ROAD TRAFFIC MANAGEMENT CORPORATION AMENDMENT BILL

REPUBLIC OF SOUTH AFRICA

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(As introduced in the National Assembly as a section 76 Bill; explanatory summary of the Bill published in Government 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; 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]

010400BE

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 Road Traffic Management Corporation Act, 1999, so as to regulate the appointment of the chief executive officer and the managers of functional units; to empower the Shareholders Committee to determine the requirements for such appointments; 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 15 of Act 20 of 1999

1. Section 15 of the Road Traffic Management Corporation Act, 1999 (Act No. 20 of 1999) (hereinafter referred to as the principal Act) is hereby amendedC

(a) by the substitution for subsection (1) of the following subsection:

"(1) The Shareholders Committee must, subject to subsection (3), appoint a chief executive officer of the Corporation within [one month] three months after the date of commencement of this Act.".

(b) by substitution for subsection (3) of the following subsection:

"(3) Any person appointed as chief executive officer of the

Corporation must [C

(a) have at least five years managerial experience of which at least three years must have been gained in an executive capacity;

(b) be knowledgeable about road traffic affairs; and

(c) be a South African citizen; unless the Shareholders Committee determines otherwise] comply with the requirements determined by the Shareholders Committee.".

Amendment of section 19 of Act 20 of 1999

2. Section 19 of the principal Act, is hereby amended by the substitution for subsection (3) of the following subsection:

"(3) Any person appointed to the post of manager must [C

(a) be knowledgeable about road traffic management and operations;

(b) have proven executive managerial experience; and

(c) be a South African citizen] comply with the requirements determined by the Shareholders Committee.".

Short title

3.This Act is called the Road Traffic Management Corporation 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.