REPUBLIC OF SOUTH AFRICA
ADMINISTRATIVE ADJUDICATION OF ROAD TRAFFIC OFFENCES SECOND AMENDMENT BILL
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(As introduced in the National Assembly as a section 76 Bill; explanatory summary of the Bill was published in Gazette No. 21077 of 7 April 2000) (The English text is the official text of the Bill)
(MINISTER OF TRANSPORT)
[B -2000]
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REPUBLIEK VAN SUID-AFRIKA
WYSIGINSWETSONTWERP OP DIE PADVERKEERSBESTUURSKORPORASIE
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(Soos ingedien in die Nasionale Vergadering as `n artikel 76-wetsontwerp; 'n verduidelikende opsomming van Wetsontwerp in Staatskoerant No. 21077 van 7 April 2000 gepubliseer) (Die Afrikaanse teks is die amptelike vertaling van die Wetsontwerp)
(MINISTER VAN VERVOER)
[W -2000]
020400BE
GENERAL EXPLANATORY NOTE:
[ ] Words in bold type in square brackets indicate omissions from existing enactments.
___________ Words underlined with a solid line indicate insertions in existing
enactments.
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BILL
To amend the Administrative Adjudication of Road Traffic Offences Act, 1998, so
as to regulate the appointment of registrar, deputy registrars and representations officers by the Minister; to effect textual corrections; and to provide for matters connected therewith.
BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:C
Amendment of section 8 of Act 46 of 1998
1. Section 8 of the Administrative Adjudication of Road Traffic Offences Act, 1998 (Act No. 46 of 1998) (hereinafter referred to as the principal Act) is hereby amended by substitution for subsection (1) of the following subsection:
"(1) The members of the Board referred to in section 6(1)(a) and (b) must appoint a person [with proven expertise in corporate and financial management] with the qualifications and experience determined by the Minister as the registrar of the agency.".
Amendment of section 9 of Act 46 of 1998
2. Section 9 of the principal Act is hereby amended by the substitution for subsection (2) of the following subsection:
"(2) [No] A person may not be appointed as a deputy registrar unless that person [C
(a) has occupied a post of magistrate under the Magistrates Act, 1993 (Act No. 90 of 1993), or a post of senior prosecutor, for an interrupted period of at least five years; or
(b) has a tertiary qualification in financial or information management and at least three years appropriate experience] has the qualifications and experience determined by the Minister.".
Amendment of section 10 of Act 46 of 1998
3. Section 10 of the principal Act is hereby amended by the substitution for subsection (2) of the following subsection:
"(2) [No] A person may not be appointed as a representations officer unless that person [C
(a) holds a legal qualification and has proven expertise in the field of road traffic law; or
(b) holds a qualification in road traffic management and control approved by the board] has the qualifications and experience determined by the Minister.".
Short title
4. This Act is called the Administrative Adjudication of Road Traffic Offences
Second Amendment Act, 2000.
WB030400
MEMORANDUM ON THE OBJECTS OF THE ADMINISTRATIVE ADJUDICATION OF ROAD TRAFFIC OFFENCES THIRD AMENDMENT BILL
1. The Bill seeks to amend the Administrative Adjudication of Road Traffic Offences Act, 1998 (Act No. 46 of 1998) ("the Act"), in order to regulate the appointment of the registrar, deputy registrar and the representations officer by the Minister. It is proposed that the requirements laid by the Act for the appointment of the registrar, deputy registrar and representations officer be removed, with the Minister empowered to determine such requirements.
2. The requirements for their appointment will require the Minister to head hunt and identify suitable persons for the said positions.
CONSULTATIONS
3. Members of the Executive Council responsible for traffic or transport in the nine provinces where consensus regarding the proposed changes was reached, were consulted.
IMPLICATION FOR PROVINCES
4. None
FINANCIAL IMPLICATIONS FOR STATE
5. None.
PARLIAMENTARY PROCEDURE
6. The State Law Advisers and the Department of Transport are of the opinion that the Bill must be dealt with in accordance with the procedure established by section 76 of the Constitution.