Transport Appeal Tribunal Act

4 Sqm ])hcr 1998 N(J. I I 18. 4 Scplmhcr I 998 No. 39 of 1998: Transport Appeal Trihundl Act, I X 8. N(). 39 van 1998: Wc[ (q) die Verv\)cr:\pptl[ rih[ll~iiill, 1~)98. 7 N,). 1921 I (; OVERNklENT GAZETIE,4SE~Ekl BER 1998 .Act N(). 39, 1998 TRANSPORT AWEAI. TRIBIJNAL A(’T, 1998 ACT “lo provide for the establishment of the Transport Appeal Tribunal to consider and to decide appeals noted under the National Land Transport Act, 1998, and under the Cross-Border Road Transport Act, 1998; and for matters connected therewith. (Etl,g[ish tcr( .sigmd !)y fhe President.) (Awwd to 2?7 AIIXILSI /998.) B E IT ENACTED by the Parliumtmt of’ the Republic of South Africa. as follows:— CHAPIER 1 APPLICAIION OF ACT Definitions

1. In [his Act, unless the context indicates otherwise— (i) (ii) (iii) “Board” means any provincial permissions board conternpluted in [he National Land Trmsport Act, 1998; (v) 5’Direc(or-General” means the Director-General: Trmspor[; (i) “intmprovincial transport” means intraprovincitit Wmsporl m defined sec~ion I of (he National Land Transport Ac[, 1998; (iii) “Minister” means the Minister of Trmsport; (iv) (iv) (v) “prescribed” mans prescribed by regulation; (ix) (vi) (vii) “regulation” means any regulation made under sec[im I 7( i ): ( vii) “Regulatory Committee” meuns the Regulatory Conlmittee referred I(J in section i 3 of the Cross-Border Road Transport Act, 1998; (vi) “this Act” includes any regulation: (ii) “Tribunal” means the Transport Appeol Tribunal established by section 3(l). (viii) in (viii) (ix) Application of Act

2. The provisions of this Act will not ~pply in respect of tiny tippeal— (a) which rciates to intraprovirwial ~rmsport; and (b) in respect ot’ which an appeal body has been establistmi by or under any law of the provirwitil legislature concerned. CHAPI’ER 2 THE TRANSPORr APPEAL TRIBUNAL 5 10 15 lo 25 Establishment of Transport Appeal Tribunal 3. ( I ) There is hereby est~blished a tribunal to be known as the Transport Appeal Tribunal, (2) The Tribunal must be impartial A must perform its functioms without tear, fuvour 30 or prejudice. Constitution of Tribunal 4. ( 1 ) The Tribunal c(msists of not more than nine, bu[ not less [hat} live, nwmtwrs appointed by Ibc Minister al’kr corl,wltation with every member of’ tbc F,xccutive C(mnci\ in e~ery province responsible for road transport matters, 35 4 N,) If):il ( g o v e r n m e n t (;,AZET’TE, 4 SEPTEMB[; R 199X Act Nl). Y). 1998 ‘1 l<,\ NS1’OR’l APPEAL. TRIB(!NA1. A(”l. 1998 (2) ‘1’l]c Minislct mu\t --- (~[) :Ippf)in[ lit tmd proper pcrsfms as n]enlbcrs ~~1’ the Tribun~ll (m (he g r o u n d s ol’ [heir ht]ow Icdge ~~t’, or experience in. Iindncial. economic. con]nwrcidi. legal ~~r (Awr n~il[tcrs rcl:~tin: 10 the I’unc[iurrs ol the Tribundi; and (h) ini itc n(mlitmtions Ioi persons who comply wilh the cri[eria con[emplakxl in 5 ptirugi-apb ((/) 10 bc q~pointcd as members of the Tribuntil—— ( i ) by no[icc in [It Icilst IWO newsptipers circulfiting through(m[ the Rcpuhlic; and (ii ) by t:kin: such I’urther steps us the Minister considers appr-opri:ite [() bring [he c(m[cn[s of” [hc notice 10 [k :ittcntion 0[ interested persons, ( 3 J When cx)msickritlg (he t~ppointnwnt 01 tiny particular pers(m. the Minister nlusl - (c~) by notice in [he (J’f/:cf[c, )nakt known that fact tind invite all intercs[cd persons [o lodge in writing, within the period tincl tit [hc place specilicd in the notice, :my reprcsentati(ms ttmt they wish to make in c(mrwction with [he ;ippoin[- mnt; (b) Mk such t’urthur steps :is the Minister c o n s i d e r s :~ppropriate 10 bring the contents O( [k notice to the ti[tcntiorr O( intereitecl persons; and 1() Is (t) krkc intu account tiny representations lodged. Chairperson and deputy chairperson of’ Tribunal 5. ( I ) The Minis[cr SIKII1 app{~int one of t h e m e m b e r s of the Trihuna] us [hc ch:iirpersorl ol’the Tribunal :UKI the Tribuwrl shell ut its Iirst sitting dppoint anodwr Lis [he deputy chuirperwm 01 the Tribunal, (2) It’ the ch:lirpmson is tibsent or for :Iny re:lson unable to act w ch:lirperson. the dcpLIty chilirpcrs(m must act m [he chtrirpers[m of the Tribunul, Persons nut qualified to be members

6. A person Inuy not be appoin[cd M a nwrnhm of the Tribunal- i t ’ the person is iin unrehahilitiited insulvent; (h) it’ [k person has hccn removed from public ollice: ({) if the person has been convicted of ~n oKence l’or which the person has been sentenced to imprisonment without the opti(m of u fine. unless the Minister, h:~ving due regtird to the n:lture ot’ the ollcnce and the circumstances ot the case, is salistitxi on rwlsonkrlc grounds tkrt [he person is u tit :md proper person to be so q]poi ntcd. Conditions of appointment and terms of Mice of members 7. ( I ) The chairperson. (Iw deputy chairperson and any other nwrnher o(’ the Tribunal will, for each day 01 purt 01 J d;iy in uny mon[h (m which the duties u[[acbed [() the otticc ctmcerned were pc?rftwnw’d. be rcmuncxlted. and he p:lid u travt]ling and suhsisterwc ;Itlowance, ut such d~iil} r:Nc m [he Minister in corlsult:ltion with [he Minister t~f I:inanut may determine Iron) time to time. ( 2 ) ([{) “rhc other c(mdilions 01 :Lppointnwn[ will k as prcsuritwd. (h) Ditferen[ c~)nditif)rls ot” t~ppointrnent m:iy bc prescriheci i n respect ot ditfcrcnt c’;lteg(wics of rnembtm. (~) A nl~lllh~l t)t lilt “rl”ihun:l! will b(lid Olike for such period, but not exceeding thrt~ yews. m tlw Minister n~ay determine :It the time of (Iw nwmber’s :Ippoin[llwnt. aml w ill ii{ the ierminati(m 01 tlw period ot ottice be eligible hw rc~l[~l~oir]trller~{, but not t’iw nunc than three c(msecutite lcrms ot’ i)t’lice. 35 40 45 Vauncies in Tribuntit 8. ( I ) A member ot” [he Trihun:tl vac:ltes otliuc— ((1) ii’ [he Inembcr bcconws subject to any disqualification n]cntioncxl in section 6; (h) in [he C:IW \vhcrc the member bus resigned by giving one month’s n(~tice in 50 w ri[ing [o the Minister, when the nwrnbcr’s resignation takes clfect. (~) ‘I-he Mllli\[~r rll:ly rcr]l(]vc ;Irly nlcnlher t)l the Tribunal I’rtml otiice— ((l) I’t)r nlisc(mducl: (/J) t(w I’:liliny tt) pert’(mn the duties {Jf’ a member or to perltmn Ibern diligently and ellicicn~ly; 55 (1 N(I. 1921 I Act N(). 39, 1998 GOVERNMENT” GAZETTE. 4 SEPTEMBER 1998 ‘I KANSPORT AIIIWA1. TRIBLJNA1. ACT, 1998 (~) it’ [be member. because 01” My physical or mental illness or disability, has become incapable t}t’ perlbrming a member’s duties or performing them el’ticientiy. (3) ([~) Any vawwy in the office of’ a member of the Tribunal must be tilled by the Minister thr(mgh the trppointment of mother member in terms of section 4. (h) A member so appointed holds office Ior the unexpired portion of’ [he predecessor’s term ot oiiice, Sittings of Tribunal 9. ( I ) The Tribumd will sit on such days and during such hours tind at such place as the chairperson of’ the Tribuna] may cklcrmine. (2) The presence of’ tit lcmt fifty per cent of the members will be necessary to constitute a sitting of’ the Tribuntil. (3) If both the chtiirperson and the deputy chairperson are absent from ti sitting of the Tribunal, [he members present must from among their number elect a person I() preside at the sitting. Decisions of Tribunal lo. ( I ) The decision ol a majority of’ the members present at a sitting of the Tribunid will constitute a decision ot’ [he Tribunal, and in the event O( an equality of’ votes on any rna[ter, the person presiding tit the sitting will have a casting vote in addition to [hot person’s deliberative vote. (2) No decision taken by the Tribunal will be invalid merely by reason of a vacancy in the Tribunal or of’ the fact that any person not entitled to sit as u member of the Tribunal, sat as such a member at the time when the decisi(m was taken, if the decision was taken by the majority of the members of the Tribunal present at the time and who were entitled to sit as members of’ the Tribunal. 5 IO 15 Z() 25 CHAPTER 3 APPEALS Fees in respect of Appeals

11. The Tribunal may not Transport Act, 1998, or under such upped is accompanied by the lees referred to in section i 7( 1 )(({). detil with any appeal noted under the Nationtrl Land [be Cross-Border Road Transport Act. 1998, unless :my 30 Decisions on Appeals 12, ( I ) Subject to the provisions of’ this Act, the Tribunul must c(msidcr tin appral noted with the Trihuntil in accordance with the previsions of the Nutional Lund “Transport ACI, 1998, or the Cross-Border Road Trirnsport Act, 1998, whereupon the Tribumrl may- (a) reject the tippeul and confirm the act, directi(m or decision appealed against; (w (b) uphold the appetrl, set wide the act, direction or decision appealed +gainst, wld- (i) substitu[c therefor tiny other irct, direction or decision which the Board or the Regulatory Committee, as the case may be, could have performed or given; or (ii ) refer the matter which guve rise to the :ippeal to the Board or the Regulatory C{m~mittee, m the c:ise may be. for reuollsicier:ltioll;” or 35 40 (c) uph(dd IIW [ippcal partially and vary the wt, direction or decision appealed 45 agdinst. (2) No decisi{m tahcn by the Tribunal under this section may be inconsistent with the National Land Tronsport Act, 1998, or the Cross-Border Road Transport ACI, 1998. m the case [nay be. ( 3 ) Any act. direction or decision of the Tribunal under subsection ( I )(b)(i) or (c) will, escep( k)! the put-poses of subsccti(m ( I ), be dcemtxl to be an act. direction or decision 50 x N,). l~)?ll . (GOVERNMENT GAZETIE, 4 SEPTEMBER 1998 ,\L’1 No. 39. 199s ‘1 1< AN SPOR’1” AI} IWA[. TRIBUN AI. A(’T, 1998 Applications for condonation imd suspension

13. The ch:tirpct{km 01” [he Tribunal may, withou( giving pri(w notice [o :my in[ercs[cd I () pwly or hearing Llny such par(y- ([I) grunt an ;Ippiiti:llioll for condonation ol the lale filing [)(” m :ippctll against [he t~c(. direction or decisitm of the Boml or [he Rcgultttory Conln~i([ee, m ttw case may be. provided the [Ippcal is noted in the prescribed lmtinncr and within [he prescribed pcri(xt, or refuse such un :Ipplic:ltitm: or (b) grunt or rd’uw :In applicali(m 10 sLIspcnd lhe operation 01 any utit, clircction tw decision dppculed agtiinst. Prucedure at Appeals 14. ( I ) in order to consider an uppeal before (he Tribunal in terms of this Act, the Tribun:tl mtIy- 15 20 (<I) allow any person di’ected by the appeal or interested therein, or the duty uuthorid representative of any such person, to appe:tr bcl’ore the Tribunal tind— (i) to give evidence or nuke oral representations relevant to the appeal; ( i i ) [o cdl witnesses tind led evidence o n a n y qucsti(m relevant to the 25 ~ippc al; or ( iii) to question arty perwn who testified U[ the appeal; (/?) sLImmons any pers(m who m:ty reasonuhl y be ~ble [o give information (~! m:l(erial inlport:mcc concerning the subject ma(ter OJ [he appeal or who IMS in any such person’s possession or custody or under any such person’s cxmlt-ol 30 tiny book, document or object which nmy reasonably Iwtvc u bcwing on [be subject ma[tel- ol’ [he i~pptal. to appwr betore Ibe Trihuniil: (() di LIpon and xlminiskr :my oath 10, or accept an dlirmation Iron], wy person present :\t the appeal who has or might have been summonscd in terms of’ puragraph (h); (d) question itny pcrs(m who hiis been c;llled upon in terms d’ p~wagraph (() or require any such pcrs(m to produce tiny book. dtwumenl or ohjec[ in any such person’s possession or cust(dy or under any such person’s control which m;Iy reasondlly hNve a bc:wing on the subject nl~[ter of” (Iw :Ippc:I1. (?) A sutnmons Ior a person 10 :Ippear before the Tribunal mus( be— (~{) in the prescribed torn]; (b) signed by the chili rperson of the Tribun:ll (w any other member dcsi:n:itcd b) 35 4() [he ch:lirpcrs(m: and (() served in [he prescribed manner. (~) S u b j e c t IU the provisions 01” subsection (4), the IJW rel:iting [o pritilcge. m 45 :Ipplicahlc to a witness sLImmcmscd 10 give evidence (w to produce any bo[)k. documcnl (w object before a court 01’ I:IWI, will upp[y in respect ol’ (he questioning of ;my person by, {w IIW pr(duc[ion of” :Iny book, document or objec[ before, (be Tribunal in terms ot’ [his scc{i(m, (~) (([) Where. in (crms d (he N~iti(m;~l Lund Transport ,Act, 1998, or the Cmss-Border s() R~xId T r a n s p o r t A{”(, 1998, it would h;ivc been p e r m i s s i b l e It)r the Board (w [he RegUla(OI-y c(m~)niltee. as [he case may be. [0 lake dny person’s road lr:msp<wt I:iw Cnl(wccmcnt prolilc ()!” prtviows tratlic (w [ldllsp~)rl-rel~lted con(mventions inl(> ctmsi& crati(m, tbc Tribunal Inay cx)mpcl any such pcrs(m to give self- itleritllin:ltitlg evidence, but [he pcrs(m presiding al the tippc:Il MUS1 dircc[ that such Cvidcncc wil] be given ill .5S t~l))rcr~( ilt]d tlu( i[ will not be made public in wry tn:mner whatsoever. except by order of” u ct)mpctent C(IUI’I {)r ff~r the purpmds d’ re~’iew or dpped. Ii) N(), 19211 Act No. W, 1998 GOVERNMENT GAZE’ITE, 4 SEPTEMBER 199X TKANSPORT APPEAL TRIBUNAL ACT, 1998 (b) No self-incriminating evidence so given will be admissible as evidence at any proceedings in respect of an otience, except in the case of perjury or any offence under section 15(c)(i), (d) or (e). of fences

15. Any person who- ((1) (b) (c} (d) (e) has been duly summonsed under section 14 and who fails, without sufficient cause— (i) to attend at the time and place specified in the summons; or (ii) to remain in attendance until excused by the Tribunal from further attendance; has been called upon in terms of section 14( I )(c) and who refuses to be sworn or to make an affirmation as a witness; Pails, without sufficient cause— (i) to answer fully and satisfactorily any question lawfully put to any such person in terms of section I 4 (l )(d); or (ii) to produce any book, document or object in any such person’s possession or custody or under any such person’s control which any such person was required to produce in terms of section 14(1 )(d); with intent to deceive the Tribunal, produces before the Tribunal any false, untrue, fiibricated or falsified book or document; or wilfully furnishes the Tribunal with information, or makes a statement before the Tribunal, which is false or misleading, is guilty of an offence and liable on conviction to a tine or to imprisonment for a period not exceeding two years or lU both such fine and such imprisonment. CHAPTER 4 GENERAL Administriition of ‘rribunal 16. ( 1 ) The Director-General must, after consultation with the Tribunal, designate such oficers in the Department of Transport as may be necessary to perform the administrative and secretarial work of the Tribunal. (2) The expenditure incurred in respect of the performance of the Tribunul’s functions will be defrayed from moneys appropriated by Parliament for that purpose. (3) All moneys received by the Tribunal under this Act must be paid into the National Revenue Fund, and the Director-General is the accounting officer of such expended moneys. Regulations 5 i () 15 Z() 25 30 35 17. ( 1 ) The Minister may, after consultation with the Tribunal, make regulations-- ((/) requiring the puyment of fees in connection with any appeal to the Tribunal, and prescribing the amount of wry such fees, the circumstances in which any amount paid by way of any such fees will be forfeited or refunded in whole or 40 in part, the timount of uny such partial refund and the circumstances in which any amount so paid may in the discretion of the Tribunal be forfeited in whole or be refunded in whole or in part; (b) as to the information [o be provided by the Board or the Regulatory Committee to the Tribunal or an appiictint in connection with any appeal, and 45 the manner in which und the time within which such information must be pr{]vided; (i) as to the procedure to be followed by the Tribunal in dealing with any appeal, and the munner in which the Tribunal must give notice of its sittings; ((/) prescribing fees or allowances payable to any person summonsed under 50 section 14( I )(b) to appear before the Tribunal to give evidence or to produce tiny book, document or object; 1~ N{) 192 I I Ad N(). 39, 1998 GOVERNMENT GAZE’tTE, 4 SEPTEMBER 1998 TRANSPORT APPEAL TRIBIJNAL ACT, 1998 (e) (i) m to [he record to be kept of the proceedings at any appeal; ( ii) prescribing the circumstances in which persons alfected by any such appeal u~ill have uccess thereto or will be permitted to make wry copies thereof, requiring the payment of fees in connection with the provision of wry such copies. and prescribing the amount of any such fees; (./) as IO the disclosure of any direct or indirect finuncial or persomd interest which a member of the Tribunal has in any ma[ter to be dealt with by [he Tribunal which may afiect the impartiality of the member concerned; (~) as to any matter required or permitted to be prescribed under this Act by regulation. (~) ‘rhe Minister may not under subsection (I)(u), (d) or (c)(ii) prescribe any fees or allowances, or any circumstmce in which any fees are required or permitted to be relunded or the amount of any refund, except with the concurrence of the Minister of Finance. Repeal of certain provisions of Act 74 of 1977, and savings 5 IO 15 18. ( I ) Subject to the provisions of subsection (3), the provisions of [he Road Transportation Act, 1977, relating to the consideration and determination of appeals by the National Transport Commission are hereby repealed in so far as those provisions relate to— ((1) any matter corresponding to that in respect of which the Board is authorised 20 by law to perform or give any act, direction or decision; (b) any matter corresponding to that in respect of which the Regulatory Committee is authorised by law to perform or give any act, direction or decision. (2) Notwithstanding the repeal of section 8 of the said Act, any appeal noted or commenced thereunder will be continued and concluded as if the repeal had not been etiected. (3) The provisions of— (u) subsection ( 1 )(a) will come into operation on the date on which the National Land Transport Act, 1998, comes into operation; and (b) subsection ( I )(6) will come into operation on the date on which the Cross-Border Road Transport Act, 1998, comes into operation. 25 30 Short title

19. This Act is called the Transport Appeal Tribunal Act, 1998