Road Transport Appeal Matters Amendment Act

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Jurisdiction: South Africa
Instrument: Act or statute
Citation: Act 70 of 1998
Version: Undated source snapshot
Language: en
Updated: 7 Oct 1998
Official source: View official record ↗

accounting officer appeals appeals tribunal commencement cross-border road transport permits cross-border transport government funding legislation drafting legislation update permit decisions repeal and savings statutory amendment statutory drafting transport transport regulation transport tribunal tribunal procedure

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About this statute

Certain applicants, affected permit holders, and other interested or affected persons may appeal a Regulatory Committee decision on specified cross-border road transport permit matters, within the prescribed time and manner, subject to section 53(1)(b). This section partly repeals the Road Transportation Act, 1977 for cross-border transport and preserves certain pending appeals and related provisions. This provision amends section 1 of the Transport Appeal Tribunal Act, 1998 by changing and adding several definitions. This section substitutes section 2 of the Tribunal Act with a section titled “Application of Act.” This Act does not apply to certain appeals about intraprovincial transport when a provincial law says the appeal must be decided by an appeal body created under that law or another provincial law.

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Provisions of Road Transport Appeal Matters Amendment Act

Showing 13 of 13

1
The following section is hereby substituted for section 34 of the Cross-Border Road
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AI-assisted research summary: Certain applicants, affected permit holders, and other interested or affected persons may appeal a Regulatory Committee decision on specified cross-border road transport permit matters, within the prescribed time and manner, subject to section 53(1)(b).

1. The following section is hereby substituted for section 34 of the Cross-Border Road Transport Act, 1998: ‘‘Appeals 34. (1) Where the Regulatory Committee has published or otherwise made known its decision in respect of any application for the granting, renewal, amendment or transfer of a cross-border road transport permit or a cabotage permit for freight or passengers— the applicant, if aggrieved thereby; (a) (b) any other holder of such a permit who is affected by the decision; or (c) any person otherwise interested in or affected by the decision, may, in the prescribed manner and within the prescribed period after the decision was published or otherwise made known by the Regulatory Committee, appeal against that decision, subject to section 53(1)(b). (2) An appeal brought in terms of subsection (1), must be lodged with and will be heard and determined by— (a) the Tribunal, if noted on or after a date determined for that purpose by the Minister by notice in the Gazette, which the Minister is hereby authorised to do; the National Transport Commission contemplated in section 53(2)(a), if noted before that date.’’. (b) 5 10 15 20 Substitution of section 53 of Act 4 of 1998 4
2
The following section is hereby substituted for section 53 of the Cross-Border Road
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AI-assisted research summary: This section partly repeals the Road Transportation Act, 1977 for cross-border transport and preserves certain pending appeals and related provisions.

2. The following section is hereby substituted for section 53 of the Cross-Border Road Transport Act, 1998: ‘‘Partial repeal of Act 74 of 1977, and savings 53. (1) Subject to subsection (2), the Road Transportation Act, 1977, is 5 hereby repealed in so far as it relates to cross-border transport. (2) Despite subsection (1)— (a) all appeals in terms of the Road Transportation Act, 1977, which immediately before the commencement of this Act were pending before or lodged with the National Transport Commission in existence under section 2 of the Transport Deregulation Act, 1988 (Act No. 80 of 1988), will be disposed of by that Commission as provided for in the Road Transportation Act, 1977, as if the Road Transportation Act, 1977, had not been repealed; the provisions of sections 8(1A), (2) and (3) and 9(1) and (2) of the Road Transportation Act, 1977, will be applied, subject to the changes necessary in the context and in so far as those provisions are not inconsistent with this Act, with regard to all appeals brought in terms of section 34(2)(b) of this Act.’’. (b) Amendment of section 1 of Act 39 of 1998
3
Section 1 of the Transport Appeal Tribunal Act, 1998 (hereafter called the Tribunal
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AI-assisted research summary: This provision amends section 1 of the Transport Appeal Tribunal Act, 1998 by changing and adding several definitions.

3. Section 1 of the Transport Appeal Tribunal Act, 1998 (hereafter called the Tribunal Act), is hereby amended— (a) by the substitution for the deﬁnition of ‘‘Board’’ of the following deﬁnition: ‘‘ ‘board’ means the body which, land transport legislation, is charged with responsibility with regard to the granting, issue, renewal, amendment and transfer of permissions for the operation of public land transport in the Republic;’’; in terms of national (b) by the substitution for the deﬁnition of ‘‘intraprovincial transport’’ of the following deﬁnition: ‘‘ ‘intraprovincial transport’ means public transport conducted in such manner that the passengers are picked up and set down entirely within the boundaries of a single province;’’; and (c) by the insertion after the deﬁnition of ‘‘Minister’’ of the following deﬁnition: ‘‘ ‘national land transport legislation’ means legislation enacted by Parliament under the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996), which governs land transport other than ‘cross-border transport’ as deﬁned in section 1 of the Cross-Border Land Transport Act, 1998 (Act No. 4 of 1998), in each province of the Republic, whether in conjunction with a law enacted by the province’s legislature, or not;’’. Substitution of section 2 of Act 39 of 1998
4
The following section is hereby substituted for section 2 of the Tribunal Act:
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AI-assisted research summary: This section substitutes section 2 of the Tribunal Act with a section titled “Application of Act.”

4. The following section is hereby substituted for section 2 of the Tribunal Act: ‘‘Application of Act
2
The provisions of this Act will not apply to any appeal concerning a
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AI-assisted research summary: This Act does not apply to certain appeals about intraprovincial transport when a provincial law says the appeal must be decided by an appeal body created under that law or another provincial law.

2. The provisions of this Act will not apply to any appeal concerning a matter arising from intraprovincial transport if, in terms of any law enacted by the legislature of the province concerned, such an appeal is to be determined by an appeal body established by or under that law or any other law of that legislature.’’. 10 15 20 25 30 35 40 45 Amendment of section 11 of Act 39 of 1998
5
Section 11 of the Tribunal Act is hereby amended by the substitution for the
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AI-assisted research summary: This provision amends section 11 of the Tribunal Act by replacing a specific reference with the phrase “national land transport legislation.”

5. Section 11 of the Tribunal Act is hereby amended by the substitution for the expression ‘‘the National Land Transport Act, 1998,’’ of the expression ‘‘national land transport legislation’’. 50 Amendment of section 12 of Act 39 of 1998 6
6
Section 12 of the Tribunal Act is hereby amended—
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AI-assisted research summary: This section amends section 12 of the Tribunal Act by updating certain wording substitutions.

6. Section 12 of the Tribunal Act is hereby amended— (a) in subsection (1)— (i) by the substitution for the expression ‘‘the National Land Transport Act, 1998,’’ where it occurs in the portion preceding paragraph (a), of the expression ‘‘national land transport legislation’’; and (ii) by the substitution for the word ‘‘Board’’ wherever it occurs in paragraph (b), of the word ‘‘board’’; (b) (c) in subsection (2), by the substitution for the expression ‘‘the National Land Transport Act, 1998,’’ of the expression ‘‘national land transport legislation’’; and in subsection (3), by the substitution for the word ‘‘Board’’ of the word ‘‘board’’. 5 10 Amendment of section 13 of Act 39 of 1998
7
Section 13 of the Tribunal Act is hereby amended by the substitution for the word
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AI-assisted research summary: This provision amends Section 13 of the Tribunal Act by changing the word “Board” to “board” in paragraph (a).

7. Section 13 of the Tribunal Act is hereby amended by the substitution for the word 15 ‘‘Board’’ where it occurs in paragraph (a), of the word ‘‘board’’. Amendment of section 14 of Act 39 of 1998
8
Section 14(4)(a) of the Tribunal Act is hereby amended—
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AI-assisted research summary: This provision amends section 14(4)(a) of the Tribunal Act by replacing specific wording.

8. Section 14(4)(a) of the Tribunal Act is hereby amended— (a) by the substitution for the expression ‘‘the National Land Transport Act, 1998,’’ of the expression ‘‘national land transport legislation’’; and 20 (b) by the substitution for the word ‘‘Board’’ of the word ‘‘board’’. Amendment of section 16 of Act 39 of 1998
9
Section 16 of the Tribunal Act is hereby amended—
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AI-assisted research summary: The Tribunal must pay money it receives under the Act into the National Revenue Fund, and the Director-General is the accounting officer for those funds and related payments.

9. Section 16 of the Tribunal Act is hereby amended— (a) by the substitution for subsection (3) of the following subsection: ‘‘(3) All moneys received by the Tribunal [under] in terms of this Act must be paid into the National Revenue Fund [and the Director- General is the accounting officer of such expended moneys].’’; and (b) by the addition after subsection (3) of the following subsection: ‘‘(4) The Director-General is the accounting officer for all moneys so received and all payments made from moneys appropriated by Parlia- ment for the purposes of the Tribunal.’’. Amendment of section 17 of Act 39 of 1998
10
Section 17(1) of the Tribunal Act is hereby amended by the substitution for the
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AI-assisted research summary: This section amends Section 17(1) of the Tribunal Act by replacing “Board” with “board” in paragraph (a).

10. Section 17(1) of the Tribunal Act is hereby amended by the substitution for the word ‘‘Board’’ where it occurs in paragraph (a), of the word ‘‘board’’. Amendment of section 18 of Act 39 of 1998
11
Section 18(3) of the Tribunal Act is hereby amended by the substitution for the
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AI-assisted research summary: This section amends section 18(3) of the Tribunal Act by replacing “the National Land Transport Act, 1998” with “national land transport legislation”.

11. Section 18(3) of the Tribunal Act is hereby amended by the substitution for the expression ‘‘the National Land Transport Act, 1998,’’ of the expression ‘‘national land transport legislation’’. Substitution of long title of Act 39 of 1998
12
The following long title is hereby substituted for the long title of the Tribunal Act:
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AI-assisted research summary: This section replaces the Tribunal Act’s long title and sets the Act’s short title and commencement timing.

12. The following long title is hereby substituted for the long title of the Tribunal Act: ‘‘To provide for the establishment of the Transport Appeal Tribunal to consider and to decide appeals noted [under the National Land Transport Act, 1998, and legislation and in terms of the land transport under] in terms of national Cross-Border Road Transport Act, 1998; and for matters connected therewith.’’. 25 30 35 40 Short title and commencement 8 13. (1) This Act is called the Road Transport Appeal Matters Amendment Act, 1998. (2) Sections 1 and 2 will be regarded and treated for all purposes as having come into operation on 1 April 1998. (3) Sections 3 to 12 inclusive come into operation on the date on which the Tribunal 5 Act comes into operation.

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Road Transport Appeal Matters Amendment Act

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