTIQA+ persons. In this regard, the composition of technical committees and experts must consider gender, race, and sex.

Agree, to be left to the board. Not for the Bill.

General

Responsibility, review, and amendment of Railway Safety Bill

The commission welcomes this clause as it will ensure that the developed provisions are at par with the developments in the country. It is however recommended that there must be a time frame for the review and amendment process. A time frame will serve as a guideline to the railway, and it will also ensure that provisions developed by the railway are reviewed and amended timeously without any unnecessary delays.

Agree, to be left to the board. Not for the Bill.

General

Evacuation procedures

The Commission welcomes the requirement that the Plan must address emergency evacuation procedures for the safety of persons including persons with special needs. The Commission submits that the plan must specifically and intentionally outline how children, pregnant women, elderly persons, persons with disabilities are to be evacuated. Such a procedure must be communicated to all persons (including commuters and staff). It is therefore recommended that awareness campaigns be conducted to sensitive persons of challenges encountered by pregnant women, elderly persons, and persons with disabilities at the railway environment.

Agree, to be left to the board. Not for the Bill.

Conclusion

The Commission supports the national Railway Safety Bill, in so far as they seek to promote safe railway operations. Overall, the Commission asserts that the gender element to the development of the local and national Railway Safety Bill would not only enhance safe railway operations but promote an inclusive environment that caters for the needs of all persons irrespective of their sex and gender.

The railway must also consider their Employment Equity Plan when deploying new candidates to avoid the railway from been a male dominated environment and it must also ensure that everyone regardless of their sex, race, any form of disability or gender is well represented at the workplace.

Agree, to be left to the board. Not for the Bill.

BOMBELA OPERATING COMPANY

Clause of the Bill

Comment

Response

Safety Permits

Under the new bill, combined or grouped categories of railway operations that require safety permits have been removed

The committee is requested to confirm whether this means that BOC will now be required to obtain permits for each category of railway operations?

BOC proposal:

The committee to consider the inclusion of combined or grouped categories of railway operations.

See” operator proposal”.

Public Participation

Under the new bill, the safety permit renewal process will be subjected to public participation.

The concern is that this expectation will create an administrative burden as well as financial consequences for BOC. This is in terms of identifying, registering and gathering including consolidating views of the interested parties.

BOC proposal:

That the committee considers only new applications for public participation and exempt renewals of safety permits.

That permits be valid for a longer period. In this regard, a minimum of 5 years is suggested.

Not supported.

Training for safety critical grades

Under the new bill, there are new training requirements for safety critical grades. However, the committee is requested to clarify the following:

Will BOC staff based in CoT, CoJ, and CoE have easy access to training institutions?

What will the costs of training safety critical grades be?

How will training institutions be chosen, authorized, or accredited to provide training?

BOC proposal:

That the requirements and associated timelines be specified for operators who want to be registered as training institutions.

Disagree. To be provided for in regulation and policy.

Licencing for Safety Critical Grades

Under the new bill, there are new requirements for licensing of the safety critical grades by the RSR. However, the committee is requested to clarify the following:

Who bears the liability for a safety critical grade that does not obtain the required license and cannot be accommodated in other activities of the operator?

What will the costs of licensing safety critical grades be?

What will the validity period for safety critical grades licenses be?

What will be the procedure for renewing licenses?

Comments noted but not accepted. These are operational issues.

Saturday, 19 November 2022: JB Marks Local Municipality.

Venue: Klerksdorp, Matloasana Recreation Centre

Name

Organisation

Support Yes/No

Reasons

Leen Logan Appels

Teacher

Yes

Railways city protection: Provision of police official for protection in all coaches – provision of safety measures in train stations.

Sam Mpathi

Tlokwe City Council Ward 18, Public Safety

Bill should ensure that maintenance of rail is implemented as it assist in lowering road transport and accidents, create jobs and criminal activities by homeless people and drugs abusers.

Further required clarity on trading permits.

Thandiwe Mvala

Community Ward Maquassi Hills

The bill should ensure restoration, revamping and maintenance of rail stations and the visibility of police officers in ensuring safety.

Rebecca Tshebane

Maquassi Hills Speakers’ Office

 Yes

The bill should ensure that revamping of train stations and security for safety are enhanced.

Sydney Ntseare

Community Rep

Yes

Restoration of train stations will enhance economic growth and transformation agenda.

Puleng Nojola

Community Rep

Yes

Safety inspection: More people will be able to use train, however provision of security is of importance.

Steven Madikane

Community Member Ward 5

Yes

Restoration of train stations will decrease load on road transport and minimise road accidents, enhance mainline trains that are affordable.

Matsila Sanyasamora

Community Member

Yes

It will assist in the provision of means of affordable transportation of goods and commuters.

Ingret Kidinnetse

Independent Member

Yes

The bill should clarify implementation of safety measures; infrastructure, and should enhance promotion of good governance because that will ensure effective responsibilities.

Ndlovu Mary

Ward Committee Member

Yes

Rail stations should be revamped and be operational, that will assist with affordable travelling.

Sonia Semoeng

Ward 25 Kanan

Yes

The bill will ensure provision of a means of transport, and also should ensure that people with disabilities are catered for.

Panyo Molebatsi

JB Marks Municipality Ward 6

Yes

Bill will ensure that train stations are revamped, provision of safety (police visibility) provision of tuckshops in the stations, safety measures and cancel church operations in trains.

Ethel Montshiwa

JB Marks Municipality Ward 6

Yes

Clause 9, Board members, clause 10, should ensure that board members are effective and accountable; and their appointments of board members are transparent.

Bill should ensure that employees benefits be brought back.

Moses Molwantwa

JB Marks Municipality Ward 6

Yes

Bill should ensure that goods and human trains are separated, if they are inclusive that could create a health hazard.

Lebeko Mafabatho

Extension 10 Ward 5

Yes

Bill should ensure that rail transport is brought back to the people

George Bogatwi

Ward 9

Yes

Bill should ensure that train stations are provided and maintained in every town.

Johannes Melane

Ward Committee

Yes

Government has good policies; however, implementation is a problem. Therefore, it should ensure that safety measures, and proper vetting of officials and security machines are implemented.

Dineo Galeboe

Ward Committee

Yes

Bill should ensure that train stations that were built and those that have been vandalised be restored to assist poor people with ease traveling in this high cost of petrol and renting issues.

Moipone Moremi

Ward 7

Yes

Clause 11, powers given to ministers in the appointment of board members be revisited, therefore a Committee should be empowered to appoint board members as it will ensure non-political appointment.

Reginald Maine

Community member

Yes

Rail transport is less expensive and always on time, therefore the bill  should ensure that rail transport is effectively restored.

Lister Matete

Ward 7

Yes

Bill should ensure that trains are people with disabilities friendly.

Sonia Semoeng

Ward Committee

Yes

Train transport should be restored as there have been much investments done and also is affordable.

Ouma Thobedi

Ward Committee

Yes

Bill should give clarity on the implementation of accessing permits. Safety measures on cross lines and that run along communities, be erected. Employment should be more biased to people within the jurisdiction.

Jacobs Taunyane

Ward Committee Ward 7

Yes

The bill will ensure that train stations are restored with the provision of safety standards against criminal activities that is done by drugs abusers who has occupied abandoned train’s stations.

Mzamo Moala

Community Ward 16

Yes

The bill will ensure restoration of trains as train fees are affordable and convenient.

Ruth Mothibeni

Ward 5

Yes

The bill will ensure effective movement of trains once restored.

Melita Manca

Independent

Yes

The bill will ensure that trains are restored and that will assist the poor community as train fees are affordable. However, safety measures should be in place.

Nontuthuzelo Tanyana

Ward 5

Yes

The bill will ensure restoration of trains.

Written Comments

Violet Moilwa

Community member

Yes

Supports the idea of reintroducing long distance  train services.

Qekiwe Sangeni

Community member

Trains must have security guards, accommodate people with disabilities and arrive on time during load shedding.

Evelyn Motlhbane

Community member

Trains must arrive on time during load shedding; stations must have guardhouses and there must be security 24/7 to create jobs and for the safety of commuters.

The station at Leeudoringstad should be operational.

Puleng Nonjola

Community member

The safety inspectors should be available 24/7.

Paseka Au

Community member

Yes

Supports the Bill and would like the Committee to also consider youth skills development when it amends the Bill,

Lemmie Skiet

Community member

Yes

Supports the Bill, but is concerned about the safety of children should train services be reintroduced on the Alabama and Jakaranda railway line in Jouberton since communities are located next to the railway lines and children are not familiar with the trains.

Moiteheri Lipholo

Community member

Yes

Supports the Bill as would reintroduced trains as a safe, convenient and affordable means of transport.

Jackson Selebalo

Community member

Yes

The Bill should bring security and restore train stations. The Leeudoringstad train station should be fixed. Train services should be reintroduced because it is a safer and more affordable means of transport.

Monica Thubisa

Community member

The Bill should accommodate people with disabilities, especially those in wheelchairs.

Mzamo Mvala

Community member

Railway crossing should be fixed and railway lines must be fenced especially in areas where there are houses and livestock next to the railway lines. The writer would like to know what employment would be created in the rail sector especially for security positions.

Matsela Senyamore

Community member

Yes

Appeal to Government for providing affordable transport as taxis are expensive, and requests train services in Klerksdorp with security to keep commuters safe.

Lolette Douw

Community member

The writer seeks clarity on how the Bill would implement railway safety since there are no passenger train services in the area and rail infrastructure has been vandalised.

Kedibone Dithejane

Community member

The Leeudoringstad train station should be fixed. Train services should be reintroduced.

Lettie Sekete

Community member

Yes

Reintroduced long distance train services.

Duma Thobedi

Community member

Yes

The Bill should accommodate people with disabilities.

Daniel Motete

Community member

Yes

Reinstate the Leeudoringstad trains as it would reduce accidents of truck on the roads.

Sunday, 20 November 2022:  Rustenburg Local Municipality. Venue: Rustenburg

Name

Organisation

Support Yes/No

Reasons

Basetsane Rakonau

Ward Committee

The bill should ensure that along rail lines, safety measures are erected.

Modiswe Sfolo

Ward 18 Madibeng

The bill should clarity forums to be consulted with a purpose of sharing of ideas in implementation of safety, and further make clarity on issuing and accessing permits.

Klaas Moloto

Ward Committee Ward 17

The bill should ensure that safety measures are implemented along railway lines in protecting communities that are residing along the lines. Fencing and building of bridges can assist in mitigating those threats. The bill should consider appointment of station managers.

Tebogo Menyiko

Ward 10 Tlhabane

Yes

The bill should ensure enhancement of safety measures, appointment of active board members and fencing along rail lines. Also the building of traffic lights to caution the public, bull bars and railway inspectors. It should further ensure that trains and stations cater highly for people with disabilities. Lastly, benchmarking from first world countries is of utter importance in ensuring high standards in the operations of rail sector.

Letshere Mabetwa

Moses Kotane ward 10

The bill should enhance safety measures to avert fatal accidents in railways. Also consider ensuring that compensations to victims be enforced. Restoration of trains and revamping of train stations.

PJ Mashaba

Ward Council

The bill should ensure provision of Railway Police Officer for security, building of train station to ensure that service for public to mitigate influx in taxi services that are expensive and creates threats to accidents and violence. Make access to RAF easy and accessible.

Sipho Mafumba

Ward Committee

Establishments of safety measures or consider erection of overbridges over train lines.

Mafodi Nicholus Butjie

Community Member

Provision of security measures to prevent theft. Therefore, erection of iron palisades, booms and robots to control traffic be considered, with the participation of local communities.

Elias Kekana

Community Member

The bill should describe measures of enhancing security and safety along rail lines that run alongside villages.

Dingezweni Neliswa

Community Member

Much as mines in the area creates job opportunities, it also poses dangers together with abandoned and subserviced railway lines and stations. Therefore the bill should ensure that safety measures are in place and maintained, but ensure that overhead bridges are established for the safety of human beings who end up crosses rails.

Kebafibeloe Mogale

Ward Committee

The bill should provide regulations for safety measures enhancement.

Keebone MMopi

Ward 5

The bill should ensure that security and safety measures are enhanced alongside railway lines. Further be explicit with the enforcement of compliance regulations of compensations for victims.

Grace Mogale

Community Member

Yes

The bill should enhance implementation of safety and protective measures, like fencing alongside rail lines.

Calphynia Moate

Ward 28 Rustenburg

Yes

The bill provides for an overhaul of the safety and health system in railway, and provide legislated power for inspectors to inspect and seize material that may pose hazard to the safety of people and railway itself. Therefore, care must be taken to ensure that these provision are not used to target informal traders who have used railways as a source of making a living for many years. Also in support for the standards of training for anyone doing rail specific work.

Lwazi Gwanishweni

The area does not have provided safety measures, which poses threats to the community, especially school going children, who have taken as a norm to cross or just play on railway lines. Therefore, the bill should provide for enhancement of public safety awareness and training on dangers that are posed by not respecting railway lines. Moreover, provision of safety and protective measures should be enhance.

Neo Seemela

Ward Counsellor Ward 10

Yes

The bill should provide for safety measures, railway offices in relevant nearby cities.

Petrus Sello Tshepo

EFF

The EFF welcomes the broad objective of the bill. Since abolishment of railway police, and equally since the enactment of the Transfer of the South African Railway Police Service Amendment Act 14 of 1989, has led to the serious problems in ensuring safety on South African Railways. The results has been the dramatic decline, not only on in the safety of passengers, but also in the ability of PRASA to safeguard critical rail infrastructure.

Louisa Ledwaba

Ward 20

The bill will ensure that provision of trains in villages and revamping of train stations is restored. Regulations should enforce provision of awareness and training programmes about trains to ensure that dangers associated with trains are known by the public.

Mina Molefe

Ward Committee Ward 20

Provision of safety measures in train stations, training centre to conduct awareness programmes about safety measure and dangers associated with railway and trains.

Kedibotle Phasha

Ward 22

Provision of safety measures alongside rail lines and revamping of train stations.

Mpho Modina

Madibeng Municipality

Yes

Pg 5, in definitions it is silent on public participation, thus need to be visited.

Definition of offenders and the participation of the public.

On Powers and functions, clarity is needed on offences and act of violation.

Pg. 23 Consultative forums: clarity should be explained on the composition and participation of communities in such forums.

A suggestion is how about the Department use Gautrain Safety Measures Model in the implementation.

Arther

Yes

The bill will restore the provision of safety measures, restoration and revamping of abandoned train station. Responsibility and accountability and law enforcement should be implemented and enforced.

Evan Sindi Sitore

Ward 32

The bill will ensure restoration and provision of safety measures along rail lines.

Nomsa Yengwa

Ward 26

The bill will ensure provision of safety measures, buildings alongside rail lines which do not comply with construction regulations.

Tsholofelo Mogaswe

Ward 35

The bill will ensure provision of safety measures, however, it should further ensure that local people are considered to be appointed in the Railway Board. Lastly, it ensure that board members appointed are held responsible and hold accountable.

Lucky Moleleni Pitso

Councillor Moses Kotane

Yes

Once the bill becomes an Act, it should be enforced, especially in the employment of capable people, adherence to compliance, and on ensuring communities’ training and awareness campaigns are enhanced and also be prioritised employment for maintenance. Feedback on any issues for development should be conducted.

Doreen Mathibedi

Ward 18 Women South African Women in Transport (SAWIT)

Yes

The bill will ensure provision of safety and protective measures that will also minimise criminal activities that are currently happening in abandoned stations. The bill should consider provisions for enforcement of compensations for train’s victims and their families.

Vincent Utloa

Community Member

The bill is silent on public participation in decision making on issues affecting communities within which railway lines are constructed. Moreover, silent on the participation and role of institutions supporting transport sector.

Jonathan Molefe

Ward Committee Ward 19

The bill should ensure provisions of safety measures inside passenger trains, encourage public participation on changes to be implemented.

Cathrine Makamela

Ward Committee Ward 17

Trains are affordable, however, it poses threats of accidents because there are no safety measures and protective for communities alongside  railway lines.

Duma Noku

Community member

The Committee should assist with training opportunities for Transnet Security officers in Rustenburg.

Dipuo Sekhu

Community member

A bridge is needed in Brits because the trains stand stationery for a long time and then cars and community can’t cross the railway lines. The writer also request training regarding rail safety.

Elizabeth Chilenje

Community member

The station at Stefans  (between De Wildt and Brits) should be rebuild and further requests a bridge in Madibeng and access to opportunities for employment for the youth as security.

Cythia Sesika

Community member

The writer requests long distance passenger train services to Johannesburg and Mahikeng, scholar patrol and bridges at railway crossings for learners in Swartruggens.

Thobenare

Community member

Railway crossing bridges were apparently promised to the Tlhabane community during the 2016 Local Government Elections, of which none has been built to date. In 2018/29 traffic police were deployed at the Tlhabane railway crossings which greatly reduced fatalities. The writer wants this programme to be reinstated.

Enie Monene

Community member

Inquire about job opportunities for the unemployed.

Friday, 25 November 2022: Nkomazi Local Municipality. Venue: Malelane, Kobwa Community Hall

Name

Organisation

Support Yes/No

Reasons

Mduduzi Mamba

ANC

Yes

Appraises introduction of amendment bill as it will enhance economic competition of the province against others. Restoration of railway transport within the province will enhance movement of goods and services in a competitive measure, whilst passenger trains will enhance active participation of the public in economic activities. It will enhance alternative means of transport, affordability and safety. The bill should therefore provide regulations of enforcement and operators adhere to compliance it providing safety and protective measures to enhance passengers trust, safety and sense of ownership to facilities.

Comfort Ndlovu

Ngwenyeni Ward 6

Yes

The bill should enforce safety measures in the protection of communities along rail lines and livestock. Furthermore, the bill should further enforce operator to enhance social investment programme on issues amongst others, offering of bursaries and learnership programmes.

Marritha Preddy

DA Councillor Ehlanzeni

The bill should enhance safety measures in passenger rail and ensure protection against criminal activities in rail. Restoration and provision of rail transport will minimize road transport congestion and accidents.

Sharon Nkosi

Independent Ward 30

The bill should provide enforcement of access to bursaries and job opportunities by operator’s social investment programmes.

Meggy Malamula

Independent Ward 4 Nkomazi

Yes

The bill should enhance provision of safety measures of communities residing alongside railway line. It should provide high level protection by fencing, and hazardous activities that pose danger to communities.

Fane Mafia Surprise

Ward Councillor EFF

Yes

Chapter 7, section 49(2) guilty of offence: The bill should ensure lawful distance between line and residential area.

Enforce provision of signage for safety measures and enhance implementation of maintenance.

Bill should also enhance mandatory relationships between operators and communities so that communities can protect facilities and develop a sense of ownership. In the implementation phase, operators should source services from the locals, to ensure that such communities benefit with work such as R&Es and social investments. 

Happy Khoza

Ward 11

The bill should enhance and enforce operators to give preference to local people for employment in enhancing their social investment programmes.

Doctor Masinga

ANC

The bill should enhance safety measures in rail so that they can be functional, that will create an alternative means of transport because of its affordability and minimum risks to accidents. Lastly, operators should be forced to ensure that benefits of their former employees are provided to their families.

Ms Flora Zitha

Independent

The bill will restore previous operation of long distance rail transport, and that will decrease congestions and accidents on road transport. Moreover, It should enforce provision of high safety standards and protective measures.

Mvuselelo Magagula

ANC

Yes

The bill should give clarity on the functions of the operators’ board versus the role and functions of the Department.

Martha Bhila

EFF PR Councillor

Yes

The bill should ensure enforcement provisions to operators in fulfilling its standard operations plans. That will guarantee participation of communities and build a sense of ownership on the railway facilities.

Nompilo Sibiya

Ward 29

The bill should enforce and monitor implementation of social investment programmes of the operators by providing learnership programmes for youth and awareness campaigns. Moreover, provision of safety measures and over bridges should be enhance. Lastly, the bill should enforce rehabilitation of old and unused rail lines and stations.

Joshua Mokoena

Independent

Yes

The bill should  ensure enforcement of maintenance of train stations and alongside rail lines.

Mxolosi Mavdubandlela

EFF

Yes

The bill should enforce provision and enhancement awareness campaigns on dangers posed by railway lines and trains, further enhance implementation of operators’ social investments programmes.

Sithembiso Nkuna

EFF Ward 11 Branch Chairperson

Yes

Once the bill has become an act, it should be enforced to ensure that, operators adhere to compliance especially, implementation of social investment programmes.

Sandile Nkosi

Ward 30

Yes

The bill should ensure that long distance passenger trains are restored and operational. That will create trust for safety to passengers as an alternative means of transport that is affordable and safe against accidents posed by road transport.

Goodman Nkosi

Ward 11

Yes

They should force operators to enhance implementation of training and awareness campaign programmes in communities alongside railway lines on dangers posed by rail line and trains.

The bill will ensure that operations of long distance passenger trains are restored as they are a preferable alternative means of transport that is reliable, safe against accidents and affordable. Lastly, the bill should enforce implementation of operators’ social investment programmes, and further give preference to local people for employment in specific opportunities.

Innocent Zwane

Ward 11

The bill should enforce provision of safety standards, health services and protective measures within the restoration of long distance passenger trains. Social investment programmes and monitoring plans should also be enforced by operators.

Nokulunga Themba

ANC

Yes

The bill should ensure high safety, protection and health measures in long distance passenger trains and operators should be monitored for implementation.

Saturday, 26 November 2022: Emakhazeni Local Municipality. Venue: Emgwenya: Paul Nkosi Community Hall

Name

Organisation

Support Yes/No

Reasons

Themba Mamba

Community member

Raised a concern that the railway station was closed without any public consultation. Requires a restoration of the railway line.

Mandla Zulu

Independent

The speaker raised a concern on decisions taken in changing operators by board members putting their own personal interests. Changing Spoornet to Transnet created havoc and poor management of the entity which led to its collapse. Revitalization of Transnet should be a priority and restoration of railway transport will ensure people freedom of movement and their safety travelling and movement of goods.

Elfas Zulu

Community member

Yes

Waterval Boven was hub of railway interchange station. The station buildings have been abandoned as they pose a risk of criminal activities. Buildings could be leased out to aspiring small business or be used for recreation or hostels, or source it for TVET Colleges for practical lessons and training offices for aspiring small entrepreneurs.

Risk that can be posed by chrome that is transported within the area. 

Nyamazane Magagula

Community member

Yes

Historically, Waterval Boven is the second biggest station. Restoration of the station can alleviate vandalism that is taking place in these Transnet buildings.

Paulos Skhosana

Community member

Raised a concern on the changes from Spoornet to Transnet which led into non-operation of trains, loss of job opportunities and safe means of movement.

Siphiwe Ngcongwane

Community member

The bill should enforce safety measures that include fencing alongside railway lines and safety in passenger trains. Further raised a concern on communities that have invaded the land and built houses alongside railway lines.

Babili Shongwe

Community member

Yes

The bill should ensure restoration and protection of railway lines and enhancement of guards to ensure protection of facilities.

Siphiwe Nwangwane

Community member

Transnet should revive the heritage sites and community projects and employ the locals.

Babili Shongwe

Community member

Rail safety must be put first and railway lines must be fenced. There should not be age discrimination in employment.

Mandla Zulu

Community member

Transnet should work with and engage with the Waterval Boven community in order to minimise vandalism to rail infrastructure and cable theft.

Sunday, 27 November 2022: Emalahleni Local Municipality. Venue: Emalahleni: Klarinet, EXT 6 Community Hall.

Name

Organisation

Support Yes/No

Reasons

Lucy Masango

Ward 12 ANC member

Klarinet is growing thus creating an increase of traffic, therefore, there is need for Transnet to build an overbridge to mitigate crossing of cars over the railway lines and ease traffic congestion and delays.

Service delivery concern on RDP allocation without proper infrastructure, especially water supply and electricity.

Phindle Maseko

Ward 12

Service delivery concern, improve in the improvement of safety measures on railway line, further prioritize local people for employment in the surrounded mines, provision of health measures in ensuring mitigation of dust emitted by mines.

Service delivery on law enforcement agencies and courts.

Jane Setladi

Ward 14

Service delivery issue, due to lack of job opportunities, the community resort to stealing from goods train that are easily accessible due to lack of security fence.

Nkosinathi Sibanyoni

Ward 14

 The bill should prioritize provision of safety measures in goods trains that are transporting chrome.

Concern on the lack of maintenance and monitoring of Transnet facilities, provision of safety measures, awareness campaigns and social investment programmes.

Goodwill Mkhonza

Ward 12

Lack of Railway Service Regulator (RSR) visibility and footprints, provision of opportunities for communities, small businesses and social investment programmes. Provision of safety and compensation for injured people or who encountered damages due to railway lines.

Vusi Masuku

Ward 15

 In the board there should be a representative from road transport and environment sector to ensure safety measures on environment and against road users.

Safety inspector should also cater for safety of communities and not only protection of facilities.

There should be creation of opportunities for aspiring small businesses so that they can participate in economic activities posed by Transnet and mining companies.

Erodia Mabitla

Ward 12

Participation of Transnet in the hearings should have been prioritised to ensure that it adheres to community challenges posed by their operations and be able to implement safety measures as required by law. Also, enhancement of holding community meetings to address challenges like, creation of over bridges, implementation of social investment programmes, prioritizing locals for job opportunities in curbing unemployment.

Nicholus Sambo

Ward 14

Concern on safety measures for communities residing alongside railway against train that transport chrome.

Lack of maintenance on Transnet facilities leads into criminal activities thus poses danger to the community.

Ritah Maphanga

ANC member

Enhancement of safety measures and enforcement of an act in the implementation of what is required by regulation from regulators and entities.

Liena Maseko

Ward 15 SANCO

Communities should be represented in the board and create opportunities that will enhance participation of local in economic activities. On the bill, a concern was on late receive of documents and information, therefore cannot comment on it.

Mnelisi Majola

Community member

Service delivery issue on provision of houses that caters for people with disabilities was raised. Also, creation of opportunities that favours people and children with disabilities.

Mathabo

Community Member

Railway officials be removed and unemployed youth be hired.

Kgadi Madire

Community Member Ward 14

The bill should be enforced once it has been passed to ensure that contents are implemented.

Nonhlanhla Ngwenya

Community Member Ward 12

Service delivery issue on provision of houses for people from M&S informal settlement.

Annah Phahla

Siyanqoba

Seek to be assisted as a person with disability for intervention in providing a house that is people with disabilities’ friendly.

Peter Mahlangu

Ward 14

There should be monitoring systems in place.

Bernard Mphaga

Community member Ward 12

The bill gives more powers to  inspectors but not address issues affecting communities, bill should be clear on how trucks will be removed and effect more goods movement to goods trains.

Lindiswa Dlomo

Extension 7

Service delivery issue on provision of houses and a child with epileptic challenges.

Doris Zulu

Dangers posed by railway line crossing to Siyanqoba. Lack of social investment programmes and opportunities biased to youth and women development.

Tsholofelo Moroka

Complaints against the Committee.

Bongani Skhosana

Ward Committee

The bill should define clear timeframe for response of operator to incidents.

Chapter 7, 48 operators’ responsibility on stopping the movement after a particular incident, is it really possible?

Dorothy Nchabeleng

Ward 12

Concerns on rail safety as deaf community, signage and building of bridges will be of assistance.

Lukas Mathelele

Ward 14

Concern on cascading the information properly and on time to mitigate derails from the expectations of the Committee due to high volume of community challenges.

Mirriam Nkosi

Community member Ward 12 Siyanqoba

Service delivery issue on shortage of water supply and provision of toilets. Provision of schools nearby, provision of job opportunities for the youth.

Moeketsi Mogoshoa

Community member

Service delivery issue on house allocation.

Friday, 2 December 2022: Gauteng Province: Tshwane. Venue: Tshwane Council Chambers 

Name

Organisation

Support Yes/No

Reasons

Dan Mahlanyana

Informal Traders Representative Region 3 Tshwane

Yes

The speaker raised challenges faced by informal traders, whilst advancing positive impact to informal traders poses by proper functioning of trains. He therefore requested for the implementation of safety measures in ensuring protection of informal traders, as well as passengers. Lastly, the provision of proper channels of interacting with railway operators so that the work of informal traders is protected and enhanced.

Lindiwe Mahlangu

Ward 114 Nkangala Region for Elders

Yes

The speaker raised a concern on the provision of rail line in KaNdebele as a means of alternative transport which is affordable and reliable. Therefore, the bill as supported, should cater for elderly people and advanced technology that advances safety be installed.

Goodwill Khoza

Ward 80

Yes

The bill should ensure that safety measures, protection, and restoration of trains, as they are affordable, are implemented by January and local passenger trains should be running by end of March. Cut on service providers for security guards so that jobs opportunities can be created for local people.

Andrew Kwinda

Informal Settlement

Yes

The bill should ensure that safety measures are optimally implemented especially alongside informal settlements. Therefore, protection fence should be erected and security guards deployed and monitored.

George Chuene

Independent

Yes

Installation of advanced security measures, like camera along train lines, safety should cover passengers, goods, facilities and services. Further enhance public participation in decision making on SOEs.

Falaza William Baloyi

Informal Trader Tshwane Barekisi Forum

Yes

The bill will ensure restoration and proper functioning of trains. Proper functioning of trains yields positive impact to informal traders.

Once the bill has been enacted, its enforcement should take a priority.

Alpheus Sealetsa

SANCO

Yes

In ensuring security, a community safety model should be implemented.

Representation in the establishment of the board should consider three spheres of government.

Ensure social compact by benchmarking from City of Cape Town safety measures and further enhance public participation in any changes to be effected in the running of passenger trains.

Oupa Maisemela

Ward 2 Pretoria North

Spoke on service delivery issues.

Matome Phosa

Centurion Region 4 Representative of Informal Traders under Tshwane Barekisi Forum

Yes

The speaker raised concerns in the manner in which PRASA demolished informal traders’ stalls and the treatment that they are normally given. The bill should ensure that traders on platforms should be catered and further ensure that consultative channels with the operator are provided for. Lastly, informal traders should also be represented in boards formation and be recognised as the stakeholder.

Vusimuzi Makama

Mtshali Foundation in Winterveld

Yes

The bill should consider interlinking means with other means of transport. Interconnected transportation services yields positive and developmental economic activities that benefits social impact. Therefore, the bill should ensure that all of people benefit from transport infrastructure to ensure social compact.

Yoliswa Mathe

Soulsville Member

Yes

The bill will enhance business activities, however, health and cleanliness measures should be enhanced. Therefore, safety measures should be enhanced. Trains should be restored fully as they are affordable.

Rose Mokonoto

Ga-Rankuwa Member

Yes

Raised a concern on potholes.

Keitiretse Clement Ledwaba

Pretoria North

Yes

In the protection of cable theft, the speaker proposed that advanced technology with installation of cameras should be implemented to ensure security and smooth running of trains.

Clayton Laurie

Pretoria North Unity Ministries

Yes

With abandoned facilities, a proposal is that it be leased to the public and non-government organisations for economic activities as they pose danger and vandalism to the public, while it can be used optimally by such organisations.

Sipho Mtshweni

Mtshweni Foundation

Yes

They raised an unsafety concern in trains, therefore, the bill must address the need of commuters and consider contributions submitted by commuters. Railway facilities should be revamped completely especially local train stations.

Moganesi Benny

Independent

Yes

The tender system for service providers for security measures should be revised to cater for local people and furthermore, the bill should enhance enforcement on monitoring.

Also enhancement of safety awareness campaign programmes.

William Tumisho Phuke

Community Representative

Yes

The bill should enforce monitoring systems especially to those that had given tender to render a service, to ensure that work is completely done and up to the specifications’ standards.

Ayanda Ndolela

Pienaarsport Community Representative

Yes

The speaker proposed excessive monitoring of security guards, and also priority be given to local people as security guards in order to ensure high security measures in the facilities.

Kgomotso Modise

Transnet Rep

Yes

The speaker raised that in rendering of prescript and railway safety, the regulator must regulate design and others. The bill should give clarity on issuing and fees for permits, granting of licences and also enhanced offering of training services. (Written submission forwarded)

Abraham Mafa

Leeuforkin

The bill should ensure that safety measures on protection are implemented. Overhead bridge for the public should be erected together with fencing alongside railway lines, especially those that run within communities.

Girlie Madonsela

Tshwane Barekisi Forum

The bill should cater for informal traders by building stalls and further create communication and interaction between Transnet and traders for smooth operations of economic activities for vendors.

Donald Mabilo

Independent

Yes

The speaker raised a concern in the implementation and enforcement of acts, therefore emphasised that contributions raised should be considered, as well as enforcement of the contents and what the bill seek to achieve, which is the implementation of safety and emergency measures.

Sandra Mgwenya

Community Leader

Yes

The speaker outlined how deaths has been experienced in her area caused by goods trains passing through the residential area which is not protected. Therefore, the bill should make provisions of forcing the operator to build protective walls and bridges for community safety in crossing over. Moreover, it should also force the operator to ensure maintenance of its facilities as they pose danger to the community by exacerbating criminal activities in abandoned facilities and long grass alongside rail lines and in subways.

Elijah Madhlala

Barekisi Forum

Yes

Restoration and revamping of trains and facilities should be accelerated by the bill. It will assist in restoring informal traders economic activities as means of fighting poverty and mitigate on socio economic challenges.

Patrick Masango

House for All

Yes

The speaker raised a concern on the lack of provisions for security and safety measures and / or not implemented. Therefore, the bill should ensure provisions for safety and security measures as well as monitoring systems. Moreover, a channel for the participation of informal traders should be created to enhance informal traders’ participation in the economy. Therefore, coordinated channels with the operator should be catered for.

Carlos Mjeje

Rose Happy Times

Yes

The speaker raised a concern on the root cause for cable theft, which he attributes to openly available markets for cable sale. Therefore intervention of closing market should be considered to ensure smooth operation of railway goods and passenger trains.

Sizakele Mahlangu

Ward 100 Mooiplaas

Yes

The speaker applauded the restoration of trains, which she believes the bill seek to achieve. She stated that it will assist commuters as an alternate mode of transport that is affordable and reliable. However, the bill should enforce revamping of rail facilities and ensure that safety measures are implemented, whilst priority for jobs opportunities be given to local people.

Jennette Bilankulu

Ward 100

Yes

They emphasised building of overbridges for public to cross railway lines in creating safety and security measures especially in residential areas where rail lines cross.

Elvis Tjiane

Ward 93

Yes

The speaker raised that unmaintained rail lines and facilities pose danger and are a source for criminal activities, therefore, the bill should ensure that Spoornet or Transnet are forced to have a maintenance programme to ensure that maintenance is properly conducted. That will also create job opportunities for local people as they can be employed to work.

Minkateko Florence Magongoo

Ward 24

Yes

The speaker raised service delivery issue on the conditions of roads that deprive road users access to work or schools.

Athalia Mothapo

Ward 93 Ontakonemogau NPO

Yes

The speaker applauded the bill with the hope that safety and security measures in the facilities as well as alongside railway lines will be put in place.

Gloria Segopolo

Rose Happy Times Elderly Care Projects

Yes

The speaker applauded the bill, however, raised that it should cater for elderly people and people with disabilities. Further requested that funding of NGO for social investment programmes, should be amplified by the bill.

Mabel Mhlanga

Ward 93 Mary Me

Yes

The speaker emphasised the importance of putting safety and security measures in place, therefore the bill should talk to it and its enforcement.

Luwis Masilela

ANC

Yes

The speaker emphasised enforcement of the bill once it has been enacted to be a law.

Salome Baloyi

Community member

The Kopanong station train bridge gets full when it rains which causes commuters to cross the railway lines. Informal traders request containers.

Kgomotso Modise

Transnet

Yes

Transnet reiterates its support for the bill and would appreciate it if the Committee could consider 3 major points of concern around the rendering of prescribed services in respect of new works, operations of technologies, the development of a safety permit fee methodology, and the granting of safety critical grade licences and the registration of training institutions. (a detailed submission was forwarded )

Lazarus Halala

Community member

There is a lack of  oversight and awareness workshops from appropriate departments on issues of safety on railway lines and every transport sector.

Saturday, 3 December 2022: Gauteng Province, City of Johannesburg. Venue: Danie van Zyl Hall, Montclare 

Name

Organisation

Support Yes/No

Reasons

Nceba Ndube

Ward 119 Committee Member

The bill should provide participation of the local people in decision making and further allow them to participate in economic activities posed by effective functioning of passenger local trains. Their participation will enhance a sense of ownership, hence taking charge in protecting railway facilities which will minimise vandalism and theft. Steeling from rail facilities should be classified as a serious offence that amount to treason punishment.

Furthermore, safety awareness campaigns and training should be enforced by the bill, and that will enhance the respect for the facilities and build a sense of ownership.

Takalani Ramaposa

Ward 119

The bill should give clarity on the appointment of service providers on the provision of security and the criteria should be followed. However, raised that local people should be prioritised for effective provision of the service, especially current patrol officers who are assisting communities. In the implementation phase, communities should be furnished with information on the following:

• Plans in place to mitigate load shedding as a cause of concern in effective functioning of trains;
• Participation of Patrol Officers in providing safety and security measures;
• Participation of women workers and schedules.
• Distance of railway lines that will be revamped and expanded;
• Deployment of security guards and the distance that should be covered by a deployed guard with provisions of proper tools of trade.

Lastly, enforcement of the bill and turnaround was raised.

Simon Ramara

Ward 73 Committee on Transport

The bill should consider means of dealing with overcrowding and the number of passengers inside trains. Overcrowding can be mitigated by providing sufficient and effective running of trains. In the provision of safety and security measures, building of palisades alongside train lines and instalment of CCTV cameras can be considered and be provided.

Kwena Rathokolo

Zone 13 Ward 116 Committee on Transport Safety

Yes

The speaker raised a concern on age policy which is 18 – 35, thus excluding elderly people who can are still in working age, together with participation of women workers in provision of security work. Therefore raised that the bill should ensure inclusivity and gender sensitive.

Naledzani Manwadu

Ward 99 Committee Member

Yes

Railway facilities should be installed with CCTV cameras in enhancing security and monitoring mechanisms. Moreover, workers who are providing security should be properly trained and be provided with relevant equipment to ensure effective safety and security implementation. A coordinated channel for interacting between the operator and informal traders should be provided for smooth and permitted and controlled environment for trading in enhancing economic activities. Traders can also be controlled by having an attire for visibility.

Lawrence Nkase

Transnet Freight Unit

Yes

The bill should provide for participation of local informal traders, therefore cohesive relationships with local people should be provided for and that will enhance partnerships with communities and lead to security initiatives as communities will also be benefitting in the operations of railways.

Mesela Nhlapho

CEO: African Rail Industry Association (ARIA)

Clause 7, standards set on export; National Rail Policy on skills, invest on skills also consider rail entrepreneurship, Safety.

Composition and criteria of the calibre of board members.

Internships are not the responsibility of the government, but people should participate in entrepreneurship.

Track quality index for the quality of safety provided.

MaKhumalo

Ward Committee Public Safety

Yes

The bill should ensure that restoration and revamping of facilities are implemented. The Government should find reasons for the cause of vandalism and abandonment of railways facilities and deal with root causes. Moreover, there should be a provision for discussions between taxi operators as they also posed a thread in operations of railways in fighting for provision of transport services.

Edwin Ntshidi

Ward 16 Independent

Yes

Impact of Covid-19 pandemic led into non-functioning of railway operations between Randfontein and Johannesburg. Therefore, the bill should provide for employment of local people alongside rail lines in the provision for revamping and security measures to safe guard rail lines and facilities.

Lorraine Lekale

Ward 40

The speaker raised service delivery issues and implementation of R350.00 grants. However, on the issue of a bill, the speaker highlighted that the Government is able to provide job opportunities. Therefore, old officials should be removed and substituted with youth in the provision of job opportunities. Officials hired in railway facilities should be on permanent basis and further consider revision of employment policy that caters for ages between 18 and 35 years for employment.

Anistine Watson

Ward 82 Committee Member

Yes

The bill should provide for coordinated participation of all safety and security agencies to ensure enhanced safety and security measures. Furthermore, the bill should provide for enforcement regulations on maintenance and complete closure of easy access to railway lines. Awareness and training programmes should be enhanced in order to capacitate residents with understanding of the importance and dangers posed by railway lines.

Lucky Khumalo

Ward 75 Committee Member

Yes

Trains and operations of railway should be similar and not be determined by human class. Chapter 10(b) on the composition of the board members, criteria on educational qualification and on their appointments, several medium should be used with the inclusion of vernacular newspapers, and also various communication medias. The public should also participate in the their appointments

Elaine Lindi Cooke

Ward 33 Committee member on Safety

The speaker raised a service delivery issues on incentives for Ward Committee Members and provision of R350.00 grant, that it should be revisited. On the bill, she raised that the material used for fencing railway lines should be reconsidered and should not be one that communities are in need of. Furthermore, raised the provision and enforcement of maintenance programmes for facilities, and in the provision of safety and security personnel, current patrollers should be prioritised for permanent employment as they are currently trusted in communities. Lastly, safety measures can also be enhanced by provision of sufficient trains with capacity to evade overcrowding.

Frank Motsoeneng

Ward 16 Committee Member

Yes

The bill should provide for recognition and participation of Safety Police Forums in providing security initiatives. Furthermore, it should provide for creation of healthy relationship with communities along rail lines and taxi industry, and also enhance means of communication in trains, and lastly, enhance awareness campaigns and training programmes on dangers and opportunities that are posed by railway lines in schools levels.

Jeanett Mofokeng

Ward 85 Committee Member

Yes

The bill should enhance provision of safety and security measures, not only in the facilities, but also alongside rail lines, and signage’s on rail facilities. Enhancement of awareness and training programmes for public and at school levels.

Service delivery issue was also mentioned by the speaker on age policy and stipend for Ward Committee Members of R1000.00 to be revisited.

Edward Scheepers

Ward 68 Committee Member

Yes

The speaker raised a concern on contracts management in the award of security tenders in the provision of security and safety measures for both facilities and public at large and school going kids in specific, in trains, infrastructure maintenance and training programmes.

A service delivery issue was also raised on the stipend for Ward Committee Members of R1000.00.

Chief Joe Marble

Koisan Mass movement

Yes

The speaker pointed on the Parliament through ANC for the collapse of railway networks, therefore raised that the bill should ensure provision of access to safe railway lines and facilities.

Dickson Dludlu

Transport Ward Committee member

Yes

The speaker raised a concern on employment of security officers, requirements and hiring of foreign nationals. He also pointed on corruption activities alleged to PRASA on ghost workers. He then raised that the bill should ensure that it mitigates any form of corruption and enhance safety and security measures in railway transport networks.

Godfrey Duma

Sector Development Planning

Yes

The speaker raised that youth employment to assist in provisioning of safety in trains be explored. Moreover, Social workers and trained paramedics should be hired by railway operators in enhancing health safety measures in trains, and lastly, more trainings for officers should be provided for on safety and provision of security.

Steven Thamaga

Ward 81 Committee on Public safety

Yes

The bill should enhance provision of safety measures on passenger trains and easy accessibility to an affordable and trusted mode of transport. Furthermore, advanced communication systems should be installed to enhance trust and safety of passengers.

Tracy Anandham

Ward 32 Committee on Transport

Yes

The bill should enhance working collaborations with the public and ward Committee Members to ensure development of trust and a sense of ownership in railway facilities. Safety on human element and enhancement of safety measures should be provided for in the bill. Once the bill has been passed, it should enhance enforcement in the offering of awareness and training campaigns with inclusion of schools.

Charles Nompozolo

Ward 77 Committee Member on Safety and Security

Yes

The speaker pointed allegations towards the Government in the provision of proper platforms of discussions and proposals for all safety issues. This also led into emerging of uncontrollable informal settlements in or alongside railway lines. Therefore, the bill once passed, should ensure enforcement. Lastly, he raised service delivery matter on incentives of ward committee’ members.

Nontsikelelo Dladla.

ANC Ward 13 Region D

Yes

The speaker stated that communities have developed a high sense of trust to current patrollers who are offering security services. Therefore, as the bill seeks to revamp and restore operation of railway networks, patrollers should be considered in the provision of security services in both trains and rail lines in the form of employment. Furthermore, the bill should provide for alternatives in security tender systems.

Sabatin Shongwe

COJ Ward 103 Committee

Yes

The bill on the non-executive board members of the regulator should be revisited.

Pretty Moyo

Ward 121 Region 9 Committee Member on Transport

Yes

The bill should provide for creation of job opportunities for youth; consideration of participation of the JMPD in supervising scholar transport; provision of relevant equipment for patrollers; participation of ward committee members in the provision of security services; lastly raised a concern on the age policy and retirement age.

Mandla Makhanya

Ward 19 Committee Member on Public Safety

Yes

The speaker highlighted the importance of the provision of safety measures not only inside the trains, but also on railway facilities. Also, that the bill should provide for prioritisation of local patrollers in the provision of security services and appointment of private security companies, with participation of ward committee members in the awards. Lastly, raised a service delivery matter on the incentives for patrollers and ward committee’s members.

Rachel Matola

Ward 76 Committee Member on Transport

Yes

The bill should enhance security measures both inside trains and alongside railway networks. He stated that there are high drugs transactions and criminal activities taking place inside trains, hence, high security measures should also be provided inside trains. In offering security services, priority should also be given to patrollers and participation of ward committee members, as communities have developed trust in them. Lastly, advised that there should measures provided in administrating and control measures for scrap metal businesses as they pose market for metal, therefore, enhance vandalism, theft of both metal and cable.

Jabulile Nkosi

Ward 121 Committee Member on Development and Safety

Yes

The speaker raised a concern on recognition of Police Officials against patrollers, who have been recognised by communities for their effective provision of safety and security work within communities. Lastly, raised a concern on post rehabilitation programmes for drugs abusers who relapse and resort to metal stealing to access funds for drugs.

Elaine Cook

Community member

Complained about lack of equipment for ward committee members

Norman Chauke

Community member

Increase safety personnel and patrol vehicle to protect rail infrastructure. The government should close all scrapyards monitor them 24/7. There must be a special unit that deal with scrapyard to prevent cable theft. Have cameras to monitor stations. Help the ward committee members to increase stipends.

Nhlanhla Mayisela

Community member

Look at the issues of fares because people use unsafe ways of getting to stations due to unemployment and they gain access by damaging rail infrastructure. Before 1994 there were Railway Police hat were effective and efficient. Build stalls at the stations, appoint South Africans to clean trains and stations.

The appointment of Board members must be geographically spread.

Establish commuter structures to assist in ensuring that there’s safety and security.

Attend to informal settlements that are next to rail infrastructure; remove people who illegally occupy Rail Houses. Requests oversight at the New Canada Station and on the line to Vereeniging.

Employ security and install technology to deal with cable theft.

Abel Manana

Community member

Main concern is overcrowding of trains. The Bill must focus on adding more trains and shortening the train intervals to at least 5 minutes.

Jerry Khanyile

Community member

Police officers or securities must be visible on platforms There must be permits for vendors at stations. Clean the stations regularly.

Sunday, 4 December 2022: Gauteng Province, Germiston. Venue: Boksburg 

Name

Organisation

Support Yes/No

Reasons

Marks Matlala

Ward 56 Committee Member

Yes

The speaker raised a concern on the provision of documents for persons with disabilities. However, stated that the bill should provide for an action plan in ensuring provisions for stability and continuity in providing safe modes of transport for the public and development of a sense of ownership in railway facilities. Moreover, enforcement of penalty measures to all found guilty in breaking the law without being biased. Lastly, all programmes should be monitored and consistent and will ensure proper protection of both communities and facilities.

Masela Nhlapho

CEO for African Rail Industry Association (ARIA)

Yes

Section 8 on balance of power for infrastructure in monitoring.

Section 50, can create bureaucracy when controlled by parliament, therefore it should be under one regulator which can be independent.

Coordination of rail and road transport sector and provision of new entrances in the sector.

Protection of facilities is enhanced by the public, therefore provision for public participation be enforced, implementation of training for skills development.

Mduduzi Zwane

Ward 47 Committee Member

The speaker just raised a concern on not being allowed to pose questions and also late provisioning of documents.

Gabriel Medupi

Ward 3 Committee Member on Infrastructure

Yes

Speaker stated that the bill will ensure that operation of railway network will be restored and that will enhance economic activities to most people who are depending on proper operation of the network. Therefore, facilities should be improved on safety measures, and cater especially to people with disabilities. Most of all rail operations is affordable and it creates economic activities for informal traders.

Thulani Mzameko

Ward Committee Member

Yes

The bill should ensure changes in mitigating overcrowding by increasing number of trains operating. Rail facilities should cater for people with disabilities. On regulation and inspectors, it should ensure their visibility and further provide for safety and security measures that will enhance public trust. Lastly, enhancement of job creation and intake prioritized to locals.

Pinky Lebese

Ward Committee Member

Yes

The bill should provide for restoration and proper operations of trains, provision of safety measures inside and alongside rails lines, cater for people with disabilities and monitoring of facilities. Provisions for patrollers be considered.

Sipho Daniel Mtembu

Ward 6 Committee Member on Economic Development & Taxi Operator

Yes

The bill should provide for implementation of safety measures by building walls alongside rail lines, maintenance of the facilities and cleaning alongside rail lines. Implementation of such activities will enhance jobs creation and economic activities.

Onanius Masimula

Ward 87 Committee Member on Safety

The bill should provide for restoration of train operation. It should also enhance safety and protection of facilities. Should the trains be in optimal operation, it will enhance job creation through hiring of security guards and that will mitigate theft and vandalism. The speaker further questioned the establishment of railway line between Pretoria and KaNdebele along Moloto Road which has been promised long time ago.

Freda Seyama

Ward Committee Member

Yes

The bill shall provide restoration of the operation of train, however, security and creation of jobs opportunities should be enhanced and enforced. Age policy for employment of between 18 – 35 should be revisited.

Alidzulwi Mavhungu

Ward Committee Member

Yes

The Bill should ensure that restoration on the operation of trains must be equal and be the same. Furthermore, tender system in the provision of security work be abolished and security officials be hired direct by PRASA or Transnet.

Bafana Nhlapho

Ward Committee Member

Yes

The Bill should provide for safe, quick consistent and reliable train network. That will be ensured by the provision of safety and security measures. Therefore, implementation and enforcement of quality management and monitoring of tender system should be enforced. The bill should provide for balancing tender system and provision for local communities in offering of jobs to ensure benefits and building of a sense of ownership. Certain percentage should be set aside for full employment of locals rather than given only to tendered service providers. The bill should also address security systems that protect both the people and facilities, reliability of operations and address social cohesion through enforcement of social investments programmes.

Themba Thozo

Ward 59 Committee Member

Yes

The speaker applauded the presence of the Portfolio Committee for coming to conduct hearings in the area, thus ensuring that the bill talks to affected people. Therefore, the bill should provide for safety and security measures at all times, in trains and station. The bill is fine, however, it should be enforced and implemented.

Bashin Malinga

Ward 85 Committee Member on Community Safety

Yes

The speaker supports the bill on conditions that it will address social needs on the creation of a railway line by either PRASA or Sanral that will go through Geluksdal to Tsakane as it was promised.

Implementation of system should prioritise local people for employers. What is going to be done with people who have invaded railway facilities and staying there.

Hosea Nchabeleng

Ward 5 Committee Member on Local Economic Development

Concern on service delivery on the provision of electricity and improvement of R350.00 grant.

Samuel Molefe

Ward Committee member on Infrastructure

Yes

The speaker raised a request on establishment of passenger train in his area to assist poor commuters as only taxis are used as the only mode of transport

January Masimola

Ward 103 Committee on LED

Yes

The bill should enhance security and safety measures in railway lines and station. Moreover, promised establishment of rail lines be implemented. Lastly, harsh sentences be imposed to those found breaking the law through theft.

Mokone Mohlake

Ward 36 Committee Member

Yes

The bill is silent on access control on overcrowding as it poses unsafe and is a danger to employees. Therefore, reintroduction of railway police should be considered. Moreover, the consultative processes, its finalisation and reopening of railway network be expedited, as it also enhances socio-economic activities and social impact.

Written submissions

Nadeemah Javiad

Community member

Nigel station was the pride of Ekurhuleni. If the issue of service delivery is not addressed, then this Bill will fail to be properly implemented. Address cable theft and unfinished infrastructure projects. Address overcrowding of trains, have regular oversight, have working street lights at railway stations. There should not be the 18-35 age limitations for employment. Training should be implemented in all communities.

Duduzile Mosehle

Community member

There is no safety at train stations, overcrowding is an issue and there are informal settlements near railway lines. Hire trained security guards to protect commuters and the rail infrastructure.

Sinah Nkomo

Community member

The trains and stations should have toilets.

Goodman Majeke

Community member

Requests details about the promise of a new railway line that was due to be built via Clovenden, Mayfiled to the Barcelona Area

Sizwe Mdluli

Community member

Request public transport in Kwatsaduka (Ekurhuleni).

Sipho Daniel Mtembu

Community member

Employ more security to the stations, build walls around the railway lines and ensure that there is security patrolling the railway lines.  The operators should employ communities near railway lines to clean and further assist small businesses in the area as part of job creation. Small business must be registered and be in good standing.

Khaume Simon Ramara

Ward committee member

Recommend the use of drones to inspect railway lines and facial recognition to identify wanted criminal and or missing persons in coaches and at stations. Further proposed the the introduction of a Rail policy as per the Act and improved accessibility and dedicated coaches for people with disabilities. Overcrowded coaches must be stopped, lighting of the railway lines is important so that the drivers and pedestrians are able to recognize oncoming trains. During loadshedding alternative transport should be provided for passengers’ safety. Trees and grass cutting next to railway lines must be maintained as this can deter criminal from using these places to abuse women, children and men.  Twice a year, security agencies should provide a comprehensive report for the authorities to be able to review security and give statistics.

Friday, 27 January 2023:  Local Municipality.  Venue: Musina Community Hall

Name

Organisation

Support Yes/No

Reasons

Samuel Khunwana

Ward 7: ANC Youth League

Yes

The speaker explained the advantages of train traveling from Johannesburg to Musina which is cheaper and affordable, moreover, restoration of railway line will enhance job opportunities from various sectors. Taxis will also benefit as they will commute the public from and to train stations. Road accidents will be minimised as there will be less cars on the road. However, the bill should ensure that smart and fast trains are provided, provision of safety and security measures in trains as well as in train stations. Shuttles should also be provided to ferry commuters to and from villages and these roads should be tarred. Fares should be inclusive for both shuttles and local trains’ ticket.

Dominic Nkwana

ANC

Yes

The bill is well documented and received. The bill should enhance implementation of safety measures, recognise special economic zones, and further look at other instruments that will ensure that the bill should be implemented through participation of municipalities by promulgating bylaws to ensure that it is implemented and protection of infrastructure.

This will ensure that economic activities as well as employment are enhanced – safety on goods transportation. For Musina, as a border town, the Bill should also look into how implementation will be improved. Engage with local levels to advise on interlinkage with bill and status quo on the ground. Decentralisation of security services at stations must be looked into.

Nhutshilo Ndou

Ward 7: ANC

Yes

The speaker concurs will previous speakers and accepts the Bill. Safety of commuters in trains is paramount. Rail lines must also be protected and secured to prevent children from crossing the lines while a train is oncoming.

Norman Ndou

ANC

Yes

The bill should ensure that safety measures for passengers are enhanced through intensifying security as well as protection of railway infrastructure. Ensure that synergies are enhanced.

Peter Dliwayo

SANCO

Yes

Railway ensures that every person can access the means of transportation as it is affordable, compared to road transportation.

Olga Netshisaulu

ANC Women’s League

Yes

The bill will enhance creation of economic activities as well as employment, let alone safety for goods that can be transported, as well as for passengers.

Rudzani Mukhuba

Councillor for Vhembe District Municipality

There should be clarity on any plan for extending railway lines throughout the district (there are only train stations in Musina and Makhado) and for plans to mitigate load shedding to ensure that trains run smoothly.

Gladys Mudau

Ward 6 Musina

Yes

Load shedding will affect rail services and safety for commuters.

Tsakani Freda Nkondo

ANC

Yes

The bill should ensure that safety measures are implemented through appointment of inspectors and the creation of railway, and restoration of railway will assist the transportation of goods as Musina has been declared as an economic zone.

Alpheus Mamafa

EFF

Yes

Will support the bill if the government will not privatise the rail operations as they did with SAA and if safety measures are enhanced with the protection of communities. Trains must have security for goods as well to prevent syndicates transporting illegal cigarettes. Cable theft and railway sleeper theft must be prevented by improving security. Furthermore, local rail connection should be developed as Musina is developing into a city.

Charles Mokwena

COSATU: Musina Local

Yes

The bill should enhance safety measures, implementation of smart trains, development and enhancement of learnership programmes for development, participation of youth and revisit implementation of tenders system.

Wilson Thanyane

Independent

Yes

The bill should enhance safety measures, development of smart trains to comply with measures of the protection of the environment. Further enhance creation of employment opportunities and also economic activities.

Phenual Ramboda

Independent

Yes

Employment learnership policies capping at 35 years old, should be reconsidered as it is discriminating and further disadvantage experienced people.

Nigro Noni

Chairperson of Youth

Yes

The bill should prioritize local people for employment and learnership programmes. Foreign workers must not be using the trains without passports and must not work on the rails. Appreciate the possible jobs that may be created by the implementation of the Bill.

Saturday, 28 January 2023: Makhado Local Municipality.Venue: Makhado Main Hall

Name

Organisation

Support Yes/No

Reasons

Jeffry Masutha

ANC and Alliances

Yes

The speaker appreciated the bill, however, do not support the privatisation of rail services. Security must be implemented in this area by government instead of using private security. The services must be friendly to people with disabilities and where there are no train services in this area, they must be provided.

Itani Mabada

SACP

Yes

Railway should only be the function of the government in providing all measures for rail network operation, should not be privatised nor be controlled by international countries.

The bill will enhance transportation of goods through rail rather than road as roads conditions are so bad.

Richard Namakhavhani

Pastor’s Forum

Yes

There is a need to ensure the renovation of railway infrastructure and tightened security. The Bill should ensure restoration of railway lines, provide for jobs, however, it should ensure that job opportunities and age policy be revisited regarding the age cap of age 35.

Ezekial Mugwili

Stork Farmers Ramadanga Ward 26

Yes

The bill will enhance improvement of infrastructure, provide job opportunities as well as security measures. Furthermore, safety measures should also cater for protection of stock in the crossing areas.

DP Makhado

Ward 11

Yes

The bill should enhance the restoration of railway network for safe travelling of commuters. Believe that the government destroyed the infrastructure and that previous government maintained it in better condition. Current government must improve the infrastructure to its previous state.

Phyllis Matamela

ANCYL: Ward 16

Yes

Railway lines should be controlled by the state and railway police should be appointed. The bill should enhance participation of small businesses and implementation of safety and security measures for both passengers and transportation of goods. Extend rail lines to the smaller communities. Everyone must be able to use the rail lines.

Solomon Lithole

Pastor’s Community Concern

Yes

A meeting was held with Transnet on 19 January 2023 and a request was made to return trains to the area and appreciate that the trains are now stopping at Makhado station. Out of the meeting there are proposals for the consideration of developing new network lines that will ensure creation of about 400 job opportunities and also develop economic activities along the line and malls. Please ask Minister to come to our area.

Thulani Ranaiwa

Youth League

Yes

Accept the bill, however, not the privatisation of the railway.

Rachel Machaba

Ward 34 Representing Women

The bill should ensure the provision of a railway line network as it is cheaper and affordable, moreover, current infrastructure should be revamped so that operations can resume.

Makonde Mbedzi

Community Media-Vhembe District

Yes

The bill should ensure and give priority to local people in all operations and service providers, from maintenance, learnership, train drivers and provision of safety and security measures. Restoration of trains will also enhance transportation of goods and fresh produce from local areas.

Tumelo Siliga

ANCYL

Yes

Current government has never built any railway networks, previous government built railway line according to their needs which one of it was to maintain apartheid. Therefore, the current government should build railway network in accordance to the needs of current communities. There should also be railway force that will deal with security enforcement to all railway threats and issues.

Mpho Sadike

Ward 11 Mashamba

Yes

The bill should provide for a plan that cater for job creation, and railway line network for all local municipalities and villages. Such an undertaking will enhance economic activities as well as local economy.

Madongo Godfrey

Tribal Office Sithimule

Yes

The government should revisit experience requirement in recruitment for employment, provision of goods trains should be highly supported, creation of local storages for goods and produce to be transported, creation of railway network in local villages.

Ramano Ndivhuwo

Youth Businesses

Yes

Young people are currently experiencing challenges when seeking means of transporting their goods for trading, therefore a submission was to bring back goods trains and be operational, and also build new railway lines networks that will connect the new areas which were recently established as cities are growing.

Tambani Tshiwela Elizabeth

Musanda Tshiozwi

Yes

There is a need for security measures in train stations and railways lines because criminals cut the railway lines and sell them at the scrap yards.

Eliya Lishivha

Ward Committee

Yes

The speaker requested that travelling days for the trains operating from Johannesburg be increased from once a week to three times per week. Safety measures should be enhanced once revamped.

Lufuno Mudau

Ward Committee Secretary/Women Sector

Yes

Appreciate restoration of trains as they will reduce risks of road accidents, local trains be created with high provision of security measures.

Isaiah Mashanzhe

Ward Tshakuma Village 29 Matala

Yes

Appreciate the bill, and submitted that communities should also take the responsibility of protecting railway network as it will benefit by having various means of transport.

Selapyana Abraham

Vhembe District Municipality

Yes

The bill should not lead to privatisation of rail operations. In the provision of security measures, inter-department operations should be implemented between the Police and Transport Departments.

Smon Luvha

Ward 23 Tshikwane Village

Yes

Appreciate restoration of railway operation as it benefits the poor because it is affordable and reliable, therefore, security measures should be enhanced. Ensure that corruption measures be guarded against  on all services.

Takalani Mashau

Ward Committee

Concerns on the session: There should have been a session for those that are against and those that are for the bill.

Ward 17 Makhado (SANCO)

Board of Regulator: Tender system killed proper function of railway operations as it promotes corruption, employment of people without qualifications and nepotism. Therefore the board should ensure that the tender systems be abolished.

Renden Mathona

ELTIVILLAS

Wanted to know the closing date for submissions for proper inputs.

Nchadeni Samuel Ramantswakgisa

Chief

Yes

The speaker requested that the operation of rail transport between Johannesburg and Musina should be improved. Also raised a concern regarding the powers of the Minister in appointing the Chief Executive Officer which could lead to cadre deployment.

Tsakani Nkuna

ANC Elim

Yes

The bill should ensure implementation of security and protective measures against railway infrastructure. It will also enhance economic activities for small businesses.

Nomsa Tsunduka

Ward Committee

Yes

The bill should cater for people with disabilities for employment as they also have expertise required for operations, furthermore train stations should be people with disabilities friendly.

Thomas Munzwelele

Ward 12

Yes

Appreciate restoration of train operations, however, the bill should ensure that high security and protective measures are provided and implemented because of the previous criminal activities that were taking place in trains.

Daniel Maleka

Ward 11

Yes

Concur with the restoration of railway line operations, however load shedding is a threat to train operations.

Sunday, 29 January 2023: Polokwane Local Municipality. Venue: Jack Botes Community Hall

Name

Organisation

Support Yes/No

Reasons

Mpho Selepe

Ward 15 Committee Member

Yes

Appreciate the bill however require answers on whether plans are in place that caters for train vendors, and for eviction of people who have erected house on railway lines.

Joseph Baloyi

Ward 16 Polokwane

Yes

Supports the Bill with additions. The Polokwane rail station should be refurbished as it was vandalised. This will enhance economic activities, and also give advantage to the poor people as transport would be affordable. This will help in the drive to have our city turn into a metro. Safety and security measures should be enhanced. Rail lines to religious places, farming areas are suggested. Roads are congested to move goods in the SADC region so an extension of the rail lines to SADC countries will reduce damage to our roads.

Matshidi Thabo

Limpopo Disability Centre manager Forum

Will agree to the Bill if the following changes are implemented: Board appointments done by the Minister means he is both a referee and player. This must be changed to a panel that does the appointment.

Trains have been manufactured, however, Limpopo does not have advantage of having trains operating.

Walter Nkune

Ward Committee

Appreciated the opportunity of making submissions, however, a concern was raised on late availability of the bill and therefore will make use of time and submit his inputs.

Elliot Malesela

Ward Committee

Yes

Supported the bill as it will enhance various modes of transport, it will be advantageous to communities as it will be cheaper travel locally as well as to neighbouring provinces. Do not agree with the Minister appointing the Board as we do not know what criteria he uses and may appoint his own people.

Patricia Modisaesi-Mokgobu

Community Member

The bill should be specific on the number of board members. The speaker raised a concern that the Minister might load the board with his/her own people. Appointment of CEO should be transparent and be conducted openly like when appointing the Chief Justice. Minister can make mistakes if all powers are given to him/her for such an activity. Lastly, requested that operation of railway services should be rolled out even to other communities.

Scelo Skhosana

Ward 08

No

The speaker does not support the bill because Parliament comes to community with made up minds. People with disabilities are not adequately covered in the bill. There is no provision for accommodating them in the board, and might not be able to access rail stations. Therefore, suggest that a proper consultation process be conducted before finalizing the bill.

Felix Mathipa

Ward 32

The speaker wanted to find out what government would do with abandoned stations and whether it is willing to rebuild these networks so that trains become useful to the benefit of communities.

Mokete Mowatiale

Ward Committee

Yes

The speaker submitted that the government should renovate abandoned railway stations and prioritize development of safety measures. She further explained that Burgersfort is fast developing as an industrial town and roads are heavily congested because of trucks transporting metals to Polokwane smelters which poses high risk of accidents. Therefore, if railway lines and trains can be operational, that can help reduce road congestion and accidents.

Mpho Nkoama

Ward Committee; Traditional Kgoro

Yes

The bill should assist in the establishment of ramps that cater for people with disabilities, however, concern was raised  on powers given to the Minister on the appointment and dissolution of the board.

Mamolatelo

Community Member

Yes

Appreciated the bill, however, raised a concern on the bill being silent on procedures and processes that lead to the determination of appointing and dissolving the board. Advance the need of revamping and provision of railway line network to ease and minimise road accidents, transportation of goods and further enhance economic activities provided by proper functioning of railway.

Rachel Phasha

Yes

Provision of railway lines is long overdue as provision of railway network will enhance easy movement of communities to and from work places as it is cheaper and affordable. The area has a rail network, and therefore the only thing that is needed is the provision of trains.

William Moshoeshoe

Ward Committee

Yes

The railway network infrastructure is in place and therefore all that is requested is the provision of passenger and goods trains for local and interprovincial movement. It will be advantageous in bringing various modes of transport and ease movement against ever increasing petrol prices. Raised a concern on the appointment of CEOs and the board, suggested that the process should be transparent to guard against nepotism.

Tebogo Phala

Ward 19 Community Member

Yes

The bill should not only concentrate on safety and security, but further focus on the establishment of infrastructure as well as rail networks.

Juduis Mabetoa

Limpopo Street Hawkers Association

Yes

Appreciated opportunity for street hawkers to provide inputs. Restoration of railway lines will enhance economic activities for hawkers. They also requested provision of trading facilities, allocation of permits as well as training programmes and prioritise those that have been there for a long time.

Itumeleng Monabaneba

Ward 15

Yes

Support the Bill but are concerned about safety in rail operations as security is not tight at stations. Fencing is lacking and people just move about allowing robberies on trains and at the stations. People are also hanging off of trains. Security must be improved. Appreciate trains as a cheaper and convenient travel option.

Dan Moletji

Ward 15

Yes

Once the bill has been finalised, its objectives should be implemented and not be just talk show. Further requested to ensure that trains are provided to enhance easy movement of communities, provision of strict security measures for both passengers and the infrastructure. Innovative ways should be developed to deal with scrap metal trading that poses a threat to vandalising rail infrastructure.

Abraham Mabitsela

Ward 24 Committee Member

Yes

Pg 11: Powers to the Minister, powers should be vested with the board.

Pg 13: Powers of the Chairperson, calling of board sittings, clarity should be given for the sitting of meetings.

Concerns on benefits of Spoornet beneficiaries and participation in the forums of Transnet.

Cally Moitsi

Ward Committee

Yes

In the appointment of board and CEOs, the bill should also clarify the shortlisting team. In the issuing of permits, clarity should also be given on the number of days of processing application.

The bill should also clarify preferences of obtaining permits, therefore, priority should be given to local people rather than foreign nationals.

Friday, 3 February 2023: Umhlathuze Local Municipality. Venue: iNgwelezane Community Hall, Richards Bay

Name

Organisation

Support Yes/No

Reasons

Zandile Mkhize

Ward 9 kwaMthethwa

Yes

The speaker raised concerns on the safety of the community’s livestock and lack of compensation should they be killed by goods trains, if paid, it takes some time for insufficient compensation which do not equate the value of livestock. Further concerned on not being prioritised for employment, nor any rehabilitation of roads as it is dilapidated. Therefore submit that learnership should be offered to local unemployed youth and some other job’s opportunities.

Happy Khuzwayo

Ward 31 EFF

Yes

Welcomes the broad objectives of the Bill, but abolishment of railway police is a problem and resulted in decline in safety of passengers as well as PRASA ability to safeguard the rail infrastructure. Return the railway police along with the private security. Insourcing the security services to be more effective.

Zamani Linda

Ward 9

Yes

The speaker raised concerns on the behaviour of Transnet whereby there it does not take responsibility on compensation for destroyed houses, livestock caused by goods trains, lack of social investment and call for prioritisation of local people for employment opportunities.

Smangele Mlotshwa

Independent

Yes

They raised concern on Transnet not taking responsibility on destruction caused by its trains. It normally makes promises that it does not fulfil. She narrated her story of losing her husband, who was killed by a train, as they are residing alongside railway line. They were promised to be compensated, however, nothing was done by Transnet in terms of funeral funds as well as any compensation as promised. She therefore hopes that the bill will ensure that Transnet will be forced to take responsibility and be accountable.

Pinky Meyiwa

KwaMbonambi

The speaker is staying alongside the railway line and benefited from house built by the government, however, movement of goods trains led to cracking of houses. Secondly, the bridge that was built is far from the residential area; children cross railway lines to school as the bridge to cross is too far from residential area. Community cross railway line to go to shopping area.

Doctor Zungu

Ward 25

Yes

The speaker indicated that they are residing alongside the railway line and they are victims of accidents that lead to death of people and livestock and Transnet did not compensate them. He therefore submitted that Transnet should be forced to compensate victim’s families.

Thobile Mthethwa

Ward 9 Othandweni

Yes

Transnet should ensure that the railway line is fenced for protection of communities and livestock, moreover local youth should be prioritised for employment without involvement of Chiefs and Traditional Leaders.

Mncedisi Ntshangase

Ward 2

Yes

The bill should ensure that safety is implemented and priority should be given to local people. Concern on the lack of maintenance and promises that were made had not been fulfilled.

Phakamani Sokhulu

Slovo Community

Yes

Raised concerns on railway maintenance, safety alongside railway lines with emphasis on the provision of safety measures and bridges to cross over.  The train sometimes block our entry and exits and is sometimes parked for 3 to 4 hours.

Thulisile Ntombela

People with Disability Community

Yes

One of the people who was a victim of the 1996 bus and train accident. She narrated her story on how the accident happened, that led to her disability. Transnet never assisted them with any medical treatment, nor any compensation for her disability.

Golden Ntombela

Community Member

Yes

The speaker narrated his story on how he lost his wife, who was a victim of the 1996 train accident. He therefore, submitted that the bill should enforce provision of safety signs and further enhance maintenance of railway facilities. Moreover,  in any event of an accident, proper guidelines should be in place with clear processes of implementation.

Sabelo Khubisa

Ward 20

Yes

The speaker welcomed the bill, however, raised concerns in the manner South Africa has been infected by a pandemic of corruption and nepotism. He therefore submitted that the clause that deals with powers given to the Minister on the appointment of board members should be revised as that will exacerbate corruption. All political parties be involved in making final selection. ANC should not use its majority. Capacity and knowledge should be key factors to consider in the selection process.

Makhosi Mthethwa

Independent

Yes

The speaker lost his child on 3 September 2001 in a train incident. Transnet came with 3 cars and 6 men to ask what they can do to assist, they never came back to provide assistance or compensation.

D. Mhlanga

Ward 20

Yes

The speaker was involved in a train accident, got injured and ended up having a disability, however, never received any medical assistance nor compensation from Transnet.

WB Sibiya

Community Member

Yes

The speaker indicated that he is a member of the community that resides alongside a railway line and experienced a lot of incidents along the railway line, such as houses being damaged by the pressure of trains and livestock being killed in accidents without any compensation. He therefore, requested that concrete fences be erected alongside rail lines and that local people be considered for employment.

Mthokozisi Kunene

Ward 7

Yes

The speaker resides near Transnet offices and took many complaints to their offices, there is no bridge where they stay and this is dangerous for blind crossings. Maximum compensation is R6 000 to victims and speed of train through community is very high. The job opportunity criteria used must be amended and training is needed with certificates to get skills. Transnet does not take responsibility following accidents. There needs to be accountability. They say people try to commit suicide instead of trying to determine the truth.

Mphiliseni Ntombela

Community Member

Yes

The bill should enforce communication between Transnet and communities, creation of job opportunities and employment on permanent basis, creation of concrete fences alongside railway lines, participation of local communities in the composition of board members, and ensure that inspectors are available to assist communities in crossing lines, lastly, as a social investment, youth should be offered learnership programmes.

Moleboheng Mokoena

EFF

Yes

Safety must start from the board. The Minister must have limited involvement in board appointment but use political parties – ANC not use majority vote to appoint board. Consider rail expertise and experience in appointments.

Sibusiso Mthiyane

Ward 5 Enseleni

Yes

Standardisation training to all doing rail work is welcomed. Power to certify training welcomed, but provision regarding inspections between office hours is ludicrous as safety concerns do not keep office hours – allow 24hrs operations. Who will benefit from coal coming here from other province. The R6 000 compensation is not sufficient. EFF will shut down the country.

Mondli Tshabalala

EFF

Yes

The issuing of permits must be expedited. Inspectors must not be permanent as to avoid corruption. Board members must implement progressive resolutions that are needed by the public.

Zinhle Manqele

IFP

Yes

Concern on dilapidated abandoned houses built by Transnet which may lead to criminal activities. The bill should enforce provision of social investments by Transnet especially to education institutions for early child development.

Mercy Mpungose

Community Member

Raised a concern about load shedding, condition of roads and provision of police.

Edna Ntshangase

Ward 4

Yes

Based on the 1996 train accident, therefore the bill should ensure that all mistakes done by Transnet should be rectified and be enforced. Further request provision of agricultural programmes so that some of those female victims can be economic and agricultural active, not only to women but also to youth. That will enhance participation in the economy of the country.

Mthoko Nxumalo

Ward 5 Umfolozi

Yes

Chapter 2 (b) community development - Section 6 on the certificate and Enhancement of monitoring

How will the bill address rehabilitation of communities on distress caused by Railway operations, participation of traditional leaders, ongoing engagements with communities.

Nokwanda Nxumalo

Ward 31

Concern on the provision of safety measures and a multiparty committee responsible for social ills of the communities. Transnet must work with community and not municipal council in new projects and employment.

Menzi Luthuli

Yes

Force rail company to employ safety officers that come from the areas affected or within the rail line operations. These community members will know what the problems are in the communities. Conditions should be placed on bidding for security companies.

Mduduzi Ntshangase

Ward 9 Othandweni

Yes

The bill should ensure that communication lines between Transnet and communities are implemented to ensure that challenges and proposals are monitored.

Thulani Ntshangase

Ward 9

Yes

Chapter 3 section 30 on permits: clarity on the criteria of obtaining a permit. Request that an assessment and oversight at Othandweni be conducted in the area. The bill should enhance training and awareness programmes.

Wanda Mdlalose

Ward 31 Emacekane

Yes

The bill should enforce provision of bridges over railway lines for safety and convenience of communities crossing over rail lines. 

Feedback should also be given back to communities on issues raised with any legislature.

Sihle Mkhwanazi

Community member

Yes

The speaker requested that once communities are visited, they should also be given  feedback on progress made on the particular issue.

Fedrick Mndaweni

Community member

Yes

The bill should ensure provision of safety protection measures for communities residing alongside railway lines.

Siphakeme Mthembu

Community member

Yes

The bill should ensure that provision of safety and protection measures are not only meant for railway infrastructure, but also for communities.

Ray Govender

Ward 26 Councillor

Yes

The bill should ensure that maintenance of railway infrastructure is enhanced.

Marco Cebekhulu

Ward 7

Yes

The bill should ensure compensation for victims of rail incidents.

Mjabuliseni Qwabe

Community Member

The speaker raised a concern about the safety of communities that reside along railway lines, and therefore submitted that provisional solutions be provided whilst planning for building permanent overhead bridges. Moreover, maintenance be enhanced alongside railway facilities to mitigate threats posed by unmaintained facilities.

Written submissions

Mthiyane

Community member

Supports the standardisation of training for rail specific work and the powers given to the RSR to register training institutions and certify types of training. The provision that the safety inspectors only conduct inspections between 08:00 – 17:00 is ludicrous because safety concerns arise mainly in the hours not covered by this provision. We recommend 24hrs operation. Build a bridge at Mkhoma.

Sabelo Khubisa

Community member

The Minister’s involvement in board appointments should be limited to curb nepotism and corruption. Political parties should do the final selection. The ANC should not use its majority in the final selection of board members but capacity and knowledge in the sector should be considered.

P Happy Khuzwayo

Community member

Welcomes the broad objectives of the Bill but the abolishment of the Railway Police has led to serious problems in ensuring safety for passengers and in the ability of PRASA to safeguard rail infrastructure.

Saturday, 4 February 2023: uMsunduzi Local Municipality. Venue: Pietermaritzburg City Hall.

Name

Organisation

Support Yes/No

Reasons

Lionel Pienaar

Independent

Yes

The bill is supported. A huge problem is the continuous theft of railway infrastructure, which in many cases brings the movement of goods and services to a halt. Appropriate deterrent measures are required to deal with this scourge. Section 57 (1) and (2) provides for offences and penalties. There is no reference to the deliberate removal and theft of essential railway infrastructure. Therefore, a clause should be inserted providing that the removal and theft of railway infrastructure constitute the crime of treason and offenders must be charged and sentenced accordingly.

Ntuthuko Mncwabe

Yes

The Bill is supported. Restoration of railway police is crucial for success. The Minister’s involvement in board appointments must be limited, political parties should be involved in the selection process and ANC should not use its majority for selection. Use capacity and knowledge in railway sector in the selection criteria.

Mzwandile Goge

Moral Regeneration Movement Umgungundlovu District Chairperson

Clause 11: There should be monitoring mechanisms in place in the appointment of board members;

The bill should prioritize localization and domestication of economy, involvement of community as it is vital, and further encourage introduction of skills that will enable youth to play a role in the railway sector.

Mlungisi Zondi

Community Member

Yes

Implementation of the bill will improve safety given that there are less accidents involving trains; 

Clause 30: issuing of permits should be speedy unlike what is happening in the taxi industry;

Clause 36: inspectors must not be permanent so as to avoid corruption;

Board members must be there to implement progressive resolutions.

Bongani D. Mbona

EFF

Yes

The bill is welcomed, however, it should not allow privatization of the sector because majority of SA are poor and do not own cars. They rely on public transport which is currently expensive.

Mzwakhe Mpulo

EFF

Yes

The railway has collapsed leading to road congestions and high level of fatal road accidents. Abolishment of the railway police led to problems in the provision of safety and security as well as in safeguarding critical infrastructure therefore the bill should provide for restoration of railway police and insource security guards.

Barbara Thomson

Community member

Yes

The bill should talk to restoration of an ailing infrastructure; provision of safety and security measures; guidelines on appeals’ processes and clarity on timelines; enhance community empowerment to ensure that communities are not only consuming but also benefit from railway operations.

Ncedo Ngcobo

EFF

Yes

Operation hours for safety inspectors should be relooked as criminal activities takes place at night and during weekends.

Busisiwe Mshengu

CHM

Yes

The speaker wanted to know what is done to remove people who live near railway lines; whether there are engagements with taxi drivers who will commute passengers and lastly, on engagement with municipalities for any community challenges with railway infrastructure and operations.

Blues Gwala

Thembela people Organisation

Yes

Welcome the bill and has been long overdue to address challenges for commuters. People living near the railway lines must be removed from there and they must be skilled and trained by the railway operators.

Andile Shange

EFF

Yes

Support the Bill. Provide powers to inspectors to seize material that can cause danger to railway, but the Bill must not be used against the informal traders who make a living along railways.

Zibuyile Zondi

ANC

Yes

Based on Clause 35, will there be new centres for training, or will the department make use of existing centres for education and will the department provide funding to students.

Nonsikelelo Shenge

ANC

Yes

Support the Bill. As users of rail there needs to be tight security. Trains are cheaper, but crime levels are high. Children crossing railway lines is a concern as well as murders along the lines also a concern. Safety at the stations must also be improved.

Gugulethu Ngwane

Mpofana Local Municipality

Yes

The bill should enhance security measures. Revival of trains will enhance economic activities. Monopolising of the industry is a concern and refusal of transportation in some areas is a concern.

Nomthandazo Ngqulunga

Community member

Yes

Appreciate the bill and pleaded for bringing back trains for economic activities

Sabelo Ntuli

Transnet

Yes

Inclusion of human settlements built alongside railway lines poses danger and threats for theft and affect customers. Therefore, railway should be made as national asset as it is the backbone mode of transport for both goods and passengers. It is also important that there should be a balance on the number of trucks on the roads versus number of trains for transportation of goods. People should be concretized to recognise the importance of railway.

Sikhumbuzo Dlamini

Yes

Welcome the bill on restoration of railway lines, participation of communities should be enhanced or create a sense of ownership, therefore names of legends should be used, thus creating a sense of ownership.

Thandanani Xaba

Ward 24

Yes

The Bill should clarify RSR’s role in doing follow-ups with companies that have permits to ensure their compliance and in terms of how many companies are issued permits.

Thinasonke Ntombela

Mpumuza Traditional Council

Not sure

Does the bill speak to traditional leaders or engage their views as some of railway facilities fall within their jurisdiction. Have the taxi industry been consulted.

Seithati Tsatsi

ANC

Yes

The speaker welcomed the bill with the hope that it will enhance youth benefit by creating job opportunities as well as careers in rail sector, thus minimising crime.

Mzwandile Goge

Moral Regeneration Movement

Yes

In the establishment of the board, a bottom up approach should be implemented for day to day operations to monitor safety and part of daily operations to allow people to feel they are part of safety. Involve taxi and bus associations and civil society at large.

Siphiwe Duma

Ward 12

Yes

The bill will assist in creating a variety in modes of transport and further combat conflicts between taxi  and bus industries.

Ndabuko Majola

Ward 22

In terms of Section 38, the Consultative forum is the only way to engage with regulator once bill is passed. When establish how will parliament know of its activities as it will report to regulator, why not to Minister and parliament itself. Why does it set its own rules and is there a guide for them to use in doing so.

Nobaza

Ward 34

Yes

Have problems with foreign nationals stealing cables and damaging rail infrastructure. How will we as locals benefit from train manufacturing.

Sbusiso Shange

Ward 11 Moral

Documents regarding the Bill were received late. Are there any plans for restoration of rail infrastructure and dealing with inside jobs on vandalism. How will the board be different from the previous boards where there were looting and theft.

Mondli Zuma

Ward 6 Committee Member

Has traditional leaders been consulted in the formation of the bill, plans for skills and jobs that prioritise youth, provision of job opportunities should prioritise small businesses.

Siyabonga Dlamini

Ward Committee Member: Empofini

The bill should ensure that railway safety inspectors are enforced.

What will the community benefit out of services that will be required and offered in rolling out restoration of projects?

Written submissions

Lionel Pienaar

IFP

Yes

The bill is supported. A huge problem is the continuous theft of railway infrastructure, which in many cases brings the movement of goods and services to a halt. Appropriate detergent measures are required to deal with this scourge. Section 57 (1) and (2) provides for offences and penalties. There is no reference to the deliberate removal and theft of essential railway infrastructure. Therefore, a clause should be inserted providing that the removal and theft of railway infrastructure constitute the crime of treason and offenders must be charged and sentenced accordingly.

Mbongiseni Mabaso

Community member

The structure should take into account people with disabilities.

Sunday, 5 February 2023: eThekwini Metropolitan. Venue: Umkumbane Community Hall

Name

Organisation

Support Yes/No

Reasons

Pam Taylor

Dr Taylor Foundation

Yes

The speaker welcomed the bill and further raised challenges that the bill should consider, namely, pick pocketing in trains, stealing of electricity cables and encouraged that railway forums should work in consultation with community forums.

Desmond Disa

Yes

Bill documents only received on the morning of the hearing. Railway has been neglected for a long time up until it collapsed, yet it was convenient for poor commuters.

Emphasis should not be on privatisation. The bill is silent on the removal of communities for establishment of railway line.  Exemptions and private business opportunities must not over-ride passengers’ rights to travel or property rights. The Bill does not cover provisions for access. The Consultative forum and board appointments should include grass roots engagements. The safety inspectors are not enough, need other safety and protection mechanisms.

Andries Mchunu

Dept. of transport

The speaker raised a concern on receiving the bill as they arrive in the meeting, therefore requested to be given more time to look at it. However, submitted that implementation of the bill will create job opportunities.

Mvuzo Ntombela

Ubunye BamaHostela

The bill should ensure that it is enforced to mitigate challenges encountered by commuters with infrastructure, be on time and safety measures.

The infrastructure for rail facilities, train vendors should be catered for and be identifiable.

Prioritising local people for employment as security guards will ensure high level of security and protection.

Selwyn Anderson

Ward 31 Committee-Transport Roads and Stomwater

Restoration of railway line should assist poor people as a cheaper mode of transport.

Bheki Mabaso

United Commuters Voice

Yes

The UCV supports the Bill with conditions. The main concern is that government is not assisting passengers.  Railway lines are owned by PRASA and Transnet and both of these entities report to different ministers and this is a challenge. Old trains, poor signalling not being looked after. Rail safety inspections are not visible and there is no clarity to where rail challenges should be reported to. In terms of the Board composition there should be representation of each province on the board to allow for ease of access by people of each province. Safety inspections should be done along with community members and not just tick boxes to submit reports – need reports to reflect what is on the ground. Safety of commuters not covered sufficiently in the Bill.

Khayelihle Sibiya

Waroom

Yes

The carrying capacity of trains must be covered in the Bill to prevent overloading as well as train intervals and consistency of train schedules which often causes overloading. Vendors must be catered for and regulated.

Sthembiso Mgenge

Ubunye BamaHostela

Yes

The bill should address safety and security of commuters, thus provide enough Police Officers in train stations. Furthermore, the bill should address vandalism of infrastructure and scrapyard traders, and lastly, provide for security and protection of commuters.

Sthembiso Mfusi

Ward 107

Yes

The speaker indicated that trains are not serving all areas and that this create overcrowding, lack of safety and that these cause injuries. The bill should make provision for safety and security measures; and clear guidelines for compensation.

Phumla Ntombela

Ward 24

Yes

The bill should ensure enhancement of security measures through use of technology and employment of cooperatives.

Amahle Ngcongo

Yes

In trains there should have security management, creation of rails, communication measures and also prioritising of youth employment and training programmes.

Nokukhanya Mhlekwa

Ward 75

Yes

The bill should enhance security and protective measures for commuters. Learnership programmes for youth should be provided.

Thembelihle Makhanya

Yes

The bill should ensure that railway facilities are maintained to ensure safety and security measures with stations being developed in most communities.

Nathanian Owen Sewer

KZN Fishermen

Yes

Provision of security, issuing of permits, improved signalling, guidelines for claiming any injury.

Dumisani Mvuyana

Yes

The bill should address and give clear guidance for claiming compensation for an injury. Trains should run on time.

Awareness training programmes should be enhanced and preferably start in schools to develop a sense of ownership.

Railway facilities should also cater for people with disabilities.

Xolani Mqadi

Ingqwele Communicating Development

Yes

Railway facilities should cater for and protect train vendors, there must be compensation should they be removed. Tender allocation for service providers should prioritise local people.

Nkosinathi Ndlovu

Baksfarm

Yes

The bill should ensure that safety and protective measures are enhanced .

Mandlakayise Ngcobo

Ward 59

Yes

The bill should ensure that railway facilities and security measures are properly provided and maintained.

Bonginkosi Nzuza

Ward 88 Umlazi

Yes

Railway police should be restored to enforce law and order. Furthermore, train operations should be restored.

Craig Marillier

Subsistence Fisherman

Yes

Railway facilities are installed with safety cameras to mitigate criminal activities.

Mandla Mngadi

Ward 98

Yes

The bill should enhance local participation and benefits through prioritising locals for job opportunities and offering of services to develop a sense of ownership. Previous railway police should be restored.

Sagren Pillay

Ward 35

Yes

In the restoration of trains, smart trains should be considered with the installation of technology. The bill should be reinforced on the provision of safety.

Bongokuhle Magwaza

Ward 27

Yes

Community forums should be recognised. There should be improvement in issuing information and developments.

Paulos Gwala

Ward Committee Member

Yes

Welcomes restoration of railway operations and provision of passenger trains. Security and monitoring measures should be enhanced. Erect fences along rail lines.

Mkhanyiseni Ngwanya

Ward Committee Member

Yes

The bill should ensure that sufficient trains, safety measures and railway facilities are provided.

Written submissions

Lumka Ndawo

Community member

Bring back the trains to the Gillits area.

Pam Taylor

Community member

The Rail sector should create job opportunities, even on contract basis.

Friday, 17 February 2023: Nelson Mandela Metropolitan Municipality.  Venue: Nongoza Jebe Community Hall, Gqeberha

Name

Organisation

Support Yes/No

Reasons

Chief Sokutu

Secretary for PAC

Yes

The speaker applauded the bill as he was in favour of the Nationalisation of industry as he had worked for railway for years. He raised a concern on privatisation of railway to PRASA that led to the increase of cost of living and retrenchment of many employees. Therefore the industry should be nationalised to curb the cost of living.

Lonwabo Bhukashe

Ward Committees and SANCO Motherwell

Yes

Railway should be restored and also be established in the townships. Transnet should be removed to Couga. However, raised a concern on vandalism of PRASA’s facilities, but will like that the bill should indicate timeframes and milestones to monitor progress in all projects. Lastly, local people should be employed for security provisions.

Xhosa Ngalo

Cogta

Yes

The speaker indicated that Transnet and Railway has been compromised that led to lack of security and safety measures which led to abandonment of facilities and vandalism. Therefore, the bill should ensure that security and safety measures are enhanced and in place, abandoned buildings should be handed over to municipalities in order to mitigate advantages taken by criminals for criminal activities.

Mampo Moeketsi

Ward Committee

Yes

Restoration of railway will mitigate and bring other mode of transport which is cheaper and affordable, however, it should not be nationalised.

Khanya Ngqisha

EFF

Yes

The speaker indicated that the bill is supported on the standardisation of training for anyone doing rail specific work, and the powers given to railway Safety Regulator to register training institutions and certify types of training that are key to safety and security of railways. Despite these provisions, the provision that safety inspectors must only conduct inspections between 8h00 and 17h00, from Monday to Friday is ludicrous because safety concerns arise mainly in the hours and days not covered by this provision. Therefore, recommend 24 hours’ operations.

Moreover, restoration of railway lines will enhance different modes of transport and minimise congestions on road transport.

Nkosiyoxolo Mncam

EFF

Yes

The speaker welcomed the broad objectives of the bill, but the abolishment of the Railway Police had led to serious problems in ensuring safety on South African railways as a result there has been a dramatic decline not only in the safety of the passengers, but also in the ability of PRASA to safeguard critical rail infrastructure. He therefore pleaded that railway police should be returned over and above the private security that is normally outsourced by the government. He suggested that for more effective security and accountability, the bill should encourage insourcing of private security.

The bill provides for an overhaul of the safety and health systems in the railway network and provides for legislated power for inspectors to inspect, and seize material that may pose hazards to the safety of people and of the railway itself. Care must be taken, however, to ensure that this provision is not used to target informal traders who have used the railways to make a living for years. Instead of focusing on safety, PRASA recently put a ban on church services in trains, how will the spirit of workers be lifted prior going to work.  

Chief Zolile Solwandle

Madlambe Traditional House

Yes

The bill should enforce building of shelters for traders and increase enforcement, implementation of security and safety measures in trains and stations.

Thembelenkosini Nojoko

Ward 46

Yes

PRASA has challenges relating to safety. Big companies are ripping people off and people cannot be employed as a result. Therefore, the bill should enforce that people around railways lines should be trained and employed. Train drivers should know when livestock has to cross over in order to prevent accidents.

Nkosazana Sobantu

ANCWL

Yes

The speaker raised a concern on abandoned railway lines and that led to vandalism, however, support restoration of railway line as it will enhance job creation. Moreover, safety and security measures be installed to ensure safe travelling of commuters, further submit that locals should be prioritised for jobs.

Mncedisi Thomas

Ward Committee

Yes

Concerns on non-implementation of safety measures on railway lines and lack of signage on railway lines, the bill should enhance the provision and implementation of safety and security measures on daily basis for both rail facilities and commuters. A policy on age for employment should be revised.

Nomatile Gqokoma

Ward Committee

Yes

Appreciated restoration of trains as it assists transportation of goods as it will enhance creation of jobs. However, safety and security measures should be in place and implemented and develop discussion on the competition with taxi and bus industries.

Zukisi Sitoto

Ward Committee (Kariega)

Yes

Supported restoration of the railway lines, however, requested that the bill should ensure that security measures are provided.

Vuyolwethu Ngele

Ward 15

Yes

Concern on the attitude of Transnet when the public try to secure engagements. However, support the bill and restoration of trains, further request that the bill should enforce holding engagements with the regulator.

Nosicelo Gwala

ANC

Yes

Appreciate restoration of railway line and trains with the hope that the project of developing rail lines in New Brighton will be revived and restored.

On revamping railway lines and facilities, youth and local small black businesses should be considered and be prioritised.

In offices, youth should be considered for fresh and innovative ideas.

Thato Lekome

ANCYL

Yes

The bill should ensure that competitive infrastructure in restoration of railway network with more on safety and security measures are provided, affordability and creation of other modes of transport to mitigate road transport congestion and accidents.