Transport Agencies General Laws Amendment Act [No 42 of 2007]


Government Gazette
REPUBLIC OF SOUTH AFRICA

Vol. 514 Cape Town 17 April 2008 No. 30992
THE PRESIDENCY No. 438 17 April 2007
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
No. 42 of 2007: Transport Agencies General Laws Amendment Act, 2007.

ACT To amend—
• the Cross-Border Road Transport Act, 1998, so as to provide anew for the appointment of members of the Board and a Chief Executive Officer by the Minister; and to provide for the conclusion of a performance agreement between the Minister and the Agency;
• the South African Maritime Safety Authority Act, 1998, so as to provide for the conclusion of a performance agreement between the Minister and the Authority; to provide anew for the appointment of members of the Board and the Chief Executive Officer by the Minister; to provide for representa- tion of the Department of Transport on the Board; to facilitate the filling of casual vacancies on the Board; and to allow the Minister to temporarily extend the term of office of a member on an outgoing Board, if necessary;
• The South African National Roads Agency Limited and National Roads Act, 1998, so as to provide anew for the appointment of the Chief Executive Officer by the Minister;
• the Transport Appeal Tribunal Act, 1998, so as to provide anew for the appointment of members to the Tribunal by the Minister;
• the South African Civil Aviation Authority Act, 1998, so as to provide for representation by the Department of Transport on the Board and for the appointment of the Chief Executive Officer by the Minister; and to facilitate the filling of casual vacancies on the Board;
• the Road Traffic Management Corporation Act, 1999, so as to provide anew for the appointment of members of the Board by the Shareholders Committee;
• the National Railway Safety Regulator Act, 2002, so as to provide anew for the appointment of members of the Board by the Minister and to allow the Minister to temporarily extend the term of office of a member on an outgoing Board, if necessary;
and to provide for matters connected therewith.
Act No. 42. 2007 TRANSPORT AGENCIES GENERAL LAWS AMENDMENT ACT. 2007
BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:— Amendment of section 5 of Act 4 of 1998
1. Section 5 of the Cross-Border Road Transport 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 not be persons who are employed by the State. (b) The members of the Board contemplated in subsection (2)(bA) and
(bB) do not have voting rights. (c) 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 members of the public of persons with an interest in and knowledge of the cross-border road transport industry or the labour and consumer sector.
(d) Subject to subsection (2)(c)(i) and (ii), the Board must include members who—
(a) have legal knowledge and the relevant expertise in corporate governance, including financial management; or
(b) are knowledgeable about the cross-border road transport industry, including labour and consumer matters."; 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.".
Amendment of section 7 of Act 4 of 1998
2. Section 7 of the Cross-Border Road Transport Act, 1998, is hereby amended by— (a) the substitution for 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."; and
(b) 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 it may take to appoint a new member to the Board.".
Substitution of section 10 of Act 4 of 1998
3. The following section is hereby substituted for section 10 of the Cross-Border Road Transport Act, 1998:
"Notice of appointment
10. The Minister must, with 30 days from the date of appointment of a member or alternate member of the Board, notify Parliament of such appointment and publish a notice in the Gazette.".
Act No. 42, 2007 TRANSPORT AGENCIES GENERAL LAWS AMENDMENT ACT. 2007
Substitution of section 14 of Act 4 of 1998
4. The following section is hereby substituted for section 14 of the Cross-Border Road Transport Act, 1998:
"Staff of Agency
14. (1) (a) The Minister must, after consideration of the recommendation of the Board, appoint a Chief Executive Officer.
(b) The Chief Executive Officer holds office on such terms and conditions including those relating to remuneration and allowances as the Minister, after considering the recommendations of the Board and in consultation with the Minister of Finance, may determine in writing.
(c) The Chief Executive Officer holds office for a period not exceeding live 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
5. 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.".
Act No. 42. 2007 TRANSPORT AGENCIES GENERAL LAWS AMENDMENT ACT, 2007
Insertion of section 6A in Act 5 of 1998
6. 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.".
Amendment of section 12 of Act 5 of 1998
7. 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;";
(b) the insertion after subsection (1) of the following subsection: "(1A) The members contemplated in subsection (1)(bA) and (c) do
not have voting rights."; (c) 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) organized labour in maritime; (d) corporate governance; (e) environmental management."; and
(d) the insertion after subsection (4) of the following subsection: "(4A) The Minister must, within 30 days from the date of appointment
of a member or alternate member of the Board, notify Parliament of such appointment and publish a notice in the Gazette.".
Act No. 42, 2007 TRANSPORT AGENCIES GENERAL LAWS AMENDMENT ACT. 2007
Substitution of section 13 of Act 5 of 1998
8. 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 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 it may take to finalise the appointment of a new Board.".
Amendment of section 15 of Act 5 of 1998
9. 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] 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
10. Section 22 of the South African Maritime Safely Authority Act, 1998, is hereby amended by—
(a) the substitution for subsection (1) of the following subsection: "(1) (a) The Minister must, after consideration of the recommendation
of the Board, appoint a Chief Executive Officer. (b) The Chief Executive Officer holds office on such terms and
conditions including those relating to remuneration and allowances as the Minister, after considering the recommendations of the Board and in consultation with the Minister of Finance, may determine in writing."; and
(b) the deletion of subsections (5) and (6).
Repeal of section 24 of Act 5 of 1998
11. Section 24 of the South African Maritime Safety Authority Act, 1998, is hereby repealed.
Substitution of section 25 of Act 5 of 1998
12. 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
13. Section 11 of The South African National Roads Agency Limited and National Roads Act, 1998, is hereby repealed.
Act No. 42, 2007 TRANSPORT AGENCIES GENERAL LAW'S AMENDMENT ACT, 2007
Amendment of section 12 of Act 7 of 1998
14. 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, exper- tise or experience in matters concerning national roads, corporate governance, financial management, business or operations of the Agency.";
(b) the insertion after subsection (2) of the following subsection: "(2A) The members of the Board contemplated in subsection {2)(b),
(c) and (d) do not have voting rights."; and (c) 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 members of the public of persons with an interest in and knowledge of national roads.
(c) The Minister must, within 30 days from the date of appointment of a member or alternate member of the Board, notify Parliament of such appointment and publish a notice in the Gazette".
Amendment of section 13 of Act 7 of 1998
15. 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"; 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 it may take to finalise the appointment of a new Board.".
Amendment of section 14 of Act 7 of 1998
16. 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 an 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)] V2 for the office that has become vacant.".
Act No. 42. 2007 TRANSPORT AGENCIES GENERAL LAWS AMENDMENT ACT. 2007
Amendment of section 19 of Act 7 of 1998
17. 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, after consideration of the recommendation of the Board, appoint a Chief Executive Officer.
(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 those relating to remuneration and allowances as the Minister, after considering the recommendations of the Board and in consultation with the Minister of Finance, may determine in writing."'.
Amendment of section 4 of Act 39 of 1998
18. 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 members of the public 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).
Amendment of section 8 of Act 40 of 1998
19. 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; (h) one must be, if the Minister specifies an office in the Department for
the purposes of this subsection, the person for the time being holding that office;
(c) one must be the Chief Executive Officer, by virtue of holding that office; and
(d) at least four must be persons appointed in terms of subsection (2A).";
(b) the insertion after subsection (2) of the following subsections: "(2A) The members contemplated in subsection (2)(a) and (d) are
appointed by the Minister. (2B) The members contemplated in subsection (2)(b) and (c) do not
have voting rights. (2C) The Minister must appoint a person as a member of the Board
only if the Minister is satisfied that the person has suitable expertise in respect of 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) the substitution for subsection (6) of the following subsection: "(6) Before the members of the Board contemplated in subsection
(2)(a)(i), (ii) and (iii) are appointed, the Minister must, through the media, invite nominations from members of the public of persons with an interest in and knowledge of the aviation industry or the labour and consumer sectors."; and
(d) the addition of the following subsection: "(7) The Minister must, within 30 days from the date of appointment
of the member or alternate member of the Board, notify Parliament of such appointment and publish a notice in the Gazette.".
Act No. 42, 2007 TRANSPORT AGENCIES GENERAL LAWS AMENDMENT ACT. 2007
Amendment of section 9 of Act 40 of 1998
20. Section 9 of (he 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 it may take to finalise the appointment of a new Board.".
Amendment of section 11 of Act 40 of 1998
21. 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, after consideration of the recommendation
of the Board, appoint a Chief Executive Officer. (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 those relating to remuneration and allowances as the Minister, after considering the recommendations of the Board and in consultation with the Minister of Finance, may determine in writing."; and
(b) the deletion of subsection (2).".
Amendment of section 8 of Act 20 of 1999
22. Section 8 of the Road Traffic Management Corporation Act, 1999, is hereby amended by—
(a) the substitution for subsection (1) of the following subsection: "(1) The Shareholders Committee may subject to subsection (2)
establish a board of the Corporation consisting of— (a) the Chief Executive Officer; (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; and
(c) not more than eight persons appointed by that Committee."; (b) the insertion after subsection (1) of the following subsection:
"(1A) The members contemplated in subsection (1)(a) and (b) do not have voting rights.";
(c) 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.";
(d) 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 members of the public to nominate persons who comply with the criteria contemplated in subsection (2).";
(e) 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
Act No. 42, 2007 TRANSPORT AGENCIES GENERAL LAWS AMENDMENT ACT. 2007
(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
(f) by the insertion after subsection 12 of the following subsection: "(12A) Notwithstanding subsection (12), the Shareholders Commit-
tee may extend the term of office of any member of the Board for such further period as it may take to finalise the appointment of a new Board.",
Amendment of section 8 of Act 16 of 2002
23. Section 8 of the National Railway Safety Regulator Act, 2002, is hereby amended b y -
fa) the substitution in subsection (5) for paragraph (b) of the following paragraph: "(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) a person delegated by the Minister of Labour and a person delegated by the Minister of Safety and Security; and
(iv) subject to paragraph (a), not more than nine other persons representing the railway industry, organised labour and the community.";
(b) the addition in subsection (5) after paragraph (b) of the following paragraph: "(c) The members contemplated in subsection (5)(b)(i), (ii) and (iii)
do not have voting rights."; (c) the substitution for subsection (7) of the following subsection:
"(7) Before the members of the Board are appointed, the Minister must, through the media, invite members of the public to nominate persons who comply with the criteria contemplated in subsection (5).";
(d) the insertion after subsection (7) of the following subsection: "(7A) The Minister must, within 30 days from the date of appointment
of the member or alternate member of the Board, notify Parliament such appointment and publish a notice in the Gazette.";
(e) 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 it may take to finalise the appointment of a new Board,"; and
(f) 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.".
Amendment of section 9 of Act 16 of 2002
24. Section 9 of the National Railway Safety Regulator Act, 2002, is hereby amended by the substitution for subsection (1) of the following subsection:
"(1) The Minister must, after consideration of the recommendation of the Board, appoint a Chief Executive Officer.".
Short title and commencement
25. This Act is called the Transport Agencies General Laws Amendment Act, 2007, and comes into operation on a date fixed by the President by proclamation in the Gazette.