National Road Traffic A/B; Economic Regulation of Transport Bill & National Land Transport A/B: deliberations; Report on International Civil Aviation Convention; Okhahlamba Residents Petition

Meeting report

National Road Traffic Amendment (NRTA) Bill: final consideration of updated list of amendments
Ms Phumelele Ngema, Parliamentary Legal Advisor, explained that the most recent set of changes had been to update the memorandum of objects and arrangement of sections to reflect the changes to the clauses that the Committee had requested. She read through the A-list in its entirety, discussing the background and significance of the changes, where appropriate.

Mr C Hunsinger (DA) drew attention to the fact that the definition of ‘motor vehicle’ appeared to exclude trucks, while clause 37 dealt with unlicensed motor vehicle drivers. An alignment issue would need to be looked at during clause-by-clause deliberations.

Mr K Sithole (IFP) asked whether the reference to ‘traffic wardens’ in clause six was also meant to refer to reserve traffic wardens, given that clauses 2-5 had been amended to include specific reference to reserve traffic wardens. There were many reserve traffic wardens, especially in municipalities. Would they now become nationally centralised?

Adv Johannes Makgatho, Chief Director: Road Regulation, Department of Transport (DoT), replied that municipalities and provincial authorities would still be able to appoint reserve traffic wardens.

The Committee accepted the most recent changes as presented.

Ms Valerie Carelse, Secretary, Portfolio Committee on Transport, explained that the next stage in the processing of the Bill would be clause-by-clause deliberations, followed by the adoption of the Committee Report on the Bill. She expected that the proofs could be circulated to Committee Members by the end of the week.

Economic Regulation of Transport Bill: feedback and presentation on updated list of amendments
Ms Thiloshini Gangen, Parliamentary Legal Advisor (PLA), thanked the Committee for its patience after the finalisation of the A-list had been delayed. It had now been finalised.

Ms Raksha Haricharan, State Law Advisor, read through the updated A-list, drawing attention to the latest changes, which included:

- the introduction of a definition of ‘President’;
- more specific conditions on the ceding of infrastructure access rights to third parties; and
- provision for a person being investigated in terms of the Economic Regulation of Transport Act, to participate in a voluntary inspection prior to being served with a subpoena.

The Committee accepted the most recent changes as presented.

Feedback from PLA on draft list of amendments to National Land Transport Amendment Bill: matters pertaining to the President’s reservations on the Bill
Ms Noluthando Mpikashe, Parliamentary Legal Advisor, recalled that the President’s reservations had been that certain parts of clause seven might contravene the Constitution by providing for national and provincial government to assume powers of local government. The proposed changes to clause 7 to address the President’s reservations were:

- the deletion of paragraph (a);
- the deletion of paragraph (b);
- the substitution of paragraph (h)(xxvi) with a new paragraph that did not require contracts signed by municipalities to meet conditions prescribed by the Minister;
- the deletion of paragraphs (i)-(m);
- the deletion of provisions in paragraph (n) that would require contracts signed by municipalities to meet conditions prescribed by the Minister; and
- related editorial amendments.

Mr Hunsinger asked for confirmation that these proposed changes would address the President’s reservations.

Ms Mpikashe replied that they would ensure the Bill was constitutionally sound. The provisions empowering national and provincial government to intervene in public transport contracts entered into by municipalities had been removed. Provinces could intervene only through section 139 of the Constitution, as before.

The Committee accepted the proposed changes.


Consideration of Committee report on Protocols relating to the Amendments to Articles 50(a) and 56 of the Convention on International Civil Aviation (the Chicago Convention)
The report recommended that the National Assembly approve changes to the Convention, which would increase the number of states on the International Civil Aviation Organisation (ICAO) Council from 36 to 40, and the number of states on the ICAO Commission from 19 to 21.

The report was adopted.

Consideration of draft report on the petition from residents of Okhahlamba Local Municipality
Adv Alma Nel, Content Advisor, Portfolio Committee on Transport, presented the report, which summarised the contents of the petition, the Committee’s visit to the municipality and the municipality’s road maintenance budget.

The Committee observed:

- On the R74: numerous specific cases of serious road damage and poorly built infrastructure, no enforcement of the prohibition on trucks using the road, and inadequate facilities for traffic officers operating a stop-go system;
- On the road between Kwayima and Bonjaneni: numerous potholes and temporary stormwater drainage cutouts, but also evidence of ongoing maintenance;
- On the R304: a portion of the road had fallen away near the Tugela River bridge;
- On the road from Mazizini to Zwelisha: poor road conditions, including potholes and strips of degraded road. The community reported that the condition of the road had been poor since as long ago as 1990;
- On the R600: poor road conditions, including numerous potholes and pushed up strips of tar, posing serious danger to farmers, tourists and workers and affecting their businesses and access to emergency services. The municipality did not respond to complaints; and
- That members of Okhahlamba Local Municipality and senior officials from the Kwazulu-Natal (KZN)  Department of Transport had not attended the Committee’s site visits.

The Committee recommended:

- That the DoT and the KZN Department of Transport report to the Committee monthly on progress toward repairing the roads mentioned in the petition;
- That the DoT report to the Committee when provincial and municipal roads are transferred to the South African National Roads Agency Limited (SANRAL);
- That the DoT and the KZN Department of Transport furnish the Committee with information on the construction, contractors used and budget spent on the roads mentioned over the last ten years, and the estimated cost to repair them; and
- That the DoT and KZN Department of Transport report on all complaints received about the condition of these roads over the last five years.

Discussion
Mr I Seitlholo (DA) observed that provincial transport authorities and municipalities received road maintenance grants from the national Department. This meant that the national Department was responsible for seeing that these grants returned value for money. There was a clear disconnect in the relationship between the spheres of government when it came to road maintenance. He argued that the absence of the municipality and senior provincial transport officials from the Committee’s visit had been deliberate. These officials had known that they would be unable to explain the disconnect between the value of the grants they had received and the poor condition of the roads. The Department must deal unapologetically with provinces and municipalities that could not spend their grants effectively. There was clear evidence of incompetence. How had these contractors been appointed? The Committee should also look at the impact of poor roads, not only on the economy but on ordinary life. For example, how could it be, 28 years into the democratic era, that people still had to carry a loved one’s coffin along the road by hand because the hearse could not use the road? The Department must take action against incompetent provincial and municipal authorities.

Mr L McDonald (ANC) warned that these roads would lead to deaths. Despite the seriousness of the damage, trucks continued to use the R74 to bypass tollgates. These trucks further destroyed the roads, and the truck operators did not care. The Committee had been told that a traffic officer would be dispatched to prevent trucks from using the road, and that facilities would be provided, but he had been unable to confirm whether this had actually happened. The Committee should not tolerate the snub by the KZN Department of Transport.

Ms M Ramadwa (ANC) recommended that the Committee meet urgently with the Department to address its observed issues.

Mr Sithole agreed that the condition of the roads in Okhahlamba had been terrible and that the relationship between the spheres of government was poor.

Mr P Mey (FF+) agreed with other Members’ observations, but argued that provinces and municipalities simply did not have the capacity to maintain or upgrade the roads. All roads should be transferred to the South African National Roads Agency Limited (SANRAL).

Mr M Chabangu (EFF) said that the officials of Okhahlamba had disrespected the Committee. These officials should be summoned to Parliament and cautioned, and they should be punished. They had ignored the Committee’s instruction to prohibit trucks from using the R74. They had not provided adequate facilities for traffic officers.

Adv Nel said that she would draw up further recommendations based on the discussion:

- A follow-up meeting with the DoT, the KZN Department of Transport and the Okhahlamba Local Municipality should be organised;
- The relationship between the spheres of government must be improved;
- Trucks must be prevented from using the R74; and
- The DoT must deal firmly with provinces that were unable to use road maintenance grants effectively.

Consideration of draft report on oversight visit to Mpumalanga, North West and Kwazulu-Natal
Adv Nel presented the draft report.

Mpumalanga
The report included background on the proposed Moloto Rail Corridor leading up to the 2018 National Treasury decision that the project was not affordable. It discussed the Committee’s meeting with Moloto Corridor Concerned Residents (MCCR), where it had explained that investments would be made to improve the R573 instead. The Committee undertook to provide feedback within 30 days on the MCCR’s concerns about the Public Utility Transport Company (PUTCO) bus contract that had been in place since before 1994.

North West
The report included substantial detail provided by the Rustenburg Local Municipality on implementing its bus service, alongside information gathered by the Committee during its visit.

The Committee observed that:

- infrastructure was incomplete, in need of maintenance, or had been vandalised. Members had expected to find completed stations, operational bus services and minimal issues, given how long the project had been running, and expressed their disappointment;
- some taxis stored at a municipal depot were registered as panel vans, and might have been illegally converted; and
- there was instability and insufficient experienced staff in the management of the project.

The Committee recommended that:

- funding for the project should be halted if permanent management appointments were not made within three months;
- buses should be running within three months, and funding should be halted if buses are not running within six months; and
- no more money should be spent on infrastructure, and the municipality should start offering services immediately to generate revenue.

In connection with its meeting with the North West Department of Public Works and Roads, the Committee observed that:

- The Provincial Road Maintenance Grant (PRMG) figures provided differed from the figures provided by National Treasury and the Department of Transport;
- contractors must be sufficiently capacitated and in a position to complete contracts without liquidity problems; and
- the Minister should have attended the meeting, given that the Department was under administration.

The Committee recommended that:

- the province should match the PRMG and equitable share with their own funding for road maintenance;
- the province should increase law enforcement to monitor overloading on roads; and
- the province should put plans to escalate the repair of economically important roads.

The Committee also made unannounced visits to the Rustenburg Municipal Fleet Management Depot, where vehicles to the value of over R430m had been stored after procurement irregularities had been discovered, and to Rustenburg Traffic Department. Both sites showed signs of neglect.

Kwazulu-Natal
In connection with the Msunduzi bus rapid transport project, the Committee observed that:

- at Moses Mabhida Road and Sutherland Road, dedicated bus lanes had been constructed, but the construction of the station had not begun yet;
- at Moses Mabhida and Archie Gumede Drive, traffic signals were not working due to cable theft;
- at a third site, there were various delays related to the environmental impact assessment; and
- in general, it was unclear why the suspended grant should be reinstated, given the apparent inability of the municipality to maintain and protect the infrastructure it had.

The Committee recommended that:

- the financial figures provided must be verified;
- permanent appointment of appropriately skilled officials must be made;
- the municipality should roll out services using the infrastructure it has; and
- if the grant is reinstated, the municipality must report monthly to the Committee.

Discussion
Mr Seitlholo confirmed that the report accurately reflected the observations made by the Committee during its oversight. He requested an addition to the recommendations section to reflect that the number of bus stops that had actually been constructed was far fewer than the number claimed. The Rustenburg Local Municipality should tell the Committee exactly when the buses would be running.

The problem of trucks using local roads to avoid tollgates was a knock-on effect of the fact that municipal vehicles were stuck in the depot because of tender irregularities. The municipality should be pressed to resolve this issue.

The North West Department of Public Works and Roads had a major spending problem -- of the R7bn it had received through PRMGs over the years, it had sent back R2bn unspent. Roads in the province being upgraded from gravel to tar and the budget being allocated to each such road also needed to be looked into. There was a contract, the cost of which had been incorrectly advertised and was now the subject of litigation.

The biggest concern was that the province was not budgeting for road maintenance but had come to rely entirely on the PRMG. The claim that only 20% of the PRMG could be used for gravel-to-tar upgrades should be verified. Another big concern was that contractors tended to abandon projects before they were completed. If SANRAL took over responsibility for roads in the province, how much would be taken over and what were the budget implications?

Mr McDonald observed that it would have been nice if the Committee had known that the Minister would put the Moloto Rail Corridor back on the table in his budget speech, after the MCCR had been told that it was off the table. The Department must give a comprehensive briefing on the PUTCO bus contract urgently. He insisted that the time for testing buses in Rustenburg was over, and the bus services must be opened.

Mining companies that allowed their trucks to use local roads, damaging them while making enormous profits, should be ashamed of themselves. These companies must start contributing to the country’s roads. Mr McDonald supported the reinstatement of the public transport network grant for Msunduzi as long as they re-looked at certain design problems, such as the fact that the bus route did not connect with the railway.

Mr Sithole said that the Committee had been treated badly by officials in the North West. The conduct of the officials there had been very disappointing. It was unacceptable that R430m worth of vehicles could not be used because of procurement irregularities. The Committee should do another unannounced visit to the North West. It was deteriorating and needed strong leadership. The Committee should also return to Msunduzi. The Committee’s help was required there, so that the people did not end up being punished because of officials’ maladministration. He also observed that road damage caused by heavy vehicles was a nationwide problem.

Mr Mey observed that the state of Rustenburg was such that a forensic investigation was called for.

Adv Nel confirmed that she would add further recommendations, based on the discussion:

- Rustenburg Local Municipality must provide a confirmed record of the number of completed stations and stops, tell the Committee when it would begin operating the service, and report on the status of the vehicle fleet and when it was expected to be finalised; and the DoT must improve PRMG expenditure oversight;

- North West Department of Public Works and Roads must report on the spending on road upgrades;
the DoT must brief the Committee on its plans for the Moloto Rail Corridor and the PUTCO bus contract, and on how the mining industry might make compensation for roads damaged by its trucks;
there should be improved coordination in the North West for road repairs and public transport provision; and a forensic investigation should be done at Rustenburg.

Adv Nel also recalled that the PRMG spending limit for road upgrades had been reported as 25%, but this applied to a form of paving, not necessarily tarring, and that SANRAL had indicated that it would not increase the length of its network beyond 35 000km.

Mr L Mangcu (ANC) pointed out that mining companies might not be directly responsible for these trucks. They might belong to suppliers or contractors, in which case the mining industry could be expected to resist being asked to contribute. The real problem that needed to be solved was inadequate law enforcement.

Outstanding minutes were adopted, and the meeting was adjourned.