Cross-Border Road Transport Agency

Presentation to the

Select Committee on Public Service

23 November 201o

Old Assembly Wing, Parliament

Cape Town

Table of Contents

1. Legislative Mandate.

2. RSA/Lesotho Cross-Border Passenger Operations.

3. Interface between C-BRT Act and NLTA.

4. 2009/2010 Permit Statistics.

C-BRTA Legislative Mandate

Introduction

The C-BRTA was established by the Cross-

border Road Transport Act 4 0f 1998 to

provide for co-operative and co-ordinated

provision of advice, regulation, facilitation

and law enforcement in respect of cross-

border road transport by the public and

private sectors.

Core Functional Areas

This role is carried out through the following functions:

●Regulatory - responsible for the issuing and facilitation of all cross border permits.

●Law Enforcement - monitors the carriers through country-wide inspections and ensures that carriers operate within the prescribed legal parameters.

●Advisory - advises the Minister of Transport and the DoT on regional road transport imperatives and challenges. This function also monitors and counteracts any restrictive measures that may be implemented by other states in the SADC region.

●Facilitation - ensures that consultations and partnerships with other key role players within South Africa and SADC are fostered and maintained.

The Regulatory FrameworkDOMESTIC LEGISLATION

Cross-Border Transport Act, 4 of 1998 , as amendedNational Land Transport Act, 5 of 2009

National Road Traffic Act, 93 of 1996, as amendedTourism Act, 72 of 1993

Transport Deregulation Act, 80 of 1988

Facilitation of cross border transport through:

1.A strategic private-public sector relationship2.A strategic alliance between transport authorities3.Capacity building of private and public sector

Multilateral Agreements Bilateral Agreements

•SADC Protocol on Transport, Communications & Meteorology•SACU Memorandum of Understanding on Road Transport (MoU)

Bilateral Agreements concluded between SA and;Malawi,Zambia,ZimbabweMozambique

Cross-Border Road Transport Agreements

● SADC Protocol on Transport Communications and Meteorology;

● SACU MOU: SA, Botswana, Lesotho, Namibia and Swaziland;

● Trans-Kalahari MOU: SA, Botswana & Namibia; and

● Bilateral Agreements -

Malawi,

Mozambique,

Zimbabwe, and

Zambia.

Status of Agreements

● Chapter 14 of the Constitution regulates the validity and

implementation of international agreements;

● International agreements becomes law when enacted into law by

national legislation;

● These agreements are attached to the Transport Deregulation Act,

1988, and remain in force under the C-BRT Act;

● Cross-border road transport is regulated differently as a result of

these agreements.

Strategic Triangle

● In developing a strategy for a public sector organisation, three critical elements must be brought into coherent alignment by meeting three broad tests:

● Firstly, the strategy must be substantively valuable in the sense that the organisation produces things of value to overseers, clients, and beneficiaries at low cost in terms of money and authority.

● Second, it must be legitimate and politically sustainable. That is, the enterprise must be able to continually attract both authority and funding from the political authorising environment to which it is ultimately accountable.

● Third, it must be operationally and administratively feasible in that the authorised, valuable activities can actually be accomplished by the existing organisation with help from others who can be induced to contribute to the organisation’s goal.

● These tests are powerful because they identify the necessary conditions for the production of value in the public sector.

Service Delivery Value Chain

C-BRTA Value Chain

C-BRTA Strategic Importance

● The C-BRTA has a strategic role in driving the agenda of harmonising road

transport operations in the SADC region.

● Pivotal role in championing regional integration as contemplated in

Agency’s founding address and its legislative mandate.

● Strategic resource of the Minister of Transport in addressing and resolving

road transport issues within SADC.

● Promotion of regional trade and socio-economic integration and

development.

● Promotion of regulated competition i.r.o. cross-border passenger transport.

● Improvement of safety, security, reliability, quality and efficiency in cross-

border road transport.

RSA/Lesotho Cross-Border

Passenger Operations

Challenges

● Compromised diplomatic and trade relations between RSA and Lesotho;

● Non-compliance to provisions of SACU MoU on Road Transportation;

● Operators failure to convert old order permits and operating licenses that purport to authorize cross-border transport to cross-border permits within the legislated timeframe (before 28 February 2009);

● Impeded flow of passenger traffic: cross-border operations terminating at the ports of entry of the respective jurisdictions and passengers walking through the border posts;

● Existence of illegal taxi ranking facilities located at various ports of entry as a direct outflow of the impeded flow of passenger traffic; and

● Congestion which leads to compromised border control operations and security integrity.

Initial Normalisation Interventions

● Amendment of the Cross-Border Road Transport Act.

● Amendment of National Land Transport Transition Act and

alignment of National Land Transport Act.

● Upliftment of moratorium against the issuance of cross-border

passenger permits.

● Various stakeholder engagements.

● Ministerial intervention.

● SACU intervention sought by Lesotho.

Current Normalisation Interventions ● Presidential commitment during recent Presidential State Visit to Lesotho;

● Ministers of Transport decision to normalise passenger operations by

implementing road transport legislation and agreements;

● Ministerial directive to normalise cross-border passenger transport

operations;

● Visit by General Cele to inspect security situation at various borders;

● Formation of a task team consisting of senior road transport officials, i.e.

NDoT; C-BRTA, SARS, FreeTrans, Registrar’s of Public Transport, BCOCC,

Ministry of Transport: Lesotho, etc.;

● Inspection in loco at Van Rooyen’s Gate and Maseru Bridge;

● Removal of illegal ranking facilities at Van Rooyen’s Gate border.

Task Team Draft Recommendations

● Minister of Transport to engage Free State MEC at MINMEC level;

● NDoT to engage at Free State HoD at COTO level;

● Free State Department of Public works to identify suitable land for

relocation of illegal ranking facilities;

● Free State Government and local municipalities to cease the

erection of ranking facilities in close proximity of border posts;

● On-going engagement with all affected parties to ensure

normalised passenger operations;

● Increased law enforcement around the RSA/Lesotho borders.

Interface:

Cross-Border Road Transport

Act

&

National Land Transport Act

Cross-Border Road Transport (1)

● “cross-border road transport means the transport of passengers

and their personal effects or freight for reward or in the

course of an industry, trade or business, to or from the

Republic, crossing or intending to cross its borders into the

territory of another state or in transit across the Republic or the

territory of another state with a vehicle on a public road”

● “reward means any reward or compensation whether

monetary or otherwise received in terms of a contract

concluded for the hiring of a vehicle and a driver or the

hiring of a vehicle and the separate hiring of a driver’’

Cross-Border Road Transport (2)

● All permits and operating licences issued by the National

Transport Commission, local road transportation boards and

operating licensing boards in terms of the Road Transportation

Act, the National Land Transport Transition Act, or provincial

legislation contemplated in the definition of ‘replacing provincial

law’ in section 1 of the NLTA, which authorise or purport to

authorise cross-border road transport and with a validity

period exceeding 12 months, lapse within six months after

the entry into force of section 25 of the Cross-Border Road

Transport Amendment Act, 2008: Provided that the holder of such a

permit or operating licence may apply to the Regulatory Committee

for the granting of a permit in terms of this Act.’’

Section 75 of NLTA (1)

● S75(1): “Where on trips involving cross-border road transport an

operator both picks up and drops off passengers within the

Republic, either on the outward or return journey, that operator

must be in possession of the necessary operating licence as

required by this Act for the vehicle, in addition to any permit

required by the Cross-Border Act”;

● S75 (2): “No one may drop off passengers at or near an

international border, where it is clear that such passengers

intend to cross the border into another state, and no one may pick

up passengers at or near such a border where it is clear that

those passengers come from another state having crossed such

border into the Republic, unless that person is the holder of the

necessary permit required by the Cross-Border Act”

Section 75 of NLTA (2)

● S75(3): “In any prosecution in terms of this Act, where an

operator has picked up or dropped off passengers within two

kilometres of any international border post, that operator will

be presumed to be undertaking cross-border road transport,

unless the operator proves the contrary in the prescribed manner”;

● S75 (4): “Where the regulatory committee defined in section 1 of

the Cross-Border Act is considering an application for a permit

where ranks or terminals in the Republic will be used, that

committee must allow relevant planning authorities the

opportunity, in the prescribed manner, to comment on the use of

those facilities.”

Regulatory Interface

● Public transport facilities concurrent competency of provincial and

local government – Schedule 4 of Constitution;

● Drop-off or pick-up of passengers within 2km radius from port of

entry deemed cross-border operation – S75 of NLTA;

● Cross-border transport: transportation of passengers or goods

crossing or intending to cross the border into territory of another

state;

● Bilateral and multilateral agreements defines cross-border road

transport as cross-border road transport for reward having point A

in country of departure and point B in country of destination;

2009/2010

Permit Statistics

Permit Types IssuedPermit Types Issued

25

Taxi Permits Issued – per CountryTaxi Permits Issued – per Country

26

Bus Permits Issued – per CountryBus Permits Issued – per Country

27

Freight Permits Issued – per CountryFreight Permits Issued – per Country

28

Thank you

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