Economic Regulation of Transport Bill under the spotlight

concurrent jurisdiction 3
29 Dec 2021

Proposed additional amendments to the Economic Regulation of Transport Bill have been drawn up.

The bill was tabled in parliament in January 2020.

The proposed legislation, designed to promote economic growth in South Africa by promoting an effective, efficient and productive transport sector, was published for comment in October 2018.

The bill aims to:

  • consolidate the economic regulation of transport within a single framework and policy;
  • establish the Transport Economic Regulator;
  • establish the Transport Economic Council;
  • make consequential amendments to various other Acts; and
  • provide for related incidental matters.

Speaking during the department’s 2019 Budget Vote Speech in parliament, the transport minister, Fikile Mbalula, described economic regulation as an important lever in “delivering a transport system that enables economic activity and stimulate growth, by giving practical effect to our commitment to lowering the cost of doing business”.

“This starts with eliminating delays and cancellations in our commuter rail network so that those who rely on this mode to get to places of economic activity are able to maximise their productivity by being at work on time,” he said.

According to the minister, the envisaged regulator will level the playing fields in the rail, maritime and roads sectors.

The bill’s memorandum declares that the department aims to achieve a “technically competent, independent and adequately resourced regulator which is well placed to improve economic outcomes in the transport sector”.

In a statement, the portfolio committee on transport indicated that, after considering submissions and subsequent deliberations on the bill, a decision was taken to propose further amendments to the bill.

The proposed amendments seek to provide for the “protection of personal information and the promotion of access to information, provisions that would allow for a phased-in approach of other regulating entities into the economic regulator, further amendments that allows the parliamentary committees responsible for Transport oversight to participate in the appointment of members of the council and amendments that are consequential in Schedule1 of the Bill amending the National Ports Act”.

Comment is invited until 4 February 2022.

Meanwhile, the transport department has, in Government Gazette 45648, published proposed amendments to Civil Aviation Regulations for comment.

The draft Regulations were drawn up in terms of the Civil Aviation Act.

Draft Technical Standards have also been published for comment.

Comment is invited until 14 January 2022.

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(This article is provided for informational purposes only and not for the purpose of providing legal advice. For more information on the topic, please contact the author/s or the relevant provider.)
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