South African Roads Board Amendment Act 15 of 1995
VoL. 361
No. 990.
REPUBLIC OF SOUTH AFRICA
GOVERNMENT GAZETTE
STAATSKOERANT
VAN. DIE REPUBLIEK VAN SUID-AFRIKA
Registered at the Post Office as a Newspaper As 'n Nuusblad by die Poskantoor Geregistreer
CAPETOWN, SJULY 1995
KAAPSTAD, 5JULiE·1995 No. 16523
OFFICE OF THE PRESIDENT KANTOOR VAN DIE PRESIDENT
5 July 1995 No. 990. 5 Julie 1995
It is hereby notified that the President has assented to the .. .•. Hi~rby .word bekend ~emaak dat die President sy goed- following Act which is hereby published for general infor· keuring geheg bet aan d1e onderstaande Wet wat hierby ter mation:- algemene inligting gepubliseer wo~d:-
No. 15 of 1995: South African Roads Board Amendment No. 15 van 1995: Wysigingswet op die Suid-Afrikaanse Pad- . Act, 1995. · · · raad, 1995.
Please note that most Acts are published in English and another South African official language. Currently we only have capacity to publish the English versions. This means that this document will only contain even numbered pages as the other language is printed on uneven numbered pages.
2 No. 16523 GOVERNMENT GAZETTE, 5 JULY 1995
Act No; 15, 1995 SOUTII AFRICAN ROADS BOARD AMENDMENT ACI\}99S
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,
ACT To amend the South African Roads Board Act, 1988, so as to increase the number of members of the South African Roads Board; and to abolish the Toll Roads Committee; and to provide for matters connected therewith.
(Afrikaans text signed by the President.) (Assented to 28 June 1995.)
Amendment of section 1 of Act 74 of 1988
, . . 1~ Section ~ o( the S~uth African Roads Board Act, 1988 (hereinafter referred to asthe principal Act), is hereby amended- . . ' · .. .. .
(a) by the substitution for the definition of "committee" of the following definition: 5
" 'committee' means a committee established under section 9 [and includes the Toll Roads Committee];";
(b) by the substitution for the definition of "employee" of the following definition:
" 'employ~e· means an employee as defined in section 1(1) of the 10 Public ServiceAct, [1984 (Act No •. lll of 1984)] 1994;"; •·
(c) by the substitution for the definition of "officer" of the following definition: · · · ' · ·
" 'officer' m.eans an officer as defined in section 1(1) of the Public Service Act, [1984] 1994;"; and . . 15
(d) by the deletion of the definition of "Toll Roads Committee".
Ainendinent of section 3 of Act 74 of 1988 . . ..
2. Section 3 of the principal Act is hereby amended- ( a) by the substitution in subsection (1) for the words preceding paragraph
(a) of the following words: : . 20 · -· ".The Board 'shall consist of [eight] 12 members; ·appointed by the
Minister, of. whom-:-:-"; · · · · · · (b). by the substitution for paragraph (c) of subsection (1) of the following
paragraph: .·· · "(c). (one] two shall be (a ·person] persons 'nominated by the 25
[Administrators of the four provinces] Premiers of the provinces and who, in the opinion 'of the said [Administra-- tors has] Premiers have adequate knowledge of the plan- ning, construction and maintenance of toads;";
4 No. 16523 GOVERNMENT GAZETIE, 5 JULY 1995
Act No. 15, 1995 SOUTII AFRICAN ROADS BOARD AMENDMENT ACf, 1995
(c) by the deletion in subsection (1) at the end of paragraph (d) oftheword "and";
(d) by the insertion after paragraph (d) of subsection (1) of the following paragraph: "(dA) one shall be a person associated with an academic or research 5
institution and who has expert knowledge of the planning, construction and maintenance of roads; and";
(e) by the substitution for paragraph (e) of subsection (1) of the following paragraph:
" (e) [three] five shall be persons (one from each of the categories 10 [of persons nominated in terms of] referred to in subpara- graphs (i), (ii), [and] (iii), (iv) ·and (v) [respectively] of subsection (2)(b)) nominated in terms of subsection (2)(b), who are not in the service of the State and who shall be persons who have wide experience of, and have shown 15 ability in relation to, matters connected with the planning, construction and maintenance of roads or with transport, commerce, finance, mining or agriculture.";
(f) by the substitution for paragraph (a) of subsection (2) of the following paragraph: 20
"(a) make the appoiritment,contemplated in subsection (l)(d), the Minister shall by notice in writing invite as many nominations as he may deem necessary from bodies which the Minister, after consultation with the Minister [of Constitutional · Development and Planning] for Provincial 25 Affairs and· Constitutional Development, deems to be representative of local authorities;";
(g) by the substitution in subsection (2) for subparagraph (ii) of paragraph (b) of the following subparagraph:
"(ii) [road users] motorists;"; and 30 (h) by the addition in paragraph (b) of subsection (2) of the following
subparagraphs: "(iv) persons involved in the freight transport industry;.
(v) ·persons involved in the transport of passengers, including the passengers themselves.". 35
Repeal of sections 6, 7 and 8 of Act 74 of 1988, as amended, in the case of section 8, by section 2 of Act 27 of 1994
3. Sections 6, 7 and 8 of the principal Act are hereby repealed.
Amendment of section 9 of Act 74 of 1988
4. Section 9 of the principal Act is hereby amended by the substitution for 40 subsection (3) of the following subsection:
"(3) The Board may delegate or assign, subject to such conditions as it may deem fit, to any committee established under subsection (1) [or to the Toll Roads Committee], any of its powers, functions or duties, but shall not be divested of any power, function or duty so delegated or assigned and may 45 amend or withdraw any decision made by such committee in the exercise of a power or the performance of a function or duty so delegated or assigned.".
Amendment of section 13 of Act 74 of 1988
5. Section 13 of the principal Act is hereby amended- ( a) by the substitution in subsection (3) for the words preceding paragraph 50
(a) of the following words: . "The quorum for a meeting of the Board shall be [five] seven of the members thereof£ Provided at least-"; --
(b) by the substitution for paragraph (b) of subsection {3) of the following paragraph: 55
6 No. 16523
Ad No: 15, 1995
GOVERNMENT GAZETIE, 5 JULY 1995
SOUTH AFRICAN ROADS BOARD AMENDMENT ACf, 1995
"(b) [two] three of the members . appointed in terms of the provisions of section 3(1)(e),";
(c) by the deletion of subsection (4); and (d) by the substitution for subsection (5) of the following subsection:
Short title
"(5) The quorum for a meeting of a committee [other than the 5 Toll RoadsCommittee] shall be .the majority of its members.".
6, This Act shall be called the South African Roads Board Amendment Act, 1995.