Transport Appeal Tribunal A/B & Marine Pollution (Prevention of Pollution from Ships) A/B: final mandates & finalisation; Committee Legacy Report

Meeting report

The Chairperson noted that it was almost 9:00 and suggested that the Members would have to formally start the meeting. He took the opportunity to greet everyone, including the Members, the support team, the guest speakers, and the communication team. The Chairperson mentioned that it was the last meeting of the Committee and acknowledged the notable turnout. He expressed his belief that by the end of the agenda, there would be time for Members to reflect on the work they had done.

The Chairperson outlined the agenda items for the meeting, which were: consideration of the final mandates on the Transport Appeal Tribunal Amendment Bill [B8B-2020] and the Marine Pollution (Prevention of Pollution from Ships) Amendment Bill [B5B-2022], consideration and adoption of the minutes, farewell speeches and consideration of the Select Committee Legacy Report. He inquired if any apologies were to be put on the table before the business commenced.

Apologies

The Committee Secretariat reported that apologies received were from the parliamentary legal advisors for the two bills, Ms Phumelele Ngema and Mr Nathi Mjenxane - Ms Ngema was engaged with another Committee, and Mr Mjenxane was in hospital.

The Chairperson expressed well wishes for a speedy recovery, noting that Mr Mjenxane had sent his apologies.

Mr T Brauteseth (DA, KZN) thanked the Chairperson and mentioned that while it was not an official apology, he needed to inform the Committee that he would be flying to Cape Town at 12:00. If the meeting was not concluded by then, he would have to leave to catch his flight.

Mr M Rayi (ANC, Eastern Cape) thanked the Chairperson and greeted the Members and staff. He mentioned a similar situation, stating that he would also fly to Cape Town that afternoon but could remain on the platform until 13:00.

The Chairperson acknowledged the Members' travel plans and suggested starting with the consideration of the final mandates for the Transport Appeal Tribunal A/Bill. He proposed doing so alphabetically, beginning with the province of the Eastern Cape.

Consideration of Final Mandates on: Transport Appeal Tribunal Amendment Bill [B 8B-2020]

• Eastern Cape Provincial Legislature: Deliberated on 13 May 2024 and voted in favour of the Bill.
• Free State Provincial Legislature: The Chairperson noted that no mandate had been received from the province of the Free State, and correspondence to that effect had been received.
• Gauteng Provincial Legislature: Deliberated on 10 May 2024 and voted in favour of the Bill. The Chairperson read this as Mr M Dangor (ANC, Gauteng) was not in the meeting.
• KwaZulu-Natal Provincial Legislature: Deliberated on 14 May 2024 and voted in favour of the Bill.
• Limpopo Provincial Legislature: Deliberated on 14 May 2024 and voted in favour of the Bill.
• Mpumalanga Provincial Legislature: Deliberated on 14 May 2024 and voted in favour of the Bill.
• Northern Cape Provincial Legislature: Deliberated on 14 May 2024 and voted in favour of the Bill.
• North West Provincial Legislature: Deliberated on 14 May 2024 and voted in favour of the Bill provided no amendments were made.
• Western Cape Provincial Legislature: Deliberated on 13 May 2024 and voted in favour of the Bill.

Eight provinces voted in favour of the Bill, with each provincial legislature deliberating on the matter and expressing support for it during their respective meetings. These provinces include the Eastern Cape, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, and Western Cape. However, the Free State did not provide a mandate as no correspondence was received from the province.

Consideration of Final Mandates on Marine Pollution (Prevention of Pollution from Ships) Amendment Bill [B5B-2022]

• Eastern Cape Provincial Legislature: Deliberated on 13 May 2024 and voted in favour of the Bill.
• Gauteng Provincial Legislature: Deliberated on 09 May 2024 and voted in favour of the Bill. Mr M Dangor (ANC, Gauteng) apologised for being late, stating he was stuck in the “waiting room”.
• KwaZulu-Natal Provincial Legislature: Deliberated on 14 May 2024 and voted in favour of the Bill.
• Limpopo Provincial Legislature: Deliberated on 14 May 2024 and voted in favour of the Bill.
• Mpumalanga Provincial Legislature: Deliberated on 14 May 2024 and voted in favour of the Bill.
• Northern Cape Provincial Legislature: Deliberated on 10 May 2024 and voted in favour of the Bill.
• North West Provincial Legislature: Deliberated on 10 May 2024 and voted in favour of the Bill provided that there are no changes during the NCOP discussions about the final mandates of the Bill.
• Western Cape Provincial Legislature: Deliberated on 13 May 2024 and voted in favour of the Bill.

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)

The Committee Secretariat guided the Committee through the report, stating:

Introduction

The Transport Appeal Tribunal Amendment Bill [B8B-2020] was passed by the National Assembly, transmitted to the National Council of Provinces (NCOP) for concurrence, and referred to the Select Committee on Transport, Public Service and Administration, Public Works and Infrastructure on 7 March 2023. The object of the Bill is to amend the Transport Appeal Tribunal Act of 1998. This includes inserting, deleting, and amending certain definitions to bring the Act in line with developments since its enactment, providing for certain powers of the Transport Appeal Tribunal, allowing the Minister to extend the term of office of the members of the Tribunal, empowering the Transport Appeal Tribunal to take appropriate steps in cases where its rulings are not implemented or effected timeously, empowering it to investigate delays in the completion of its proceedings, and providing for matters connected therewith.

Committee Process

The Committee followed a detailed process in respect of the Bill:

1. The Department of Transport briefed the Select Committee on the background and objectives of the Bill on 18 October 2023.
2. 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 this call.
3. On 17 April 2024, the Select Committee considered and deliberated on the provincial negotiating mandates on the Bill.
4. On 7 May 2024, the Select Committee continued with the deliberation on the negotiating mandates and agreed to the list of amendments to the Bill.

The Select Committee on Transport, Public Service and Administration, Public Works and Infrastructure considered the Transport Appeal Tribunal Amendment Bill [B8B-2020], National Assembly Section 76. The Committee deliberated on the Bill, which was classified by the Joint Tagging Mechanism (JTM) as a Section 76 Bill and reported that it had agreed to amend the Bill.

The Chairperson asked the Committee Secretariat to make an amendment, noting that it had been stated that seven provinces had submitted the final mandates when it was actually eight provinces.

The Committee Secretariat agreed to correct this and suggested moving on to record the outcome of the Select Committee's consideration of the Bill.

The Chairperson instructed that, when correcting the number, it should be noted that eight out of nine provinces had submitted their mandates. He then put the report to the Members and inquired if there were any reflections that Members would like to make on the report.

Discussion

Mr Rayi noted the correction that had just been made and mentioned the purpose of tabling it in the House. For the purpose of the ATC, he suggested that the Committee Secretariat should also include the C-list because, according to Rule 178(2)(b), the report must specify each amendment if an amendment was agreed upon. He mentioned that this issue had arisen last week with the Basic Education Laws Amendment Bill (BELA) because the amendments were not reflected in the ATC. Therefore, for the purposes of the ATC, the C-list should be included.

The Chairperson thanked Mr Rayi and reminded the Committee Secretariat that they had discussed this matter the previous day.

The Committee Secretariat confirmed that he would insert the C-list.

The Chairperson acknowledged the learning experience from the issue raised by Mr Rayi. He then put the amended report to the Committee, asking those in favour of adopting the report to be recommended to the House for adoption to raise their hands.

Voting: Eastern Cape, Limpopo, KwaZulu-Natal, Free State, Northern Cape, Gauteng, and Mpumalanga were in support.

Seven provinces supported the report.

There were no provinces that were against the report.

The Chairperson noted that seven Members of the Committee had voted in favour of adopting the report and recommended that it be tabled in the plenary for passing.

https://pmg.org.za/tabled-committee-report/5851/

Report of the Select Committee on Transport, Public Service and Administration, Public Works and Infrastructure on the Marine Pollution (Prevention of Pollution from Ships) Amendment Bill [B5—2022] (National Assembly – Sec 76)

The Committee Secretariat stated that he would present the report by the Select Committee on the Marine Pollution (Prevention of Pollution from Ships) Amendment Bill [B5-2022].

Introduction

The Marine Pollution (Prevention of Pollution from Ships) Amendment Bill [B5-2022] 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 on 7 March 2023. The object of the Bill is to amend the Marine Pollution (Prevention of Pollution from Ships) Act of 1986 to give effect to Annex IV and Annex VI of the International Convention for the Prevention of Pollution from Ships and to provide for matters connected therewith.

The Committee Secretariat noted that Annex IV regulates the treatment and safe disposal of sewage from ships, and Annex VI is the main global instrument addressing ship energy efficiency management and greenhouse gas emissions.

Committee Process

The Department of Transport briefed the Select Committee on the background and objectives of the Bill on 18 October 2023. On 4 February 2024, an advert was placed in national media calling for written submissions on the Bill, with a deadline of 26 February 2024. Only one submission was received from the Worldwide Fund for Nature. On 27 March 2024, the Department of Transport addressed the Committee on its response to the submission. On 30 April 2024, the Select Committee considered and deliberated on the provincial negotiating mandates on the Bill and agreed to reject the amendment proposed in the negotiating mandates.

During deliberations, the Select Committee was informed by the fact that South Africa is a signatory to the International Convention for the Prevention of Pollution from Ships, and the Bill intends to incorporate Annex IV and Annex VI of the Convention into domestic law. Eight provinces submitted final mandates on the Bill, which were considered on 8 May 2024. The final mandates were submitted as follows, but the Committee Secretariat noted that he would not go through the final mandates in detail.

The Chairperson asked for the date to be corrected as it should have been 15 May 2024, and it was seven provinces not eight.

The Committee Secretariat reported on the outcome of the Select Committee's consideration of the Bill. He stated that the Select Committee on Transport, Public Service and Administration, Public Works and Infrastructure had deliberated on and considered the Marine Pollution (Prevention of Pollution from Ships) Amendment Bill [B5-2022], National Assembly, Section 76. The Bill, classified by the JTM under Section 76, was agreed upon by the Committee. He concluded by noting that the report was ready to be considered and thanked the Members.

Mr Rayi requested that the amendments be made immediately, as the document was in Word format, to prevent any oversights that might lead to embarrassment.

The Chairperson thanked the Members and stated that the report could be put to the Committee for adoption with the corrections made. He asked those in favour of recommending the report to the House for adoption to show their hands.

During the voting, Eastern Cape, Mpumalanga, Gauteng, Free State, Northern Cape, Limpopo, and KwaZulu-Natal moved for the adoption of the report.

The Chairperson noted that there were no objections or abstentions and that the Select Committee unanimously agreed to recommend the report to the House for adoption.

https://pmg.org.za/tabled-committee-report/5850/

Report of the Select Committee on Transport, Public Service and Administration, Public Works and Infrastructure on Its Activities Undertaken During the 6th Parliament (May 2019 – May 2024)

Dr Anneke Clark, Committee Content Advisor, took the Committee through the Legacy Report.

The Legacy Report of the Select Committee on Transport, Public Works and Infrastructure, Public Service and Administration, and Monitoring and Evaluation from May 2019 to May 2024 provides a comprehensive account of the Committee's activities, achievements, challenges, and recommendations. Here are the key points:

Achievements

• Processing and passing of legislation, including ten pieces of legislation and adoption of international agreements.
• Oversight visits to monitor local economic development programs, transport projects, and initiatives.
• Engagement with international bodies and study tours to Germany to explore infrastructure provision and public transport approaches.
• Response to prevailing occurrences like the COVID-19 pandemic and public unrest in 2022.

• Addressing governance deficiencies, ensuring accountability, and advocating for consequence management.
• Emphasising the importance of a capable developmental state, ethical standards, and professionalised public service.
• Collaboration with academic institutions for informed oversight responsibilities, exemplified by a workshop on the Expropriation Bill.

Unachieved Goals and Reasons

• Slow progress in achieving National Development Plan (NDP) outcomes and reviving priority rail corridors.
• Delay in processing legislation due to legal and constitutional concerns, as seen with the National Land Transport Amendment Bill.
• Challenges in oversight due to operational issues like supply chain management processes delaying the consideration of the Expropriation Bill.

Matters Referred to the Seventh Parliament

• Rationalising government departments and entities.
• Addressing slow progress in NDP outcomes and reviving rail corridors.
• Enhancing oversight and support from the Public Service Commission.
• Implementing risk management measures to mitigate operational challenges in future legislative processes.

The Legacy Report serves as a roadmap for the Seventh Parliament, outlining achievements, challenges, and recommendations to guide future oversight and legislative efforts in the areas of transport, public works, infrastructure, public service, and monitoring and evaluation.

(see attached)

Discussion

The Chairperson conveyed gratitude, acknowledging Dr Clark's effort in navigating through 38 pages despite the challenge of flu affecting her voice. He thanked the Members for their engagement with the report and invited reflections.

Mr Rayi reflected on the impact of the flu, suggesting that those born in spring might find this period particularly challenging, including himself and the content advisor. He expressed appreciation for the presentation, noting its exceeding expectations and its guidance on pertinent issues for the incoming Committee of the Seventh Parliament.

Continuing, he discussed the influence of governmental and departmental agendas on parliamentary committees, emphasising the need for committees to also address grassroots issues not necessarily outlined in official plans.

He provided examples such as the condition of rural roads, highlighting the daily challenges constituents face and the necessity for committees to engage with relevant departments, even if it involves multiple levels of government.

Further, Mr Rayi discussed the issue of road maintenance and the persistence of problems such as potholes, citing personal experiences and interactions with relevant authorities.

He stressed the importance of committees proactively addressing issues observed on the ground, even if they are not explicitly included in departmental plans, citing examples of sanitation problems and other local issues.

Moreover, Mr Rayi expressed concerns about the lack of intervention in the taxi industry, including enforcement of laws and regulations, leading to conflicts and disruptions. He emphasised the need for strategies to address taxi-related issues comprehensively.

He elaborated on the issue of driving behaviour, particularly regarding interactions with taxis on the roads. He noted the normalisation of behaviours such as yielding to taxis or risking collisions due to a lack of intervention from the responsible department. Mr Rayi highlighted the severity of the situation in the Eastern Cape, where road blockades by the taxi industry disrupted work and school activities, with minimal intervention from law enforcement.

Continuing, he mentioned instances where learners were unable to attend school due to claims by taxi associations regarding unpaid scholar transport fees. This situation, he emphasised, affected not only those utilising scholar transport but also those relying on private transportation for their children's schooling.

Further, Mr Rayi suggested that committees should address these issues, even if they are not part of a predetermined programme. He stressed the importance of committees taking up grassroots issues beyond departmental plans, particularly concerning public works.

In conclusion, he highlighted the issue of land occupation, expressing concern about the lack of immediate government intervention in addressing illegal land occupation. He emphasised the need for timely intervention to prevent further escalation of such situations. Additionally, he criticised the focus on priority corridors (a few provinces) in rail transport, arguing that it marginalised other provinces in developmental initiatives.

He also proposed that committees not solely rely on departmental plans but also focus on addressing issues affecting people on the ground. Mr Rayi concluded by recommending holding regular management Committee meetings to discuss these matters. He suggested that immediate issues should be attended to, even if they were not part of the scheduled programme. Finally, he expressed gratitude for the report, acknowledging its quality.

The Chairperson expressed gratitude and then sought further input from Members. He mentioned a test report regarding the reconfiguration of communities in the seventh administration, highlighting the allocation of Members across Select Committees based on governance and economic clusters. He noted that this approach differed from the fourth administration and suggested considering the economic infrastructure cluster for better specialisation. He asked for the opinion of the Members particularly on how it assisted the Committee and any recommendations they might have.

Mr Rayi remarked that the inclusion of the Department of Planning, Monitoring and Evaluation (DPME) and the Department of Public Service and Administration (DPSA) in the economic cluster began in the sixth term. He noted that previously, they were not part of the economic cluster but were placed under the committee chaired by Mr C Dodovu (ANC, North West) and Ms S Shaikh (ANC, Limpopo). He speculated that this change might be due to the increasing number of departments, such as water and sanitation, which could potentially result in an excessive workload if the public service and administration departments were also added to the committee.

The Chairperson suggested that perhaps this change occurred due to the increased workload. He proposed that reflections should be made before proceeding to adopt the legacy report.

The Committee Content Advisor added that she would enhance the report with the recommendations and inputs received during the meeting.

The Chairperson expressed gratitude and invited Members to proceed with adopting the report, asking for the mover.

Mr Dangor (ANC, Gauteng) moved for the adoption.
 

Mr Rayi seconded the motion.

The legacy report was adopted.

https://pmg.org.za/tabled-committee-report/5852/

The Chairperson asked if there were any further matters regarding the adoption of the Legacy Report. He then stated that the Committee should adopt the Legacy Report, with the department's involvement to gauge the progress made together. This would help understand the journey taken, assess strengths and challenges, and make recommendations for the seventh administration.

He raised a concern about attendance records, particularly for Alternate Members – which was an issue brought up by Mr Dangor, suggesting that the Alternate Members should not be marked as absent since they are only called upon when permanent Members are unavailable.

Mr Dangor addressed the Chairperson, stating that he had refrained from raising a certain question last week but felt compelled to do so now. He expressed his consistent attendance as a permanent Member in most committee meetings and highlighted discrepancies in the attendance records. However, he acknowledged that addressing this matter at the current juncture, with the need to proceed to the House and adopt the report, would be a setback. Nonetheless, he wanted to note that the current representation of his attendance was completely incorrect.

The Chairperson acknowledged the issue raised by Mr Dangor, stating that it may extend beyond the purview of this Committee as it pertained to alternates, affecting all Committee Members. He indicated that it would likely be investigated further.

Mr Dangor clarified that he had always been a permanent Member, not an alternate, to which the Chairperson expressed agreement and appreciation for the clarification before moving on to the next item.

Ms M Boshoff (DA, Mpumalanga) echoed Mr Dangor's concern, noting that she also faced a similar issue with her name not appearing despite being a permanent Member.

Dr Clark suggested including this issue as a recommendation in their legacy report, emphasising its operational importance, especially for their constituents.

The Chairperson thanked everyone present, including department representatives and Members of Parliament from various provinces, indicating that they were now free to leave as they moved on to discussing the minutes.

Committee minutes

Minutes dated 08 May 2024

Mr Dangor moved for the adoption.

Mr T Brauteseth (DA, KZN) seconded the motion.

The Chairperson announced that the minutes had been officially adopted, confirming the adoption of the minutes from 8 May. He proceeded to invite Members to deliver their final remarks as they concluded the Committee's work.

Final Remarks

Mr Brauteseth expressed his remarks from the airport, awaiting his flight. He anticipated a quiet journey and looked forward to meeting everyone in the House for personal farewells and hugs the following day. He revealed his decision to transition to the provincial legislature after ten years in Parliament, seeking a new challenge in the dynamic realm of provincial politics. Despite acknowledging his departure from parliamentary norms with his candid expression, he expressed gratitude for the invaluable experience gained in the Committee, particularly in parliamentary procedures. He believed this experience would be beneficial in his new role in the province. Mr Brauteseth thanked everyone on the Committee for their collegiality and cooperation, despite occasional disagreements on contentious legislative matters. He concluded by expressing his anticipation for the next five years and the intriguing journey ahead.

Mr Dangor expressed his gratitude to the Chairperson and echoed Mr Brauteseth's sentiments.

Ms Boshoff also agreed with Mr Brauteseth's sentiments, mentioning the uncertainties she faces regarding her future role at the NCOP after the elections. She acknowledged the learning experiences gained despite occasional disagreements within the Committee. Ms Boshoff expressed her hope to continue serving on the Committee and anticipated the next five years with optimism. She mentioned the cordial relationships maintained outside of Committee meetings and thanked the Content Advisor for their well-constructed legacy report.

Ms M Moshodi (ANC, Free State) expressed her gratitude to the Chairperson and all the Members of the Committee for their hard work over the past five years. She likened the Committee to a family, highlighting the understanding and cohesion among its Members. Ms Moshodi also extended her thanks to the support staff of the Committee, acknowledging their often-overlooked contributions. She wished all Members success in their future endeavours and hoped for continued collaboration among those returning to the Committee. Additionally, she thanked the Chairperson for his leadership and guidance, especially as it was her first time working under his leadership with the Department of Transport. She concluded by blessing all Members of the Committee and expressing gratitude for the opportunity to serve together.

Mr Rayi expressed his gratitude for the opportunity to speak and thanked the Chairperson for facilitating the Committee meetings, allowing Members to express their views. He also thanked fellow Members for their contributions, likening Parliament to a school where one learns new things daily.

Mr Rayi congratulated those who were successful and extended well wishes to Mr Brauteseth in his new role in the provincial legislature. He also thanked the Committee staff for their assistance with analysis and research, making engagements easier. Mr Rayi acknowledged the uncertainty about returning to Parliament but expressed continued interest in its proceedings, mentioning his reliance on various resources like TV channels and online platforms to stay informed.

He concluded by thanking the Parliamentary Monitoring Group for their valuable information and expressed his intention to be present in Parliament the following day for personal interactions with fellow Members.

The Chairperson expressed gratitude to the Committee Members for their support and confidence during their tenure. Reflecting on the past five years, they acknowledged the demanding nature of the role but praised the dedication, commitment, and cordial work relations of the Members, which made the work easier. The Chairperson emphasised the importance of Members' areas of expertise shaping the direction and content of their work. They credited the solid foundation laid by the Committee's dedication, reliability, and maturity, which was reflected in the legacy report. The Chairperson thanked the support team for their unwavering assistance, ensuring the Committee's preparedness for various tasks. Looking ahead to the next administration, they expressed confidence in the Members' ability to uphold high standards of discipline, commitment, and dedication. The Chairperson concluded by adjourning the meeting and expressing appreciation to all involved.

Meeting adjourned.