ATC231129: Report of the Select Committee on Transport, Public Service and Administration, Public Works and Infrastructure on the National Land Transport Amendment Bill [B7F – 2016] (National Assembly – Sec 76), dated 29 November 2023

NCOP Public Infrastructure & Minister in the Presidency

 

Report of the Select Committee on Transport, Public Service and Administration, Public Works and Infrastructure on the National Land Transport Amendment Bill [B7F – 2016] (National Assembly – Sec 76), dated 29 November 2023.

 

1. Introduction

1.1. The President of the Republic of South Africa, acting in terms of the Section 79(1) of the Constitution of the Republic of South Africa, 1996, expressed reservations about the constitutionality of certain provisions of Clause 7 of the National Land Transport Amendment Bill [B7D—2016](sec 76) and referred the Bill back to the National Assembly for reconsideration. The National Land Transport Amendment Bill
[B7F – 2016] (National Assembly – Sec 76) (“the Bill”) was passed by the National Assembly, transmitted to the NCOP for concurrence and referred to the Select Committee on Transport, Public Service and Administration, Public Works and Infrastructure (“the Select Committee”) on 25 October 2022).

1.2. The objects of the Bill are to amend the National Land Transport Act, 2009, to insert certain definitions and amend others; to provide for non-motorised and accessible transport; to bring the Act up to date with developments since the implementation of the Act; to provide for certain powers of provinces to conclude contracts for public transport services; to expand the powers of the Minister to make regulations and introduce safety measures; to amend other transport-related legislation to bring it into line with the Act; and to clarify or simplify various provisions or solve problems that have arisen since the implementation of the Act; and to provide for matters connected therewith.

 

2. Select Committee Process Followed in respect of the Bill

 

2.1 On 26 March 2023 an advert was placed in National Media calling for written submissions on the Bill with a deadline of 24 April 2023.  The Committee heard oral submissions on the Bill on 31 May 2023 and on 20 September 2023 the Department addressed the Committee on its response to oral and written submissions on the Bill.

 

2.2 On 15 November 2023 and 22 November 2023, the Select Committee considered the Negotiating Mandates on the Bill as received from Provinces. On 15 November 2023, the Select Committee resolved that no proposed amendments to the Bill be accepted. In the deliberations, the Select Committee was guided by Rules 209 and 210 of the Joint Rules of the Parliament of the Republic of South Africa which stipulates as follows:

 

209. Referral to Council committee

 

(1) On receipt of a remitted Bill or an amended Bill referred to the Council in terms of joint rule 205(1)(b) or 206(2)(b), the Chairperson of the Council must refer the President’s reservations and the Bill to a Council committee.

(2) The committee —

(a) must consider, and confine itself to, the President’s reservations;

(b) may confer with the corresponding Assembly committee on any matter concerning the President’s reservations; and

(c) must report on the President’s reservations and, if the Assembly has passed an amended Bill, on the Bill.

(3) If the committee agrees with the President’s reservations, the committee must —

(a) recommend in its report how any procedural defect in the Council’s proceedings can be corrected, if the reservations relate to a procedural matter; or

(b) report whether it agrees with the amended Bill passed by the Assembly, if the Assembly has passed such a Bill, or recommend rejection of that Bill.

[emphasis added]

 

210. Debate and decision

 

(1) The Chairperson of the Council must place the President’s reservations and the committee’s report, and, if an amended Bill was passed by the Assembly also the amended Bill, on the Order Paper for debate and decision.

(2) The debate in the Council must be confined to -

(a) the President’s reservations;

(b) the matters dealt with in the committee’s report; and

(c) the amended Bill, if there is an amended Bill.

(3) No Council member or committee may propose amendments to the Bill as referred to the Council.

(4) The Council must consider the President’s reservations and deal with the matter in terms of either joint rule 211 or 212.

(5) The Council may refer the matter back to the committee for further consideration before it takes its decision.

[emphasis added]

 

2.3 Eight provinces submitted Final Mandates on the Bill which were considered on 29 November 2023. The Final Mandates were submitted as follows:

 

Province	Mandate Vote
Eastern Cape	The Provincial Legislature votes in favour of the Bill and mandates the Eastern Cape Permanent Delegate to the NCOP to vote in favour of this Bill.
Free State	The Free State Legislature votes in favour of the Bill.
Gauteng	The Gauteng Provincial Legislature supports the principle and detail of the Bill and therefore votes in favour of the National Land Transport Bill.
KwaZulu – Natal	The KwaZulu-Natal Legislature met today, Tuesday, the 28th of November 2023, & agreed to mandate the KwaZulu-Natal delegation to the National Council of Provinces to support the National Land Transport Amendment Bill [B7F – 2016].
Limpopo	The Province votes in favour of the Bill.
Mpumalanga	The delegation representing the province of Mpumalanga in the National Council of Provinces is hereby conferred with a mandate to vote in favour of the Bill.
Northern Cape	The Committee Supports the National Land Transport Amendment Bill [B7 – 2016].
North West	The North West Provincial Legislature vote in Favour of the National Land Transport Amendment Bill [B7 – 2016].
Western Cape	The Province did not submit a Final Mandate.

 

2.4 The Select Committee agreed to make provision for an addendum to the Report to be added should further Final Mandates be submitted by Provinces on the Bill before the Report is scheduled for adoption in the House.

 

3. Outcome of Select Committee’s Consideration of the Bill

 

The Select Committee on Transport, Public Service and Administration, Public Works and Infrastructure having deliberated on and considered the subject of the National Land Transport Amendment Bill
[B7F – 2016] (National Assembly – Sec 76), referred to it and classified by the JTM as a section 76 Bill, reports that it has agreed to the Bill.   

 

 

Report to be Considered.