AT240508: Report of the Select Committee on Transport, Public Service and Administration, Public Works and Infrastructure on the Railway Safety Bill [B7B—2021] (National Assembly – Sec 76), dated 8 May 2024

NCOP Public Infrastructure & Minister in the Presidency

Report of the Select Committee on Transport, Public Service and Administration, Public Works and Infrastructure on the Railway Safety Bill [B7B—2021] (National Assembly – Sec 76), dated 8 May 2024

1. Introduction

1.1. The Railway Safety Bill [B7B—2021] (“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 24 October 2023.

1.2. The objects of the Bill are to provide for the regulation of railway safety in the Republic; to provide for the continued existence of the Railway Safety Regulator; to provide for the board and governance structures of the Railway Safety Regulator; to provide for railway safety permits; to provide for railway safety critical grades and safety management systems; to provide for a national railway safety information and monitoring system; to provide for a legal framework to enforce compliance with the Act and to deal with railway occurrences; to provide for an appeal mechanism; to provide for transitional arrangements and the repeal of the National Railway Safety Regulator Act, 2002; and to provide for matters connected therewith.

2. Select Committee process followed in respect of the Bill

2.1. On 18 February 2024 an advert was placed in National Media calling for written submissions on the Bill with a deadline of 25 March 2024. The Select Committee heard oral submissions on the Bill on 17 April 2024 and on
the same day the Department of Transport addressed the Select Committee on its response to oral and written submissions on the Bill. The Select Committee heard oral submissions from the Concerned Engineers Group, Congress of South African Trade Unions, Gautrain Management Agency, and Bombela Concession Company. Written submissions were received from the Western Cape Government Department of Mobility, Mr R von Gericke (formally Research, Design and Development section in the Railway Sector) and Mr B Kolberg (Groenwater Community Member). On 24 April 2024, the Select Committee considered and deliberated on the provincial Negotiating Mandates on the Bill and agreed to reject the amendments proposed in the Negotiating Mandates.

2.2. Nine provinces submitted Final Mandates on the Bill which were considered on 8 May 2024. 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 Railway Safety Bill.
KwaZulu – Natal	The KwaZulu – Natal Legislature met on Tuesday the 7^th of May 2024, & agreed to mandate the KwaZulu – Natal delegation to the National Council of Provinces to support the Railway Safety Bill [B7B – 2021].
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 Legislature Supports the Railway Safety Bill.
North West	The North West Provincial Legislature vote in favour of the Railway Safety Amendment Bill [ B 7 B -2021].
Western Cape	The Western Cape Provincial Parliament confers on the Western Cape’s delegation in the National Council of Provinces the authority to support the Bill.

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 Railway Safety Bill [B7B—2021] (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.

Documents