PRESENTATION TO THE SELECT
COMMITTEE ON PUBLIC
SERVICES
TRANSPORT LAWS REPEAL
BILL, 2010
12 OCTOBER 2010
1
BACKGROUND




The South African Law Commission (SALC) was mandated
with the task of revising the South African Statute book with a
view to identify and recommend for the repeal or
amendment of legislations or provisions that are inconsistent
with the equality clause in the Constitution or legislations
that are redundant and obsolete.
SALC in collaboration with the Department conducted a
research and established that there are 2800 Acts in the
statutes book and 218 were identified as Acts administered
by the Department of Transport.
The outcome of the research was that, there are statutes
administered by the Department of Transport that need to be
repealed wholly and others to be repealed partially.
Legislation identified for repeal are selected on the basis that
they are no longer of practical utility, no longer have any legal
effect, are spent, unnecessary and obsolete.
2
BACKGROUND (Cont …)

In the context of this investigation, the Statutory
Law Revision also targets statutory provisions
that are at odds
with the Constitution.

There are 51 Acts which we request the select
committee to approve their total repeal and
14 Acts which we request the
Select
committee to repeal certain provisions of such
Act. The reasons for the repeal of this Acts are
as follows:
3
Railway Construction Acts

Statutes Recommended for repeal under
are the following:
this
heading
Railway Construction Act, 1945(Act No. 17 of 1945)
Railway Construction Act, 1957(Act No. 49 of 1957)
Railway Construction Act, 1960(Act No. 21 of 1960)
Railway Construction Act, 1968(Act No. 38 of 1968)
Railway Construction Act, 1971(Act No. 82 of 1971)
Second Railway Construction Act, 1971(Act No. 83 of 1971)
Railway Construction Act, 1973(Act No. 71 of 1973)
Railway Construction Act, 1980(Act No. 65 of 1980)
4
Railway Construction Acts
(Cont…)
Railway Construction Act, 1981(Act No. 30 of 1981)
Second Railway Construction Act, 1980(Act No. 61 of 1981)
Railway Construction Act, 1982(Act No. 7 of 1982)
Second Railway Construction Act, 1982(Act No. 75 of 1982)
Railway Construction Act, 1985(Act No. 75 of 1985)
 Second Railway Construction Act, 1985(Act No. 94 of 1985)
Railway Construction Act, 1972 (Act No. 77 of 72).
Sishen-Saldanha Bay Railway Construction Act, 1973 (Act No. 23
of 1973)
5
Railway Construction Acts
(Cont…)


The above statutes makes provision for the
construction of Railway lines/s. Each of these
Statutes specified either in their long titles or
Schedules the place/s where such construction
should take place, the cost, the length of such
railway lines.
These statues were enacted for specific purpose,
and are therefore spent obsolete and are
recommended for repeal.
6
Railway Expropriation Act,
1955(Act No. 37 of 1955)

This Act had 19 Sections and 17 of the sections were repealed by
various legislations such as The Railways & Harbours
&
Management Consolidation Act No. 70 of 1957, the
Expropriation Act No. 63 of 1975 and the Railway and
Harbour Amendment Act 46 of 1975 and the General
Laws Amendment Act No. 49 of 1996.
7
Railway Expropriation Act,
1955(Act No. 37 of 1955)(Cont...)

The only substantive provision remaining in addition to the
short title and date of commencement is section 15 which
was amended by section 10 of the Railway and Harbour
Acts Amendment Act No. 6 of 1965 and then substituted
by section 4 of the Railways and Harbours Act Amendment Act
46 of 1975. Section 4 of the latter Act was then repealed by
the Repeal of Laws Act No. 94 of 1981.
8
Railway Expropriation Act,
1955(Act No. 37 of 1955)(Cont…)

The application of section 15 depended on the existence of
section 2 of the principal Act and this subsection no longer exist,
thus section 15 serves no purpose, then the entire Act should be
repealed.
9
National Roads and Transport Act (Coordination) Amendment Acts

Legislation recommended for repeal as a
heading are the following;
whole
under
this
National Roads and Transport Act (Co-ordination) Amendment
Acts(Act 51 of 1957)
National Road and Transport (Co-ordination Amendment Act 1962,
Transport (co-ordination)Amendment Act 59 of 1971
10
National Roads and Transport Act
(Co-ordination) Amendment Acts
(Cont...)
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
These legislations were enacted to amend the National
Roads Act of 1935 and the Transport Co-ordination Act of
1948. Section 1 to 6 of the 1957 Act was repealed by
section 29(1) of Act 54 of 1971. The remaining section 7
amended section 6 of Transport (Co-ordination) Act 44 of
1948.
These legislations were repealed by the Transport
Deregulation Act of 1988 and the Cross-Border
Road
Transport Act of 1998.
11
National Roads and Transport Act
(Co-ordination) Amendment Acts
(Cont…)

The purpose of the Transport (Co-ordination ) Amendment Act
1971, Act No. 59 of 1971 was to amend the provisions of the
Transport (Co- ordination) Act of 1948 (Act 44 of 1948) and
the said 1948 Act was repealed
by section 2(1) of the
Transport De regulation Act 80 of 1988. Subsection 2 to 8 made
provision for continued existence of the Transport Commission.
Section 58 of the Cross Border Road Transport Act No. 4 of 1998
amended the remaining provisions of the Transport (Coordination)Act 1948. In the light of this revocations this act is
recommended for repeal.
12
Merchant Shipping (certificates
of competency)Amendment Act,
1957 (Act No.49 of 1957)


The above Act amended sections 8, 16, 18 and 19 of the Merchant Shipping
Certificate of Competence Act, 1925 (Act 45 of 1925) (“the principal Act).
Merchant Shipping Act 57 of 1951 was amended by Merchant Shipping
Amendment Act 30 of 1959 as follows, by amending the first schedule to the
Merchant Shipping Act 57 of 1951
Schedule 1 of the Merchant Shipping Act, 1951 has been amended by
repealing wholly or partly the laws mentioned in the said Schedule 1.
Merchant Shipping Certificate of Competence) Act, 1925 (Act 45 of 1925)
(“the principal Act”) is therefore is repealed as a whole in Schedule 1
Thus we say Merchant Shipping Amendment Act No 48 of 1957 is redundant
because it does not serve any purpose and it refers to an Act which no longer
exist and that it principal Act as repealed in schedule I by section 43 of the
Merchant Shipping Act 30 of 1959.
13
Railway Purchase Act, 1971 (Act
No.25 of 1971


This Act had two objectives which are to authorize the
President to cause to be purchased from the Electricity
Supply Commission a railway of approximately forty-eight
km from a junction at Broadsnyersplaas station to a
terminal point on farm Tweenfontain District of Middleburg
in the Province of the Transvaal at a cost not exceeding four
million.
The Act empowered the President to initiate the construction
and equipment of all sliding, stations building and other
appurtenances necessary for the aforesaid railway line. This
powers were exercised and the legislation has served its
purpose.
14
National Road Safety Amendment
Acts.
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The legislation recommended for repeal under this heading are
the National Road Safety Amendment Act No. 46 of 1974,
and the Amendment Act No. 40 of 1976
The two amendment Acts amends various sections of the
National Road Safety Act No. 9 of 1972.
The National Road Safety Act No 9 of 1972 has been repealed by
the National Road Traffic Act No. 93 of 1996 as will be
amended by section 39 of Act No. 21 of 1999.
The two legislation will became obsolete when Act 21 of 1999
comes into operation by the end of October 2010 by
proclamation.
15
Saldanha Bay Habour
Acquisition and Equipment Act
1976.


This Act was enacted for the purpose of empowering the
Administration to acquire and Equip the Harbour of Saldanha
Bay in the Province of Good Hope.
This Act has become spent and is recommended for repeal.
16
South African Transport Services
Acts.

Legislation recommended for repeal as a whole under this
heading are:
South African Transport Services Amendment Act No.13 of
1983
Amendment Act No. 5 of 1984
Second Amendment Act No. 93 of 1984
Amendment Act No. 44 of 1985
Amendment Act No. 46 of 1986
Amendment Act No. 91 of 1987
17
South African Transport Services
Acts.


The provisions of Act 13 of 1983 were repealed because
all the statutes which were amended by Act No.
13 of 1983 were repealed. The commencement
provisions of this Acts become spent when the sections
referred therein came into operation, there fore, Act
13 of 1983 serves no purpose.
All the acts amended by Act No. 5 of 1984 have been
repealed. Therefore Act No. 5 of 1984 ‘s existence serves
no purpose
18
South Africa Transport Services
Acts.(Cont…)


The Second South Africa Transport Services Amendment Act 93 of
1984 amended the South African Transport Services Act 65 of 1981
and this Act was repealed by the Legal Succession to the South
African Transport Services Act No. 9 of 1989. Thus the Amendments
effected by this Act 93 of 1994 have ceased to have any practical
value and requires to be repealed.
The South African Transport Services Amendment Act 46 of 1986
repealed three sections of Act 65 of 1981. Act No 65 of 1981 was
repealed by Act No. 9 of 1989, therefore there is no principal Act to
which these amendments apply, thus it should be repealed.
19
South Africa Transport Services
Acts.(Cont…)
 South African Transport Services Act No. 91 of 1987
was repealed by Act 41 of 1988 and Act 49 of 1996.
The remaining sections amended the Railway and
Harbours Pensions for Non Whites Act of 1974 and
the Transport Services Act 65 of 1981, both this
Acts were repealed, thus we recommend that
Amendment Act 91 of 1987 be repealed.
20
Railways and Harbour Strike and
Services Amendment Act, 1914
(Act No.7 of 1914)
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This Act was promulgated after the strike involving employees of the
Railways and Harbours which took place in January 1914.
The object of the Act was to reward employees of the Railways and
Harbours who during the strike continued to perform their duties.
It makes provisions for bonuses for employees who remained faithful
to their conditions of service during the strike.
This Act is outdated as strikes today are governed by the Labour
Relations Act in various working sectors. It is therefore recommended
that this Act be repealed as a whole.
21
Railway and Harbour Acts

Legislations recommended for repeal as a
whole under this heading are the following
Railway and Harbours Act Amendment Act No. 54 of 1964
Railway and Harbours Act Amendment Act No. 18 of 1966
Railway and Harbours Act Amendment Act No. 33 of 1972
Railway and Harbours Act Amendment Act No. 47 of 1973
Railway and Harbours Act Amendment Act No. 44 of 1974
Railway and Harbours Act Amendment Act No. 46 of 1975
Railway and Harbours Act Amendment Act No. 8 of 1976
Railway and Harbours Act Amendment Act No. 69 of 1977
Railway and Harbours Act Amendment Act No. 64 of 1978
Railway and Harbours Act Amendment Act No. 80 of 1979
22
Railway and Harbour
Acts(Cont…)


The only remaining section in the Railways Harbours Act
Amendment Act 54 of 1964 is section 9. Section 9 of Act 54 of
1964 amended section 1 of the second Railway construction Act
of 1963. The second Railway construction Act of 1963 is
recommended for repeal as a whole in schedule 1 of this Bill,
therefore, the remaining section 9 of this Act will serve no
purpose as it was dependent on the existences of the second
Railway construction Act of 1963.
Act 18 of 1966 had 14 sections and 13 of the said sections were
repealed by various Acts. The remaining section is section 14
which contains the short title of the Act which only labels the
name of the Act. We therefore request that the whole Act be
repealed for it serves no purpose.
23
Railway and Harbour Acts(Cont...)
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

The Railway and Harbours Act Amendment Act No. 33 of 1972
had 17 sections. Section 1 to 5 and 15 were repealed by
Conditions of Employment Act 16 of 1976 and the provisions of
the South African Transport Services Acts 65 of 1981 and the
General Laws amendment Act 49 of 1996.
The remaining section are section 6, 7, 9, 10, 11, 12, 13, 14, and
17 and are still in force. These sections are recommended for
repeal for the following reasons.
These remaining sections were amending certain sections of the
Level Crossing Act 41 of 1960 and the Railways and Harbours
Pensions Act 35 of 1971. These Acts are already repealed by
Transnet Pension Fund Act 62 of 1990 and Proclamation No.
1121993 of 1993.
24
Railway and Harbour Acts(Cont...)
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
Sections 1 to 13 and 19 of the Railway Acts Amendment Act 47
of 1973 was also repealed by Act 65 of 1981. Section 14,
15,16
and 17 were aimed at amending Railways and Harbours
Pension Act 35 of 1971 and that Act was repealed by
Transnet Pension Fund Act 62 of 1990, therefore Act 47 of 1973
become redundant and should be repealed.
Railways Harbours Acts Amendment Act, 1974 (Act 44 of 1974)
and Act No. 46 of 1975, and Act 89 of 1976.
25
Railway and Harbour Acts(Cont...)

These Amendments Act are recommended for repeal
because some sections within this Acts were repealed
by various legislation. The remaining sections in the
two acts were amending certain section of the Level
Crossing Act 41 of 1960, Railway Harbour Act
Amendment Act 41 of 1969 and all this Acts were
ultimately repealed by Transnet Pension Fund Act No.
62 of 1990. Therefore the sections in these Acts do
not serve any purpose and can be repealed.
26
Railways and Harbours Acts
Amendment .


The Railway and Harbours Act No. 8 of 1976 was repealed by
various statutes and the remaining sections amended certain
section of other Acts such as the Railways Construction Act, Viz.
Act 57 of 1961, Act 58 of 1963, Act 5 of 1965 and Act 17 of 1966
and Act 82 of 1971. All these Acts are recommended for repeal
in schedule one of the Bill, therefore the remaining sections of
Act 8 of 1976 will serve no purpose as the acts they were
amending are recommended for repeal
Railway and Harbour Acts Amendment Act 69 of 1977 has only
section 21 remaining and all others are repealed already by
other Acts.
Section 21 amended Railway Construction Act 38 of 1968. Act
38 of 1968 is recommended for repeal and all reference to it in
other statutes should be repealed. Thus section 21 should be
repealed
27
Railways and Harbours Acts
Amendment Act 64 of 1978 and Act
No 80 of 1979

The remaining Provisions of Act 64 of 1979 and Act 80
1979 were repealed by Transnet Pension Funds Act 62 of
1990. Therefore we recommend for their repeal from the
statute Book as their remaining Provisions serves no
purpose.
28
Railway and Harbour Services and
Superannuation Fund Acts
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Legislation amended under this heading are the Amendment Act 27
of 1930 and Amendment Act 19 of 1931
Section 1(1) of Act 27 of 1930 provide that no person may
receive payment from the fund unless he/she has received a
gratuity in terms of section 11 of the Railway & Harbour
services Act 23 of 1925.
Section 1 and 2 of Act 19 of 1931 make reference to certain words
used in Act 23 of 1925 as having similar meaning to the words used
in Act 19 of 1931.
Section 1 of Act 27 of 1930 and section 1 and 2 of Act 19 of 1931
requires to be repealed because the Act to which they make
reference to was repealed by Act 39 of 1960.
29
Railway and Harbours Acts
Amendment Act no 49 of 1949


Section 10 and 14 of this Act should be repealed for the
following reasons:
Section 10(1) is depended on section 6(3)(a) of Railway and
Harbour services Act 23 of 1925 and the public servants
(military service) Act of 1944 for its implementation. These two
Acts are repealed by Act 22 of 1960 and the repeal of
Laws Act 94 of 1981 thus it is recommended for repeal.
Section 14 is recommended for repeal because it make
reference to the Railways and Harbours Superannuation
Fund Act 24 of 1925. The provisions recommended for
amendment became spent when the Railway and Harbour
superannuation Fund Act of 1925 was repealed by the
Railways and Harbour superannuation fund Act 39 of 1960.
30
Railways and Harbours Acts
Amendment Act 63 of 1951,
Amendment Act 45 of 1952, and
Amendment Act No. 62 of 1962


Section 7 of Amendment Act 63 of 1951 is recommended for repeal
because section 7 amended among others section 5 of South West
African Railways and Harbours Act 20 of 1922 and that Act was
repealed by the South African Transport Services Amendment
Act 13 of 1983, therefore section of Act 63 of 1951 serves no
purpose.
Section 4 of Amendment Act No. 62 of 1962 is recommended for
repeal because section 4(1) amends the schedule to the
Railway construction Act 43 of 1956. The Railway construction
Act referred to in these provisions was repealed by the Repeal
of Laws Act 94 of 1981 therefore section 4 may be repealed
because it do not serve any purpose.
31
Railways and Harbours Acts
Amendment Act 63 of 1951,
Amendment Act 45 of 1952, and
Amendment Act No. 62 of 1962
(Cont…)


Section 1 of Amendment Act 45 of 1952 is hereby
recommended for repeal, for section 1 amended section 4 of
Railways
and
Harbours
Regulation
control
and
Management Act 22 of 1916.
This Act 22 of 1916 was
repeal by Railway and Harbours control and management
(consolidation) Act 70 of 1957.
Since the provisions of section 1 make reference to an Act that do
not exist, it is recommended for repeal.
32
Railway and Harbour Acts
Amendment Act No.6 of 1965,
Amendment Act No.8 of 1968 and
Amendment Act No.32 of 1969



Section 9 of Amendment Act No.8 of 1968 amended section 2(2)
of the level crossing Act No.41 of 1960. This level crossing Act
was repealed by Proclamation No.1121993, therefore section 9
serves no purpose and is recommended for repeal.
Section 1, 2 and 6 of Amendment Act 32 of 1969 amended section
7(2) of the Railway Expropriation Act 37 of 1955 and Railways
construction Act 1966. These two Act are recommended for
repeal as a whole and section 1, 2 and 6 of Amendment
Act
No.32 of 1969 will serve no purpose.
Section 6, 7, 8, to 10, 19, 70, to 74 and 75 of Amendment Act No.6
of 1965 are recommended for repeal.
33
Railway and Harbour Acts
Amendment Act No.6 of 1965,
Amendment Act No.8 of 1968 and
Amendment Act No.32 of 1969
(Cont…)

All the above sections amended certain sections of the Acts which
some of the said have been repealed by certain Acts and
others Act which are recommended for repeal as a whole in
schedule 1 of this Bill e.g. Railway Expropriation Act, 37 of 1955,
the Expropriation Act, 63 of 1975. The South Africa Transport
Services Act 65 of 1981 and Proclamation No.1121993 that
repealed Level Crossing Act 60 of 1960. Therefore this sections are
recommended for repeal for the Acts they amended are
either repealed or are recommended for repeal in schedule 1
34
Railway and Harbour Acts
Amendment Act No.6 of 1965,
Amendment Act No.8 of 1968 and
Amendment Act No.32 of 1969
(Cont…)


Section 2 of the second Railway Harbours Acts Amendment Act,
1976 (Act No.89 of 1976 is recommended for repeal because
section 2 of this Act amended section 1 of the Railways and
Harbours Pension for non-whites Act 43 of 1974. Act 43 of
1974 was repealed by Transnet Pension Fund Act 62 of 1990,
therefore section 2 of Act 86 of 1976 serves no purpose
and is recommended for repeal
Section 6, 7, 8, 9, 10, 18, 19 and 20 of Amendment Act No.6 of
982 are recommended for repeal because.
35
Railway and Harbour Acts
Amendment Act No.6 of 1965,
Amendment Act No.8 of 1968 and
Amendment Act No.32 of 1969
(Cont…)

The above sections amended certain sections of the following Acts
which were ultimately repealed as a whole Viz.
Level crossing Act 41 of 1960
Railways and Harbours Pension Act 35 of 1971
Railways and Harbours Pension for non-whites Act 43 of 1974
As this Act were repealed by other legislations, section 6, 7, 8, 9,
10, 18, 19 and 20 serves no purpose and therefore requires to
be repealed.
36
Railway and Harbour Acts Amendment
Act No.6 of 1965, Amendment Act No.8
of 1968 and Amendment Act No.32 of
1969 (Cont…)

Section 1, 2, 3, 4 and 5 of Transnet limited Amendment Act,
1991 and hereby recommended for repeal because this
section amended various sections of the Level Crossing Act of
1961 and that Act was repeal by Proclamation No.112 of
November 1993. This sections therefore make reference
to non existing statures, thus they are recommended for
repeal.
37
Transport Second General
Amendment Act No. 82 of 1995

Section 1 and 2 were intended to affect changes to sections
in Railway construction Act 75 of 1985 and the second
Railway construction Act 94 of 1985. Both Acts are
recommended for repeal in schedule 1 of this Bill and
once repealed section 1 and 2 will serve no purpose thus
they are recommended for repeal.
38
CONSULTATION

The Bill was published for comments in Gazette No. 31864 of
13 February 2009.

Comments were received from Transnet, PRASSA,
Department of Justice and Constitutional Development and
the office of the State Law Adviser and the South African Law
Commission.

The Portfolio committee was also briefed on this Bill and they
are in agreement with the Bill.

Comments were taken into account and were
incorporated into the Bill. The Bill was presented to
the Infrastructure Development Cluster (FOSAD) and the
Committee recommended that the Bill be referred to Cabinet
for approval for introduction in Parliament
39
FINANCIAL
IMPLICATION
None.
40
REQUEST

We therefore request the select
committee to approve the Transport
Laws Repeal Bill 2010.
THANK YOU
DANKIE
ENKOSI
41