TRANSPORT
AGENCIES GENERAL LAWS AMENDMENT BILL,2007
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(As introduced in the National Assembly as a section
75 Bill; explanatory summary of Bill published in Government Gazette No. of
) (The English text is the official text of
the Bill)
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(MINISTER
OF TRANSPORT)
[B
- 2007]
________________________________________________________________
070605SE
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.
________________________________________________________________
B I L L
To amend—
and to provide for matters connected
therewith.
BE IT ENACTED by the Parliament of the
Amendment of section 5 of Act 4 of 1998
1. Section
5 of the Cross-Border Road Transportation Act, 1998, is hereby amended by—
(a) the deletion in subsection (2) of the word "and" at
the end of paragraph (b) and the
insertion after that paragraph of the following paragraphs:
“(bA) the Chief Executive Officer, by virtue
of holding that office;
(bB) if the Minister specifies
an office in the Department for the purposes of this subsection, the person for
the time being holding that office;
and”;
(b) the substitution in subsection (2) for
paragraph (c) of the following
paragraph:
"(c) not more than eight other members, of
whom not more than—
(i) two must be
appointed on account of their expertise in cross-border road transport of
freight; and
(ii) two
must be appointed on account of their expertise in cross-border road transport
of passengers.";
(c) the substitution for subsection (3) of
the following subsection:
"(3) (a) The members of the Board contemplated
in subsection (2)(c)(i) and (ii) must
be persons who are not employed by the State.
(b) Before the members of the Board contemplated in subsection
(2)(a), (b) or (c) are appointed, the Minister must, through the media, invite
nominations from any person or body with an interest in the cross-border road
transport industry or the labour and consumer sector.
(c) Subject to subsection (2)(c)(i) and (ii), the Board must include members who—
(i) have experience in business;
(ii) have
legal knowledge and corporate governance experience; or
(iii) are
knowledgeable about the cross-border road transport industry, labour and consumer matters, financial management or
economic analysis.”; and
(d)
the substitution for subsection (4) of the
following subsection:
“(4) The Minister may nominate a
representative to participate in a non-voting capacity in the deliberations of
any meeting of the [Board or]
Regulatory Committee.”.
2.
(a) Section 7 of the Cross-Border Road
Transportation Act, 1998 is hereby amended by the substitution of subsection
(3) of the following subsection:
“(3) The members of the Board including the Chairperson and the Deputy Chairperson are eligible for
re-appointment for a further period not exceeding three years”
(b)
Section 7 of the Cross-Border Road Transportation Act, 1998 is hereby amended
by the addition of the following subsection:
“(4) Notwithstanding subsections (1), (2)
and (3), the Minister may extend the term of office of any member of the Board
by such further period as may be necessary to appoint a new member to the Board.”
Substitution of section 14 of Act 4 of 1998
3. The following
section is hereby substituted for section 14 of the Cross-Border Road
Transportation Act, 1998:
"Staff of Agency
14. (1) (a) The Minister must appoint the Chief Executive Officer
after consideration of the
recommendation of the Board.
(b) The Chief Executive
Officer holds office on such terms and conditions including remuneration and
allowances as the Minister, in consultation with the Minister of Finance and on
the recommendation of the Board, may determine in writing.
(c) The Chief Executive Officer holds
office for a period not exceeding five years as specified in the letter of
appointment, and is eligible for reappointment.
(d) The Chief Executive Officer manages the Agency subject to
the control and directions of the Board.
(2) The Chief Executive Officer must,
subject to the approval of the Board, appoint such other staff as may be
necessary to provide the required administrative, secretarial, research and
technical assistance to the Agency and the Board.
(3) The staff of the Agency receives such
remuneration, allowances and other employment benefits as the Board may
determine in consultation with the Minister and the Minister of Finance.".
Insertion of Section 22A in Act 4 of 1998
4. The
following section is hereby inserted after section 22 of Cross-Border Road
Transport Act, 1998:
"Performance
Agreement
22A. (1) The Minister and the Agency must
enter into a written performance agreement relating to—
(a) the State’s requirements in respect
of the Agency’s scope of business, efficiency and financial performance, and
achievement of objectives;
(b) the principles to be followed by the
Agency for the purposes of business planning;
(c) such measures as may be necessary to
protect the financial soundness of the Agency;
(d) the principles to be followed at the
end of a financial year in respect of any surplus in the accounts of the
Agency; and
(e) any other matter relating to the performance
of the Agency’s functions under this Act.
(2) The Minister and the Agency may in
writing amend the performance agreement from time to time.
(3) The Minister must publish the
performance agreement in the Gazette and any amendment thereto must
be so published at least 30 days prior to that amendment coming into operation.
(4) A copy of the performance agreement
must be open to inspection by the public at the head office of the Agency
during business hours.
(5) The Minister and the Agency must,
before the finalisation of the performance agreement or amendment thereof, on
any matter that may affect them, consult with the relevant stakeholders in the
cross-border transport industry.
(6) Failure by the Agency to comply with
any provision of the performance agreement does not affect the validity or
enforceability of any agreement entered into, or any right, obligation or
liability, acquired or incurred by the Agency.”.
5. The
following section is hereby inserted after section 6 of the South African
Maritime Safety Authority Act, 1998:
"Performance
agreement
6A. (1) The Minister and the Authority must
enter into a written performance agreement relating to—
(a) the State’s requirements in respect
of the Authority’s scope of business, efficiency and financial performance, and
achievement of objectives;
(b) the principles to be followed by the
Authority for the purposes of business planning;
(c) such measures as may be necessary to
protect the financial soundness of the Authority;
(d) the principles to be followed at the
end of a financial year in respect of any surplus in the accounts of the
Authority; and
(e) any other matter relating to the
performance of the Authority’s functions under this Act.
(2) The Minister and the Authority may in
writing amend the performance agreement from time to time.
(3) The Minister must publish the
performance agreement in the Gazette
and any amendment thereto must be so published at least 30 days prior to that
amendment coming into operation.
(4) A copy of the performance agreement
must be open to inspection by the public at the head office of the Authority
during business hours.
(5) The Minister and the Authority must,
before the finalisation of the performance agreement or amendment thereof, on
any matter which may affect them, consult with the relevant stakeholders in the
maritime industry.
(6) Failure by the Authority to comply
with any provision of the performance agreement does not affect the validity or
enforceability of any agreement entered into, or any right, obligation or
liability, acquired or incurred by the Authority.”.
Amendment of section 12 of Act 5 of 1998
6. Section 12 of the
South African Maritime Safety Authority Act, 1998, is hereby amended by—
(a) the insertion in subsection (1) after
paragraph (b) of the following
paragraph:
"(bA) if the Minister
specifies an office in the Department for the purposes of this subsection, the
person for the time being holding that office;"; and
(b) the substitution for subsection (4) of
the following subsection:
“(4) The
Minister may appoint a person as a member only if the Minister is satisfied
that the person has suitable expertise in one or more of the following:
(a)
shipping
industry;
(b)
maritime law;
(c)
organise labour
in maritime
(d)
corporate
governance;
(e)
environmental
management.”;
( c) the insertion after
subsection (4) of the following subsection
(4A) The Minister shall within 30 days
from the date of appointment of a member or alternate member of the Board,
causes a notice to be published in a Government Gazette.”
7. The following section is hereby
substituted for section 13 of the South African Maritime Safety Authority,
1998:
"Period of office of members
13. (1) Subject to this Chapter, a member holds office for a period
of [five] three years as from
the date of appointment of such member, and may be re-appointed for a
further period not exceeding three years, in which case the procedure
contemplated in section 12(3) does not apply.
(2) Notwithstanding subsection (1), the
Minister may extend the term of office of any member by such further period as
may be necessary to finalise the appointment of a new Board.”.
Amendment of section 15 of Act 5 of 1998
8. Section 15 of the South African
Maritime Safety Authority Act, 1998, is hereby amended by the substitution for
subsection (1) of the following subsection:
“(1) [Subject
to section 12(2) and (4)] A member may not engage in any paid
employment that will conflict with the proper performance of his or her
functions as a member.".
Amendment of section 22 of Act 5 of 1998
9. Section 22 of the South African
Maritime Safety Authority Act, 1998, is hereby amended by—
(a) the substitution for subsection (1) of
the following subsection:
“(1) (a) The Minister must appoint a Chief Executive Officer after
consideration of the recommendation of the Board.
(b) The Chief Executive Officer holds office on such terms and
conditions including remuneration and allowances as the Minister, in
consultation with the Minister of Finance and on the recommendation of the
Board, may determine in writing.”;
10. Section 24 of the South African Maritime
Safety Authority Act, 1998, is hereby repealed.
Substitution of section 25 of Act 5 of 1998
11. The following section is hereby
substituted for section 25 of the South African Maritime Safety Authority Act,
1998:
"Resignation
25. The Chief Executive Officer may resign
by notice in writing to the Board and the Minister."
Repeal of section 11 of Act 7 of 1998
12. Section 11 of the South African National
Roads Agency Limited and National Roads Act, 1998, is hereby repealed.
Amendment of section 12 of Act 7 of 1998
13. Section 12 of the South African National
Roads Agency Limited and National Roads Act, 1998, is hereby amended by—
(a) the substitution for subsection (2) of
the following subsection:
“(2) The Board consists of—
(a) the Chairperson;
(b) if the Minister specifies an office
in the Department for the purpose of this subsection, the person for the time
being holding that office;
(c) a senior officer of the Department of
Finance nominated by the Minister
of that Department;
(d) the Chief Executive Officer, by
virtue of holding that office; and
(e) four
other persons having special qualifications, skills, expertise or experience in
matters concerning national roads, corporate governance, financial management,
business or operations of the Agency.";
(b) the substitution for subsection (3) of
the following subsection:
“(3) (a) The members of the Board contemplated
in subsection (2)(a) and (e) are appointed by the Minister.
(b) Before the members of the Board contemplated in subsection
2(a) and (e) are appointed, the Minister must, through the media, invite
nominations from any person or body with an interest in national roads.”.
Amendment of section 13 of Act 7 of 1998
14. Section
13 of the South African National Roads Agency Limited and National Roads Act,
1998, is hereby amended by—
(a) the substitution in subsection (1) for
paragraph (a) of the following
paragraph:
"(a) holds office for a period of three
years as from the date of appointment of such member, and may be re-appointed
for a further period not exceeding three years, in which case the procedure
contemplated in section 12(3)(b) does
not apply; and";
(b) the addition of the following
subsection:
"(5) Notwithstanding subsection (1)(a), the Minister may extend the term of
office of any member of the Board by such further period as may be necessary to
finalise the appointment of a new Board.".
Amendment of section 14 of Act 7 of 1998
15. Section 14 of the South African National
Roads Agency Limited and National Roads Act, 1998, is hereby amended by the
substitution in subsection (3) for paragraph (a) of the following paragraph:
“(a) A vacancy in the [office of the appointed member] Board
must be filled [by the Minister] as
soon as possible through the appointment of another member who meets the
requirements stipulated in [section
12(3)] section 12 for the office that has become vacant.".
Amendment of section 19 of Act 7 of 1998
16. Section
19 of the South African National Roads Agency Limited and National Roads Act,
1998, is hereby amended by the substitution for subsection (2) of the following
subsection:
“(2) (a) The Minister must appoint the Chief Executive Officer after
consideration of the recommendation of the Board.
(b) The
Chief Executive Officer holds office for a period not exceeding five years as
specified in the letter of appointment, and is eligible for re-appointment.
(c) The Chief Executive Officer holds office on such terms and
conditions including remuneration and allowances as the Minister, in
consultation with the Minister of Finance and on the recommendation of the
Board, may determine in writing.”.
17. Section
4 of the Transport Appeal Tribunal Act, 1998, is hereby amended by—
(a) the substitution in subsection (2) for
paragraph (b) of the following
paragraph:
“(b) through the media, invite any person
or body that are interested to nominate persons who comply with the criteria
contemplated in paragraph (a) for
appointment as members to the Tribunal.”; and
(b) the deletion of subsection (3).
18. Section
8 of the South African Civil Aviation Authority Act, 1998, is hereby amended
by—
(a) the substitution for subsection (2) of
the following subsection:
“(2)
The Board consists of not more than seven members, of
whom-
(a)
one must be the non-executive chairperson;
(b)
if the Minister specifies an office in the
Department for the purposes of this subsection, the person for the time being
holding that office;"; and
( c) the chief executive
officer by virtue of that office.”.
(d) four other persons
appointed in terms of subsection (2A)
(b) the
insertion after subsection (2) of the following subsection:
“(2A) The
members of the Board contemplated in subsection
(2)(a)
and (d) are appointed by the minister.
“(2B) The Minister may appoint a person as a
member only if the Minister is
satisfied that the person has suitable expertise in one or more of the following:
(a)
civil
aviation;
(b)
corporate
governance;
(c)
environmental
management;
(d)
organised
professionals and labour;
(e)
economic analysis;
(f)
aviation
infrastructure
(c)
By the deletion of subsection (3)
(d) the substitution for subsection (6) of
the following subsection:
“(6)(a) Before
the members of the Board contemplated in subsection (2)(a)and (d)
are appointed, the Minister must, through the media, invite nominations from
any person or body with an interest in the aviation industry or the labour and
consumer sectors.”.
(e) By addition of the following subsection
The Minister shall within 30 days from the
date of appointment of a member or alternate member of the Board, causes a
notice to be published in a Government Gazette.
Amendment of section 9 of Act 40 of 1998
19. Section
9 of the South African Civil Aviation Authority Act, 1998, is hereby amended
by—
(a) the substitution for subsection (1) for
the following subsection:
“(1) An appointed member of the Board—
(a) holds office for a period not
exceeding three years, on the conditions determined by the Minister upon
appointment of such member; and
(b) may be re-appointed for a further
period not exceeding three years, in which case the procedure contemplated in
section 8(6) does not apply.”; and
(b) the addition of the following
subsection:
“(8) Notwithstanding subsection (1), the
Minister may extend the term of office of any appointed member by such further
period as may be necessary to finalise the appointment of a new Board.”.
20. Section 11 of the South African Civil Aviation Authority Act, 1998, is hereby
amended by—
(a) the substitution for subsection (1) of
the following subsection:
“(1) (a) The
Minister must appoint the Chief Executive Officer after consideration of the
recommendation of the Board.
(b) The Chief Executive
Officer holds office for a period not exceeding five years as specified in the
letter of appointment, and is eligible for reappointment.
(c) The Chief Executive
Officer holds office on such terms and conditions including remuneration and
allowances as the Minister, in consultation with the Minister of Finance and on
the recommendation of the Board, may determine in writing.”; and
(b) the deletion of subsection (2).”.
Amendment of section 8 of Act 20 of 1999
21.
Section 8 of the Road Traffic Management Corporation Act, 1999, is hereby
amended by—
(a) the substitution for subsection 2 of the
following subsection
“(2) the appointed members of the
Board must be persons from the public and private sectors with proven expertise
and competency in the field of corporate governance, information technology and road traffic management.
(b) the substitution for subsection 10 of
the following subsection:
“(10) Before the members of the Board are
appointed, the Shareholders Committee must, through the media, invite any
person or body to nominate persons who comply with the criteria contemplated in
subsection (2).";
(c) the substitution for subsection (12) of
the following subsection:
“(12) An appointed member—
(a) holds office for a period not
exceeding three years, on the conditions determined by the Shareholders
Committee on appointment of such member;
and
(b) may be re-appointed for a further
period not exceeding three years, in which case the procedure contemplated in
subsection (10) does not apply.”; and
(d) by the insertion after subsection 12 of
the following subsection:
“(12A) Notwithstanding subsection (12), the
Shareholders Committee may extend the term of office of any member of the Board
for such further period as may be necessary to finalise the appointment of a
new Board.”.
Amendment of section 8 of Act 16 of 2002
22. Section 8 of the National Railway Safety Regulator Act, 2002, is hereby amended
by—
(a) the substitution in subsection (5) for
paragraph (b) of the following
paragraphs:
"(b) The Board consists of—
(i)
the Chief Executive Officer, by virtue of
holding that office;
(ii)
if the Minister specifies an office in the
Department for the purposes of this subsection, the person for the time being
holding that office;
(iii) the Directors-General of the
Departments, Labour and Safety and Security;
and
(iv) subject
to paragraph (a), not more than nine
other persons representing the railway industry, organised labour and the
community.
(c) A
Director-General contemplated in paragraph (b)(iii)
may designate any senior official in his or her department to act in his or her
stead as member of the Board.";
(b) the substitution for of subsection (7)
of the following subsection:
“(7)(a) Before
the members of the Board are appointed, the Minister must, through the media,
invite any person or body that are interested to nominate persons who comply
with the criteria contemplated in subsection (5).”;
(7A) by the addition of the following section
after subsection (7)(a)
(7A)The Minister must within 30 days from the date of appointment of a
member or alternate member of the Board, causes a notice to be published in a
Government Gazette.”
(c) the addition to subsection (13) of the
following paragraph:
“(c) Notwithstanding
paragraph (a), the Minister may
extend the term of office of any member of the Board for such further period as
may be necessary to finalise the appointment of a new Board."; and
(d) the substitution in subsection (14) for
paragraph (a) of the following
paragraph:
"(a) If
a director dies or vacates office, the Minister may [, subject to subsection (7),] appoint another person as a
director.”
23. Section 9 of the National Railway Safety Regulator Act, 2002, is hereby amended
by—
(a) the
substitution for subsection (1) of the following subsection:
“(1) The Minister must appoint the Chief
Executive Officer after consideration of the recommendation of the Board”.
Short title
23. This
Act is called the Transport Agencies General Laws Amendment Act, 2007, and
commences on a day fixed by the President by Proclamation in the Gazette.