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 cooperative 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:
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●
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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 Framework
DOMESTIC LEGISLATION
Cross-Border Transport Act, 4 of 1998 , as amended
National Land Transport Act, 5 of 2009
National Road Traffic Act, 93 of 1996, as amended
Tourism Act, 72 of 1993
Transport Deregulation Act, 80 of 1988
Multilateral Agreements
SADC Protocol on Transport,
Communications & Meteorology
•SACU Memorandum of
Understanding on Road Transport
(MoU)
•
Bilateral Agreements
Bilateral Agreements concluded
between SA and;
Malawi,
Zambia,
Zimbabwe
Mozambique
Facilitation of cross border transport through:
1.
2.
3.
A strategic private-public sector relationship
A strategic alliance between transport authorities
Capacity building of private and public sector
Cross-Border Road Transport Agreements
●
SADC Protocol on Transport Communications and Meteorology;
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SACU MOU: SA, Botswana, Lesotho, Namibia and Swaziland;
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Trans-Kalahari MOU: SA, Botswana & Namibia; and
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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
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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
Substance
Strategic
Thinking
Politics
Operations
C-BRTA Value Chain
Regulatory
(Compliance)
Advisory
(Coordination)
Inspectorate
Facilitation
(Control)
(Cooperation)
C-BRTA Strategic Importance
●
The C-BRTA has a strategic role in driving the agenda of harmonising road
transport operations in the SADC region.
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Pivotal role in championing regional integration as contemplated in Agency’s
founding address and its legislative mandate.
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Strategic resource of the Minister of Transport in addressing and resolving road
transport issues within SADC.
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Promotion of regional trade and socio-economic integration and development.
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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;
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Non-compliance to provisions of SACU MoU on Road Transportation;
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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
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Amendment of the Cross-Border Road Transport Act.
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Amendment of National Land Transport Transition Act and alignment of
National Land Transport Act.
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Upliftment of moratorium against the issuance of cross-border passenger
permits.
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Various stakeholder engagements.
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Ministerial intervention.
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SACU intervention sought by Lesotho.
Current Normalisation Interventions
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Presidential commitment during recent Presidential State Visit to Lesotho;
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Ministers of Transport decision to normalise passenger operations by
implementing road transport legislation and agreements;
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Ministerial directive to normalise cross-border passenger transport operations;
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Visit by General Cele to inspect security situation at various borders;
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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.;
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Inspection in loco at Van Rooyen’s Gate and Maseru Bridge;
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Removal of illegal ranking facilities at Van Rooyen’s Gate border.
Task Team Draft Recommendations
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Minister of Transport to engage Free State MEC at MINMEC level;
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NDoT to engage at Free State HoD at COTO level;
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Free State Department of Public works to identify suitable land for relocation of
illegal ranking facilities;
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Free State Government and local municipalities to cease the erection of ranking
facilities in close proximity of border posts;
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On-going engagement with all affected parties to ensure normalised passenger
operations;
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Increased law enforcement around the RSA/Lesotho borders.
Interface:
Cross-Border Road Transport Act
&
National Land Transport Act
Cross-Border Road Transport (1)
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“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”;
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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”;
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S75 (4): “Where the regulatory committee defined in section 1 of the CrossBorder 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;
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Drop-off or pick-up of passengers within 2km radius from port of entry deemed
cross-border operation – S75 of NLTA;
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Cross-border transport: transportation of passengers or goods crossing or
intending to cross the border into territory of another state;
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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 Issued
25
Taxi Permits Issued – per Country
26
Bus Permits Issued – per Country
27
Freight Permits Issued – per Country
28
Thank you
www.cbrta.co.za