ATC240515: Report of the Select Committee on Transport, Public Service and Administration, Public Works and Infrastructure on the Transport Appeal Tribunal Amendment Bill [B8B—2020] (National Assembly – Sec 76), dated 15 May 2024

NCOP Public Infrastructure

Report of the Select Committee on Transport, Public Service and Administration, Public Works and Infrastructure on the Transport Appeal Tribunal Amendment Bill [B8B—2020] (National Assembly – Sec 76), dated 15 May 2024

 

1. Introduction

 

1. 1. The Transport Appeal Tribunal Amendment Bill [B8B—2020] (“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 7 March 2023.

 

1. 2. The objects of the Bill are to amend the Transport Appeal Tribunal Act, 1998, so as to insert, delete and amend certain definitions; to bring the Act in line with the developments since the enactment of the Act; to provide for certain powers of the Transport Appeal Tribunal; to allow the Minister to extend the term of office of the members of the Tribunal; to empower the Transport Appeal Tribunal to take appropriate steps in cases where its rulings are not implemented or effected timeously and empower it to investigate delays in the completion of its proceedings; and to provide for matters connected therewith.

 

2. Select Committee Process Followed in Respect of the Bill

 

1. 1. The Department of Transport briefing the Select Committee on the background and objects of the Bill on 18 October 2023. On 24 March 2024 an advert was placed in National Media calling for written submissions on the Bill with a deadline of 12 April 2024. No submissions were received in response to the call for written submissions.  

 

1. .2 On 30 April 2024, the Select Committee considered and deliberated on the provincial Negotiating Mandates on the Bill. On 7 May 2024, the Select Committee continued with its deliberations on the Negotiating Mandates and agreed to the C- List of amendments to the Bill as reflected in Annexure A to this Report.

 

1. 3. Eight provinces submitted Final Mandates on the Bill which were considered on 15 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 the Transport Appeal Tribunal Amendment Bill [B8D—2020].
Free State	No Final Mandate Submitted.
Gauteng	The Gauteng Provincial Legislature supports the principle and detail of the bill and therefore votes in favour of the Transport Appeal Tribunal Amendment Bill [B8D—2020].
KwaZulu – Natal	The KwaZulu-Natal Legislature met and agreed to mandate the KwaZulu-Natal  delegation to the National Council of Provinces to support the Transport Appeal Tribunal Amendment Bill [B8D-2020].
Limpopo	The Province votes in favour of the Transport Appeal Tribunal Amendment Bill [B8D—2020].
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 Transport Appeal Tribunal Amendment Bill [B8D—2020].
Northern Cape	The Legislature supports the Transport Appeal Tribunal Amendment Bill [B8D-2020].
North West	The North West Provincial Legislature vote in favour of the Transport Appeal Tribunal Amendment Bill [ B8D -2020].
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 Transport Appeal Tribunal Amendment Bill [B8D-2020].

 

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 Transport Appeal Tribunal Amendment Bill [B8B—2020] (National Assembly – Sec 76), referred to it and classified by the JTM as a section 76 Bill, reports that it has agreed to an amended Bill [B8D—2020].   

 

 

Report to be Considered.

 

 

 

ANNEXURE A

 

 

 AMENDMENTS

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TRANSPORT APPEAL TRIBUNAL AMENDMENT BILL

[B8B—2020]

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CLAUSE 4

 

1.         On page 3, from line 36, to omit subsection (1) and to substitute the following subsection (1):

            “(1) The Tribunal will sit on such days and the duration and at such a place as the Director-General may determine after consultation with the chairperson of the Tribunal.”

 

CLAUSE 6

1.         On page 4, in line 42, after “a”, to insert, “decision or”.

 

CLAUSE 7

1. On page 5, in line 16, after “appellant”, to insert “, except where the respondent makes an application to oppose the automatic suspension immediately after such decision or ruling is made by the chairperson of the Tribunal”.

 

CLAUSE 9

1. On page 6, from line 5, omit subsection (1), to substitute the following subsection (1):

“(1) The Director-General must, after consultation with the chairperson of the Tribunal, designate such officers in the Department of Transport as may be necessary to perform administrative and secretarial work or investigations required by the Tribunal.”

 

CLAUSE 13

1.        On page 6, in line 42, omit “2020”, to substitute “2024”.

 

LONG TITLE

1.           On page 2, in line 7 of the Long Title, after “its”, to insert “decisions or”.