The Select Committee on Transport, Public Service and Administration, Public Works and Infrastructure met on a virtual platform with the Department of Transport to receive a briefing on the National Road Traffic Amendment Bill [B7B – 2020] (s76) and the National Land Transport Amendment Bill [B 7F -2016] (sec 76)].
The Department briefed the Committee on the National Road Traffic Amendment Bill [B7B – 2020] (s76). The Bill seeks to achieve proper implementation of the strategic interventions highlighted in the Road Safety Strategy and address practical challenges. The Department provided an overview of the clause-by-clause discussion, consultation and parliamentary procedure. Provincial Departments responsible for transport and traffic in the Provinces and other stakeholders were consulted. The Office of the Chief State Law Advisor opined that this Bill must be dealt with in accordance with the procedure set out in section 76 of the Constitution. The Department recommended that the Committee notes the proposed amendments to the National Road Traffic Amendment Bill [B7B – 2020] and approve the Bill for further processing.
The Department also briefed on the National Land Transport Amendment Bill [B7F-2016] (sec 76). The Bill is designed to update the principal Act and respond to changes since 2009. The Bill also provides for regulating electronic hailing (e-hailing) services and the amendment of contracting arrangements, among other issues. The Department is of the view that the referral of the President’s reservations, based on the concerns of the South African Local Government Association and the City of Cape Town, will be removed by amending the Bill as indicated above and shown in the attached proposed amendment document. Given the capacity challenge in various municipalities, the Department and the province will ensure that the key sections should be enforced to ensure that municipalities have the necessary capacity to undertake the contracting functions as provided for in the Act and the Bill.
The Committee emphasised the importance of ensuring that the Bills would assist the outcomes of the road safety strategy. Members welcomed the concerted efforts of the Department to implement public participation, including incorporating inputs from the public and NEDLAC in the Bills. Further, the Bills were submitted twice for inputs in the parliamentary context and approved by the National Assembly on 27 September 2022. Members took cognisance of the anti-corruption measures proposed in the Bills including the utilisation of cameras to monitor the occurrence of corruption, such as examiners and traffic wardens who have a direct or indirect financial interest in the traffic industry.
Opening Remarks by the Deputy Minister of Transport
Mr Lisa Nkosinathi Mangcu, Deputy Minister of Transport, said that the National Road Traffic Amendment Bill [B7B – 2020] (s76) and the National Land Transport Amendment Bill [B 7F -2016] (sec 76)] were presented to the National Assembly and processed by the Portfolio Committee.
He noted the concerns about the widespread carnage on the roads which stifles the Department’s ability to promote economic growth. The high number of accidents and fatalities detract productive citizens from economic activity and negatively impacts the overall economy.
The Department of Transport (DoT) is committed to reducing 25% of road fatalities by 2024. The commitment includes policy and legislative interventions.
The design of the Road Traffic Management system is premised on maintaining norms and standards to ensure effective performance by sub-national spheres of government in its executive authorities. This is essential for maintaining economic unity.
It is important to recognise that policy and legislative interventions are meant to ensure a safe environment for all road users. Motorists and road users must appreciate that roads are a shared space that requires behaviour that respects the rights of others.
Society members are collectively responsible for changing negative behaviour that places other road users in harm’s way. Behavioural change starts with each individual respecting the road rules and being courteous to others who share the road space.
The competence of drivers remains one of the most critical elements. This is escalated by corrupt practices found at driving schools and driving licence testing centres. Thus, corruption must be addressed. The Bills provide an opportunity to address the challenges of corruption and persecute perpetrators. They will provide closer scrutiny of the driving schools and ensure uniform standards are applied to driving schools. Quality assurance must be strengthened across the value chain. Stricter rules will be introduced to address cheating by students and illegal behaviour by instructors.
The strengthening of the regulations will provide more instruments to hold motorists accountable on the road. The Department calls upon motorists and civil society to work with the Department to instil a culture of mutual respect and responsible conduct on the roads - “Road safety begins with me”.
Briefing by the Department of Transport on the National Road Traffic Amendment Bill [B7B – 2020] (s76)
Adv Johannes Makgatho, Senior Legal Advisor, DoT, led the presentation on the Bill. The main objectives of the presentation were to provide:
- The background and objects of the Bill
- Clause-by-clause explanation of the Bill
- Parliamentary procedure
- The National Road Traffic Amendment Bill was passed by the National Assembly on 27 September 2022
- The Bill was drafted to give effect, in the short-term, to some of the principal strategies contained in the National Road Safety Strategy, 2006 (Road Safety Strategy).
- The Road Safety Strategy, among other things, contains the Millennium Development Goals set out by Ministers of Transport in Africa, to reduce road crashes, improve traffic law enforcement, improve existing mechanisms and create more measures to ensure road traffic safety.
- The Bill seeks to achieve proper implementation of the strategic interventions highlighted in the Road Safety Strategy and address practical challenges.
The Bill seeks to amend the National Road Traffic Act, 1996 (Act No. 93 of 1996). Its main objectives, amongst others, are to:
- Provide for the registration and licensing of motor vehicles, manufacturers, builders, bodybuilders, importers and manufacturers of number plates;
- Empower a Member of the Executive Council (‘‘the MEC’’) to register an applicant as a manufacturer, bodybuilder, builder, importer and manufacturer of number plates;
- Regulate the registration and grading of applicants as driving school instructors, and direct how the application and registration of driving school instructors should be made, to further regulate the driving school industry and to prohibit the operation of unregistered and ungraded driving schools and utilisation of ungraded driving school instructors;
- Ensure misconduct and criminal processes are more efficient, effective, properly enforced and implemented;
- Empower an MEC to declare as void all documents purporting to be driving licences;
- Empower the Minister to appoint a person or authority as an inspectorate of driving licence testing centres; and
- Ensure the compulsory registration and grading of driving schools, and the suspension and cancellation of registration by the MEC.
Clause-by-Clause Explanation of the Bill
Clause 1 amends existing definitions and inserts new definitions in order to assist in the interpretation of the Act.
Clauses Two and Three
Clauses 2 and 3 amend sections 3A and 3B of the Act, respectively, to include NaTIS officers, reserve traffic wardens and traffic wardens to be appointed and registered by the chief executive officer (‘‘the CEO’’).
Clause 4 amends section 3C of the Act by providing that no person shall be registered or remain registered as an examiner of vehicles, traffic officer, reserve traffic warden, traffic warden and NaTIS officer, if such person or his or her spouse has or acquires a direct or indirect financial interest in the manufacturing, selling, rebuilding, repairing or modifying of motor vehicles.
Clause 5 amends section 3D of the Act to provide for minimum requirements and qualifications, instead of a ‘‘diploma’’, for registration as inspector of licences, examiner of vehicles, examiner for driving licences or traffic officer. A reserve traffic warden, traffic warden and NaTIS officer are included.
Clause 6 amends section 3E of the Act by providing for the suspension or cancellation of the registration of an examiner for driving licences or an examiner of vehicles, if such person was convicted for a crime as contemplated in Schedule 1 or 2 to the Criminal Procedure Act, 1977 (Act No. 51 of 1977), or if such person has a direct or indirect financial interest in the transport services business or motor vehicle business.
Clause 7 amends section 3I of the Act, which provides for the powers and duties of a traffic officer. Clause 7 seeks to add a new paragraph in section 3I, which provides a further power of a traffic officer to impound a motor vehicle if the traffic officer is satisfied on reasonable grounds, and subject to verification by the traffic officer, that the motor vehicle was issued with a notice to discontinue operation in terms of section 44 of the Act and the notice was not complied with, or the motor vehicle is being operated on a public road by a driver who is not a holder of a valid driving licence, or is being operated on a public road by a driver who is not a holder of a valid professional driving permit.
Clause 8 substitutes section 3L of the Act to preclude a department of state or an authority from offering authorised officer qualifications unless such department of state or authority has been approved, registered and graded as a training centre in accordance with prescribed requirements.
Clause 9 inserts new sections 3M, 3N and 3O to provide for the application for, and the registration and grading of, training centres by the Shareholders Committee, and also provides for the suspension and cancellation of registration of training centres by the Shareholders Committee.
Clause 10 amends section 5 of the Act and provides that manufacturers, builders, body builders and importers must apply for registration to the CEO and that they shall not manufacture, build, modify, import, sell or distribute motor vehicles unless registered in the prescribed manner by the CEO.
Clause 11 seeks to insert sections 5A, 5B, 5C, 5D, 5E, 5F, 5G, 5H, 5I, 5J, 5K and 5L in the Act. This clause provides for the manufacturing of blank number plates, supplying of blank number plates, manufacturing of reflective sheeting for number plates, supplying of reflective sheeting for number plates and embossing of number plates.
Clause 11 prohibits manufacturing blank number plates, supplying blank number plates, manufacturing reflective sheeting for number plates, supplying reflective sheeting for number plates and embossing of number plates, unless the person, authority or organisation is registered. A person, authority or organisation may apply to the MEC for registration as a manufacturer of blank number plates, supplier of blank number plates, manufacturer of reflective sheeting for number plates, supplier of reflective sheeting for number plates and embosser of number plates. The MEC may, subject to due process of law, suspend or cancel the registration if the person is no longer complying with the prescribed requirements.
Clause 11 provides for weighbridge facilities. The clause prohibits anyone from operating a weighbridge facility unless such person is registered. A person, authority or organisation desiring to operate a weighbridge facility may apply to the MEC for registration and such registration may, subject to due process of law, be suspended or cancelled by the MEC if such person, authority or organisation no longer complies with the prescribed requirements.
Clause 11 provides for the manufacturing and supplying of microdots as well as microdot fitment centres. No person may manufacture or supply microdots or operate a microdot fitment centre unless such person is registered. A person, authority or organisation may apply to the MEC for registration, who may, subject to due process of law, suspend or cancel such registration of such person, authority or organisation no longer comply with the prescribed requirements.
Clause 12 amends section 6 of the Act, which provides for appeals to the Shareholders Committee, in the event that a person is aggrieved at a refusal by the CEO to register him or her as a manufacturer or if a person is aggrieved by a suspension or cancellation of a registration.
The new proposal seeks to extend the right to appeal to a manufacturer of blank number plates, manufacturer of reflective sheeting for number plates, supplier of blank number plates, supplier of reflective sheeting for number plates, embosser of number plates, weighbridge facility, manufacturer of microdots, supplier of microdots and microdot fitment centre.
Clause 13 amends section 7 of the Act by providing for the inspectorates of manufacturers, body builders, importers, number plates, microdots and weighbridge facilities, whose powers and duties are to be prescribed in the regulations.
Clause 14 repeals section 8 of the principal Act.
Clause 15 amends section 8A of the Act by providing that a driving licence testing centre may apply for registration for the operation of a mobile facility for the purpose of testing applicants for learner’s licences.
Clause 16 amends section 9 of the Act to include grading of driving licence testing centres, in the Gazette, in addition to the notice of registration.
Clause 17 amends section 11 of the Act to remove the involvement of the Shareholders Committee in the appointment of an inspectorate of driving licence testing centres.
Clause 18 inserts a new section 11A in the Act to provide for the appointment of, and the powers and duties of, provincial inspectorates, whose powers and duties must be prescribed by the Minister of Transport in consultation with the relevant MEC.
Clause 19 amends section 15 of the Act, which provides for the disqualification from obtaining or holding a learner’s licence or a driving licence. Clause 19 seeks to include driving permit in the disqualification.
Clause 19 also includes physical defects in the requirements for disqualifications. The CEO may attach conditions in respect of an issued licence, by a person who has to drive with the aid of glasses, an artificial limb or any other aid.
Clause 20 amends section 16 of the Act by providing that any person who is the holder of a licence authorising the driving of a motor vehicle, who becomes aware that he or she is disqualified from holding such licence, must submit the licence to the CEO, who must cancel the licence. If the licence was issued in a prescribed territory, the CEO must notify those authorities of the cancellation.
Clause 21 amends section 17 of the Act by providing that a person shall not wilfully or negligently issue a learner’s licence or authorise the issue of a learner’s licence, endorse or fail to endorse a learner’s licence, or produce, print or manufacture any document similar to a learner’s licence, contrary to Chapter 4 of the Act.
Clause 21 also provides that an applicant for a learner’s licence who makes use of any unauthorised aid during a test for a learner’s licence or is found in possession of an aid that may assist a person in answering a test for a learner’s licence, shall be disqualified from reapplying for a learner’s licence for a period not exceeding 24 months from the date of such disqualification. The Minister is empowered to make regulations regarding due process that will be followed before a person is disqualified.
Clause 22 adds a new subsection (5A) in section 18 of the Act and prohibits use of unauthorised aid during a driving licence test and a guilty person will be disqualified from reapplying for a driving licence for a period of two years.
Clause 23 amends section 19 of the Act by providing that the examiner of driving licences shall, on receipt of an application for substitution of a driving licence, if he or she is satisfied that the existing licence is a valid licence and that the applicant is the holder thereof, issue or authorise the issue of a driving licence in respect of the class of motor vehicle to which the existing licence relates. Furthermore, any person whose licence has become invalid in terms of section 18(6) or (7) of the Act and who requires a driving licence must apply anew for the issue of such driving licence.
Clause 24 amends section 20 of the Act by providing that a driving licence issued in terms of subsection (1) shall be deemed to be a driving licence issued under this Act until a date fixed by the Minister by notice in the Gazette.
Clause 25 substitutes section 23 of the Act and provides for circumstances under which a driving licence authorising the driving of a motor vehicle which was issued in any other country that is a contracting state to the Convention and an international driving permit which was issued while the holder thereof was not permanently or ordinarily resident in the Republic, shall be deemed to be a driving licence or a driving permit.
Clause 26 amends section 25 of the Act by providing that if the holder of a learner’s or driving licence issued in terms of Chapter 4 of the Act, a repealed ordinance or any prior law, is disqualified from holding such licence, the CEO must cancel such licence. If the holder of the licence constitutes a source of danger to the public by driving a motor vehicle on a public road, and an affirmation or affidavit in respect of the circumstances relating to such source of danger is submitted to the CEO, the CEO may cancel or suspend such licence.
Clause 27 amends section 27 of the Act to clarify that an amendment is made in terms of section 18 (4) (b) of the Act.
Clause 28 amends section 28 of the Act to include grading in respect of registration of an instructor.
Clause 29 amends section 28A of the Act to provide that any person desiring to be registered as an instructor apply at a driving licence testing centre to the CEO in respect of one or more classes of motor vehicles for which a learner’s or driving licence can be obtained and in terms of the prescribed conditions.
Clause 30 amends section 28B of the Act which provides for the requirements for eligibility for registrations of a person as an instructor. Clause 30 adds a new requirement that a person may not be registered as an instructor if he or she has been convicted of any offence listed in Schedule 1 or 2 to the Criminal Procedure Act, 1977 (Act No. 51 of 1977), or if such person has been convicted of driving under the influence of alcohol or drugs.
Clause 31 inserts sections 28D, 28E, 28F, 28G and 28H to provide for the compulsory registration and grading of driving schools, and for suspension and cancellation of registration by the MEC.
Clause 32 amends section 29 of the Act by providing that a document purporting to be a learner’s or a driving licence issued contrary to Chapter 4 of the Act shall, on the request of the inspectorate of driving licence testing centres or provincial inspectorate, be declared void by the CEO.
Upon his or her request, the holder of such document shall forthwith submit such document to the inspectorate of driving licence testing centres, who shall destroy the document in the prescribed manner, further providing that the CEO may, under the prescribed circumstances, condone the issue of a document referred to in subsection (1) and declare such a document to be a valid licence from the date of issue of the document.
Clause 33 amends section 30 of the Act by providing that no person shall use any other person’s learner’s or driver’s licence and present such licence as his or her own.
Clause 34 amends section 31 of the Act by providing that no person who is the owner or operator, or is in charge, or control, of a motor vehicle, shall employ or permit any other person to drive that vehicle on a public road unless that other person is licenced to drive the vehicle, he or she must verify that such person is licensed before such person drives such vehicle.
Clause 35 amends section 32 of the Act by prohibiting any person from driving a motor vehicle of a prescribed class on a public road except in accordance with the conditions of a professional driving permit issued to him or her and unless such person keeps such permit with him or her in the vehicle. Further, if the person accompanying the holder of a learner’s licence is an examiner for driving licences, such examiner does not have to be the holder of a professional driving permit.
Clause 36 effects a technical amendment.
Clause 37 amends section 34 of the Act by adding a new subsection to provide that where a court has issued an order declaring a convicted person who is not a holder of a licence or permit, to be disqualified from obtaining a licence, the registrar or clerk of the court shall notify the MEC concerned of such order and the MEC shall record such order in the register for driving licences.
Clause 38 inserts section 53A in the Bill and provides for the power of an MEC to delegate his or her statutory powers to another person, although this does not prevent the MEC from exercising such power himself or herself.
Clause 39 amends section 57 of the Act to include the Passenger Rail Agency of South Africa in the authority to display road traffic signs or to remove road traffic signs in a railway level crossing over any public road.
Clause 40 amends section 58 of the Act, which provides for the authority to disregard road traffic signs, to include a person who drives an emergency vehicle in the carrying out of his or her duties, or a person driving a vehicle while responding to a disaster in terms of the Disaster Management Act, 2002 (Act No 57 of 2002), permitting such person to disregard the directions of a road traffic sign which is displayed in the prescribed manner and in the case where such vehicle is approaching certain intersections, such driver to stop at the intersection and proceed only when it is safe to do so.
Clause 41 of the Bill amends section 60 of the Act, to provide that the driver of an emergency vehicle who drives such vehicle in the carrying out of his or her duties or a person driving a vehicle while responding to a disaster in terms of the Disaster Management Act, 2002 (Act No. 57 of 2002), may not exceed a speed of 20 km/h through an intersection.
Clause 42 inserts a new section 62A in the Act, and provides that, in the event of a road incident, the emergency services shall immediately respond to the incident and render all the necessary services as prescribed.
Clause 43 amends section 76 of the Act by including ECE regulations or model regulations in the provision for the incorporation of standards by reference.
Clause 44 amends section 80 of the Act by providing that any disabled person who has been exempted from the laws relating to parking in accordance with the prescribed requirements, and to whom proof of such exemption has been issued, must be deemed to be so exempted from the laws applicable in the areas of jurisdiction of all local authorities in the Republic.
Clause 45 amends section 81 of the Act by providing for the circumstances under which a registered vehicle which does not comply with the provisions of this Act might be exempted and authorised to operate on a public road.
Clause 46 amends section 85 of the Act by providing that an application for the issue of a document as proof of a driving licence must be made to the relevant MEC or Minister and such application shall be accompanied by the full names and identity number of such applicant and appropriate fees, if any.
Clause 47 effects technical amendments in respect of references and the CEO.
Clause 48 substitutes the heading of the section and the arrangement of the section.
Clause 49 provides for the short title and commencement.
Consultation and Parliamentary Procedure
Provincial Departments responsible for transport and traffic in the Provinces and other stakeholders were consulted.
The Office of the Chief State Law Advisor opined that this Bill must be dealt with in accordance with the procedure set out in section 76 of the Constitution.
The Department recommended that the Committee notes the proposed amendments to the National Road Traffic Amendment Bill [B7B – 2020] and approve the Bill for further processing.
Department of Transport on the National Land Transport Amendment Bill
Mr Mathabatha Mokonyama, Deputy Director-General: Public Transport, DoT, led the presentation on the National Land Transport Amendment Bill [B 7F -2016] (sec 76)].
The National Land Transport Act 5 of 2009 (“the principal Act”) was enacted to further the process of transformation and restructuring of the national land transport system started by the National Land Transport Transition Act 22 of 2000 (“the Transition Act”).
The Bill is designed to update the principal Act and respond to changes since 2009. The Bill also provides for regulating electronic hailing (e-hailing) services and the amendment of contracting arrangements, among other issues.
One objective of the principal Act was to consolidate functions at the local sphere where possible to avoid fragmentation of functions. The principal Act thus gives powers only to municipalities to enter into new contracts.
It only allows provinces and national governments to continue with old-order contracts until they are assigned to municipalities. This provided challenges, e.g., in that municipalities lacked capacity and disagreements occurred between provinces and municipalities.
To deal with these challenges and possible lapse of services in certain areas, the Bill seeks to amend section 11 of the principal Act to allow provinces to conclude new contracts and, at the same time, to allow national government to intervene where provinces and municipalities fail to perform this duty.
The President expressed reservations about clauses 7(a), 7(b), 7(h), 7(i), 7(j), 7(k), 7(l) and 7(m) of the Bill based on objections by SALGA and the City of Cape Town. The Department is of the view that the Bill can be amended to allay these concerns.
Concerns Expressed: Clause 7(a) – granting of contracting powers to the national sphere of government
The concern is that the national sphere may not generally assume local government functions for itself.
Also “The difficulty with clause 7(a) is that it appears to confer on national government the power to conclude a wide range of contracts concerned – irrespective of whether they are national in scope, provincial in scope or merely local in scope.”
Schedule 4, Parts A and B to the Constitution, allocates the function of public transport to all three spheres (national and provincial governments have concurrent powers and local governments have powers over municipal public transport).
However, to allay the concerns, the Department suggests that the sub-paragraph be deleted as the national sphere (Minister) has powers to intervene in terms of section 5(6) of the principal Act and the Constitution provides for intervention by the national sphere, in the case of provinces in section 100, and by the provincial sphere in the case of municipalities in section 139.
Concerns expressed: Clause 7(b) – granting of contracting powers to the provincial sphere of government
Similar reservations were expressed that the effect of the proposed amendments will be that where the relevant municipality does not meet the requirements and criteria to be prescribed by the Minister, the provincial sphere may step in and conclude the contracts with the operators instead of the municipality.
The concern is also that the provincial sphere may not generally assume local government functions for itself.
The Department is of the view that there is no need to allocate this function to provinces as currently provided for in clause 7 (b) of the Amendment Bill. Municipalities will have an exclusive right to conclude new contracts in their areas. However, provinces can still perform this function on their behalf in terms of an agreement contemplated in section 12(1) of the principal Act.
Section 12 of the principal Act specifically provides for agreements between provinces and municipalities, and between two or more municipalities and the Department is of the view that this provision is sufficient in enabling provinces to assist municipalities in areas where municipalities lack the necessary capacity to perform this function.
Concerns expressed: Clause 7(h) – municipalities may only contract if they meet the requirements and criteria prescribed by the Minister, and subject to the amended section 11(6) and the new section 11(9)
There are concerns about the constitutionality of the provision in that national and provincial governments may not assume municipal functions for themselves and may only intervene where the requirements of section 139 of the Constitution are met.
There are also concerns about the news. Section 11(6) provides that provinces must continue acting as contracting authority for contracts concluded under the Transition Act until those contracts lapse, expire, are cancelled or replaced. The words “unless that function has been assigned to a municipality…” are deleted.
The concern is that there is no flexibility and the provision will apply even if the contract is exclusively for public transport within a specific municipality and even if the municipality has capacity.
The Department agrees that the proposed proviso to clause 7(h) of the Bill which provides for prescribed requirements and criteria be deleted.
The Department agrees that municipalities will have an exclusive right to conclude contracts in their areas. Concerns Expressed: Clause 7(i) – exemption from the proviso to section 11(1)(c)(xxvi)
Clause 7(i) will insert a news 11(1A)) to provide that municipalities may apply to the Minister for exemption from the need to comply with the prescribed requirements and criteria before contracting.
There are objections to this on constitutional grounds.
Clause 7(i) should be deleted as a consequential amendment, as the proviso to section 11(1)(c)(xxi) will be deleted.
Concerns expressed: Clause 7(j) will make a consequential amendment to s. 11(2) of the principal Act relating to removal of the assignment of the contracting function.
The referral objects to the removal of the power to assign as the Constitution and other legislation provide for assignment.
Clause 7(j) should be deleted as the assignment of the function will be retained due to the fact that the provision for municipalities to meet prescribed requirements and criteria will be deleted.
Concerns expressed: Clause 7(k) – assignment of the contracting function
Clause 7(k) will delete ss. 11(3) and 11(5) of the principal Act to remove the provisions on assigning the contracting function to municipalities.
The referral questions the constitutionality of these deletions as the Constitution provides for assignment.
Concerns expressed: Clause 7(k) – assignment of the contracting function
Clause 7(l) will affect a consequential amendment to section 11(4) of the principal Act in connection with assignment.
The Department agrees that clause 7(k) should be deleted.
Concerns Expressed: Clause 7(m) – provinces acting as contracting authority for contracts concluded under the Transition Act
Clause 7(m) will amend section 11(6) of the principal Act in connection with provinces continuing to act as contracting authority for contracts concluded under the Transition Act.
There is no flexibility to the provinces in this provision. It will apply even if the contract is exclusively for public transport within a specific municipality and even if the municipality can administer the contract.
The Department agrees that clause 7(m) should be deleted to leave section 11(6) of the principal Act, as it is.
The Department is of the view that the referral of the President’s reservations, based on the concerns of SALGA and the City of Cape Town, will be removed by amending the Bill as indicated above and shown in the attached proposed amendment document.
Section 11 (1) (a) (vi) of the principal Act provides that the national sphere of government is responsible for capacitating and monitoring provinces and municipalities that lack capacity or resources to perform their land transport function.
Further, Section 11(a) (b) (vi) also provides that the provincial sphere of government is responsible for building capacity in municipalities to monitor the implementation of this Act.
Given the capacity challenge in various municipalities, the Department and the province will ensure that the above sections should be enforced to ensure that municipalities have the necessary capacity to undertake the contracting functions as provided for in the Act and in the Bill.
[See the presentations for further details]
The Chairperson said that the Committee takes cognisance of the issues that were raised in the presentations.
Mr T Brauteseth (DA, KZN) said he needed to be made aware of the period for public comments. He asked the Department to elaborate on public participation.
Ms M Moshodi (ANC, Free State) referred to the National Road Traffic Amendment Bill briefing. She requested the Department to clarify the need for more strategic outcomes.
She asked whether the Bill will have a retrospective effect on persons currently registered for learner and driving licences as well as for instructors.
Ms S Moleleki (ANC, Free State Legislature) asked whether the Department considered cameras to monitor the occurrence of corruption. How will the Department manage the issue of examiners and traffic wardens who have a direct or indirect financial interest in the traffic industry?
Ms M Mamaregane (ANC, Limpopo) asked whether the Department will update the socio-economic impact assessment conducted before 2016.
The Chairperson asked whether the Department intends to reintroduce the proposed amendment 116.
Adv. Makgatho affirmed that the Department would reintroduce the proposed amendment 116 on the National Road Traffic Amendment Bill. This will be amended upon completion of the process.
Regarding public participation, there were three instances of public involvement. The Bills were submitted for public comments, and consultations ensued. Input from the public was incorporated into the Bills.
Thereafter, the Bills were submitted to the National Economic Development and Labour Council (NEDLAC) for further consultation. It was presented twice for inputs in the parliamentary context. A protracted consultation ensued, and the National Assembly approved the current version of the Bills on 27 September 2022.
On the strategic outcomes, he affirmed that the Bills would assist the outcomes in the road safety strategy. The Department would consider a plethora of interventions.
On the issue of retrospectivity, he said that the provisions would not be retrospective. The Bill will become an Act once signed by the President and effective as of the day of the proclamation.
Regarding corruption and the utilisation of cameras, the Department would implement such measures within the availability of resources.
He said that examiners and traffic wardens with a direct or indirect financial interest in the traffic industry present a conflict of interest.
Mr Mokonyama added that the original amendment of the National Land Transport Amendment Bill ensured that all steps of the public participation process were completed. The only outstanding step in the process is for the President to assent to the Bill and sign it into law.
The socio-economic impact was conducted in the original amendment. The amendment has several socio-economic impacts.
Further representations were received on the constitutionality of the contracting authority introduced in the original Bill. This clause was removed from the original Bill. The next step is the consideration by the NCOP of what was raised by the President. If the deletions are agreed to, the Bill will be re-submitted to the President.
The Chairperson referred to Clause 39, which amends section 57 of the Act to include the Passenger Rail Agency of South Africa in authority to display road traffic signs or to remove road traffic signs in a railway-level crossing over any public road. He asked why Transnet was excluded.
Adv. Makgatho said that section 57(7) of the National Road Act provides that Transnet Limited, or a person in its employment who has either generally or specifically been authorised to it, may in respect of any railway level crossing on any public road for which Transnet Limited is responsible, cause or permit to be displayed, in a prescribed manner; any such road traffic signs as Transnet Limited or such person may deem expedient.
Ms Phumelele Ngema, Legal Advisor, Parliament, clarified public participation and said all processes were completed. The current process is in line with Section 79 of the Constitution, as the President has returned the Bills for further consideration by the NCOP.
The Chairperson thanked the Department for the presentation.
The Committee also considered and adopted outstanding minutes of the Committee. The draft minutes of the previous meeting held on 22 February 2023.
The minutes were unanimously adopted as a true reflection of the meetings.
The Chairperson thanked the Members for their attendance.
The meeting was adjourned.
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