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Resolving RSA/Lesotho Cross-Border Challenges: NMTT Model, Meeting Directives, and Way Forward

This presentation outlines the oversight visit of the Portfolio Committee on Transport, the NMTT model to resolve the impasse, meeting directives from the Minister of Transport, and the proposed way forward. It also highlights the latest developments and emphasizes the need for cross-border and provincial operators to work together.

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Resolving RSA/Lesotho Cross-Border Challenges: NMTT Model, Meeting Directives, and Way Forward

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  1. Portfolio Committee on Transport Briefing by the National Ministerial Task Team on the RSA/Lesotho Cross Border Challenges 11 August 2015

  2. Presentation Outline • Oversight visit of the PCOT • NMTT Model to resolve the impasse • Meeting with the Minister of Transport • Meeting Directives • CEO and HOD plan to implement directives from the Minister • NMTT Proposed way forward • Latest Developments • Conclusion

  3. Oversight visit of the Portfolio Committee on Transport • The PCOT conducted an oversight visit to the C-BRTA on 25 November 2015, amongst others, to • Acquaint itself with cross-border transport operations and challenges between South Africa and Lesotho, specifically at the Maseru bridge and Ficksburg border posts; and • Make recommendations on how to support compliance with the law in terms of cross-border movements. • The PCOT received briefing from the NMTT and operators representing both the cross-border and provincial taxi sections.

  4. PCoT oversight visit

  5. NMTT Model to resolve the impasse • The model focused on the following key elements for success: • Restoration of law and order • Implementation of verification outcomes • Transition window • Legislative review • Special Dispensation

  6. Meeting held with the Minister of Transport • On 20 May 2015, the NMTT had a meeting with the Minister of Transport to brief her about progress made on resolving the impasse • The Minister was not happy with the progress given indicating that the problem had been going on for far too long • She directed the CEO of the C-BRTA and the HOD of PR&T in Free State to develop a joint plan with specific actions

  7. Meeting Directives • CEO to provide feedback on engagements with MECs of Transport • Ensure visibility of CEO and HOD working together in unison • Develop a collective plan to address the impasse in public passenger operations • Ensure harmonious functioning of law enforcement officers on the ground • Cross border and provincial operators to work together to address the concerns on economic bypass • Conduct workshops with the industry to ensure win-win solutions

  8. Feedback on CBRTA CEO engagements with MECs of Transport

  9. CEO engagements with MECs • The C-BRTA CEO had engagements with MECs of Transport from Eastern Cape, Gauteng, Limpopo, Mpumalanga, Northern Cape and Western Cape • The purpose was to inform MEC’s of the establishment and purpose of the NMTT and to solicit initial input on potential areas for legislative reforms • The MECs - • Concurred with and emphasized the need to work together as transport regulators • Committed to assign relevant officials to participate in future deliberations of the NMTT as and when required • Concurred with the need to work together in ensuring that transport policies are aligned

  10. Ensure visibility of CEO and HOD working together in unison

  11. Strategic Interventions • CEO and HOD to involve SAPS Provincial Commissioner • CEO, HOD and Provincial Commissioner to interact with law enforcement officers • Joint meeting to inform officers of the new approach and culture (Road shows) • Session 1: Commanders • Session 2: All Officers • Opening and closure of training sessions/joint operations • CEO and HOD address law enforcement stakeholders: • LETCOM • PROVJOINTS • BCOCC

  12. Operational Interventions • Develop written agreements and guidelines • Harmonize current Standard Operating Procedures (SOP) • Define joint command structures • Sharing of operations command centers • Clearly demarcate operational areas

  13. Ensure harmonious functioning of law enforcement officers on the ground

  14. Strategic Interventions • Regular joint law enforcement operations • Workshop law enforcement officers on the new working methods • Joint training opportunities and shared resources • Joint street survival team building workshops for law enforcement officers • Development of a code of conduct for all law enforcement officers

  15. Stakeholder Consultations

  16. Stakeholder Consultations The following stakeholders are to be consulted: • Operators (inter- and intra-provincial / cross-border / Lesotho operators) • Department of International Relations and Cooperation • Border Management Agency Project Management Office • Natjoints and ProvJoints • JCPS Cluster (SAPS & State Security Agency)

  17. Stakeholder Consultation - contd • Regulatory authorities (national and provincial) • Local Transport Planning Authorities (municipal and provincial authorities); and • Ministry of Transport: Lesotho (under the leadership of the Minister) • The NMTT needs to present a new approach to the EXCO of Free State Provincial Government

  18. Cross-border and provincial operators to work together to address concerns on economic bypass

  19. Proposed Way Forward • Request the Minister to declare special emergency measures to enable the NMTT to resolve the impasse at the RSA and Lesotho borders • All operations to start at designated areas in RSA: • Maseru / Ladybrand Border Post • Maputsoe / Ficksburg Border • Butha Buthe / Fouriesburg Border Post would start at Caledonspoort. • Wepener / Van Rooyen’s gate would start in Wepener.

  20. Proposed Way Forward cont. • No extension and issuance of Cross Border permits post 18 June 2015 outside the 26 vehicles • Immediate deployment of law enforcement (SAPS, Provincial Traffic and Cross Border Inspectors) to RSA / Lesotho borders • No private security companies to be used in public transport operations • Establishment of the Joint Route and Rank Management Committees • The task team to engage operators at the border posts as from 8 June 2015

  21. Progress on implementation of the NMTT recommendations

  22. Implementation Progress • No temporary cross border permits issued post 18 June 2015 outside the identified 26 vehicles • The NMTT consulted with with RSA operators on 26 June 2015 • Free State provincial operators welcomed the presentation and recommendations • Cross-border operators requested a copy of the presentation to apply their mind and engage with SANTACO and • Cross-border operators committed to revert to the NMTT within 21 days (17 July 2015) - no response to date

  23. Concerns raised by cross border operators • That the NMTT identified only 26 cross border vehicles while one taxi association consists of a minimum of 30 members • Some of the recommendations presented by the task team had already been implemented • That people are frustrated as they are not able to do business due to the suspended issuing of permits • They would have liked the MEC and SANTACO president to be part of the meeting

  24. July Meeting held with the Minister of Transport • On 6 July 2015, the NMTT had a meeting with the Minister of Transport to report back and present the joint plan • The Minister appreciated the report and supported the implementation plan • She emphasised the importance of the C-BRTA and Free State working in unison as these are organs of the same government

  25. Ministerial Directive to the CBRTA Regulatory Committee • On 8 July 2015, the Honourable Minister of Transport issued a directive to the Regulatory Committee to discontinue issuance of cross border permits as per the recommendations of the NMTT • The Regulatory Committee considered the directive on 22 July 2015 • The directive could have unintended consequences if principles of administrative justice are not observed • Resolved to advise the Minister that the instruction be considered as part of special emergency measures in terms of section 46A of the CBRT Act of 1998 and the NLTA • The Agency has initiated the process of declaring special emergency measures and draft Regulations

  26. Latest Developments • In July 2015, the RSA/Lesotho Cross-Border Route Corridor Committee filed an urgent motion in the high court against the Minister of Transport and C-BRTA for suspending the issuance of 14 day permits • The matter was heard on 15 July 2015 but was dismissed on technicality • Indications from the C-BRTA Legal department are that the route committee is still pursuing this matter

  27. Conclusion • Challenges on the RSA/Lesotho borders have been ongoing for more than 16 years • Various efforts were made to resolve the problems but did not yield desired results • Endeavors to get all stakeholders to work together is expected to normalise harmonious cross border passenger operations between RSA and Lesotho

  28. Thank you

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