TAXI: CROSS BORDER ISSUES

1. TAXI: CROSS BORDER ISSUES PRESENTATION

2. BACKGROUND • The cross border operations are regulated by the Cross Border Road Transport Act in particular to regulate the transportation of passengers and their personal belongings or freight for reward to and from the Republic, crossing or intending to cross its borders into the territory of another state or in transit across the republic or the territory of another state with a vehicle on a public road.

3. MANDATE OF CBRTA The agency derives its mandate from the Cross Border Road Transport Act, 4 of 1998 as amended. In order to discharge its mandate the agency therefore has to: • Provide advisory function to the Minister of Transport on issues relating to cross border road transport policy; • Regulate access to the cross border road transport market through a permit administration process;

4. MANDATE OF CBRTA Cont. • Facilitate the establishment of cooperative and consultative relationships between public and private sector institutions with an interest in cross border transport; • Collect, process and disseminate relevant information; • Provide training, capacity building and promotion of entrepreneurship in response to small, medium and micro enterprises with an interest in cross border transport; and • Monitor operator compliance through execution of law .

5. PROBLEM STATEMENT The operations within the cross border falls squarely on the competency of the Cross Border Road Transport Agency and its Board which is responsible for the issuance of permits. The issuance of such permits by Cross Border Road Transport Agency made matters worse for the Free State operators as their counter parts deserted them and acquired permits from the agency; Consequently, the Free State operators lost operational opportunity to cross border permit holders who are said to be operating from residential places and undesignated ranks in Lesotho.

6. PROBLEM STATEMENT Cont. • Since the establishment of CBRTA in 1998, various problems were experienced by Free State / Lesotho Operators. • This led to the destruction of property, loss of lives and the refusal of the Free State Operators to allow their Lesotho counterparts to ply their trade in the RSA.

7. PROBLEM STATEMENT Cont. • It is common cause that Lesotho and the Republic of South Africa are signatories to the Memorandum of Understanding on Road Transportation between the Governments of Botswana, Lesotho, Namibia, South Africa and Swaziland (the SACU MoU) and to the Southern African Development Community, Protocol on Transport, Communication and Meteorology (the SADC Protocol).

8. PROBLEM STATEMENT Cont. • Passenger Transport of the two countries has in the past been involved in fiercely transport dispute regarding the operations connecting and linking the two countries. • This conflict has been going on for years and resulted in a number of casualties and deaths.

9. MEMORANDUM of AGREEMENT • In 2005 a watershed MoA was entered into between the South African Bus Association (SABOA), the South African National Taxi Council (SANTACO), the Lesotho Passenger Transport Cross Border Association (LPTCA), Cross Border Bus Operators to Lesotho and Cross Border Taxi Operators to Lesotho. (ANNEXURE TJP1, 2, 3 &4) • This agreement brought peace and stability in the operations between the two countries as parties recognised the importance of the passenger flow.

10. MEMORANDUM of AGREEMENT cont. • This agreement places certain responsibilities to both parties amongst others: • Establishment of the joint route management committee • Management and operations of ranks and departure areas. • Permits.

11. MEMORANDUM of AGREEMENT cont. • In terms of the 2005 agreement the following were agreed; • Maseru / Ladybrand Border Post the joint South Africa and Lesotho taxi operations would start in the South African side. • Maputsoe / Ficksburg Border Post the joint South Africa and Lesotho taxi operation would start in the South African side; whereas • ButhaButhe/ Fouriesburg Border Post the joint South Africa and Lesotho taxi operation would start in the Lesotho side. • It is important to state that the main Cross Border operations problems are encountered in the area of ButhaButhe/ Fouriesburg border post.

12. RSA/LESOTHO RELATIONS • Notwithstanding public transport impasse the parties recognise the need for co-existence and cooperation. • There is close connectivity between the two countries, in that a large number of Lesotho citizens are employed in various provinces of the Republic of South Africa and regularly commute between the two countries.

13. COMPLAINTS BY FS TAXI INDUSTRY The Free State Taxi industry raised the following challenges that led to the dispute; Free State operators constrained in implementing the Cross Border Road Transport Act in its current form thus calling for more input to be made by stakeholders involved in the industry Lesotho operators not allowed to do any operations in South Africa except for special trips.

14. COMPLAINTS BY TAXI INDUSTRY Cont. • South African operators are confronted with insurance premiums should they operate across Lesotho as per the determination of the Cross Border Road Transport Act, The indiscriminate issuance of Operating Licences/Permits by the Lesotho Licensing Board without any consultations with their South African counterparts

15. COMPLAINTS BY FS TAXI INDUSTRY Cont. • Lesotho authorities (Police) expect South African operators to hold Cross Border Permits when they operate from Lesotho. • South African operators assaulted in Lesotho (cases reported to the Lesotho police but not followed up). • Initially, Lesotho operators had only one route but the Lesotho Licencing Board increased the routes to four (4) without consultation with their South African counterparts

16. INTERVENTIONS BY FREE STATE GOVERNMENT • During the sustenance of this agreement signed in 2005, parties operated in an unhindered way and only in 2009 the ugly head of violence in the cross border operation emerged once again. • Several meetings were subsequently convened with taxi operators to find solutions. e.g. ANNEXURE TJP5 & 6 • It’s important to note that CBRTA has in all instances been reluctant to cooperate in finding the solution.

17. INTERVENTIONS BY FREE STATE OVERNMENT Cont. • Many stakeholders such as the High Commissioner of South Africa to Lesotho, Honourable Mayors of Setsoto and Mantsopa Local Municipalities, the Speaker of Motheo District Municipality, Free State Deputy Commissioner, the Chairperson of the Portfolio Committee on Community Safety and Security as well officials in the Department made an earnest attempt to resolve the impasse. • The former MEC’s and the current Premier engaged with the former and current Ministers of Transport and CBRTA CEO’s to no avail. ANNEXURE TJP7 and response ANNEXURE TJP8 • Former MEC made similar attempts to resolve the matter, ANNEXURE TJP9 & 10

18. INTERVENTIONS BY FREE STATE OVERNMENT Cont. In many of the meetings the under mentioned was proposed: • The suspension on the implementation of the Cross Border Road Transport Act • Issuing of permits by the Cross Border Agency be looked into • Operations at the mouth of the border to be streamlined • Consultation with the Cross Border Road Transport Agency be expedited

19. SHORT COMINGS • It is clear that most of the proposals were not accepted by all stakeholders hence the re-emergence of the same tensions and sporadic violence. • It is the Free State Taxi operators view that the National Department of Transport does not take their business serious despite them having complied with transport policies relating to formalization, conversion and taxi recapitalization programme. • The situation was exacerbated by reported hardened attitudes displayed by the National officials. ANNEXURE TJP 11, 12 & 13

20. SHORT COMINGS Cont. • Attempts were made to seek approval and principle decision from the Executive Council, to support operators engaged in cross border operations and engage the NCOP and related transport authorities for an amendment of the Cross Border Road Transport Act in as far as it affects the operations. ANNEXURE TJP14 • In compliance with the agreement signed in 2005, the Department has made a number of investments in the construction of transport facilities particularly in Setsoto, Naledi and Manstopa Local Municipalities in an effort to enhance operations and preserve peace in the cross border operations.

21. EFFORTS BY CBRTA, DoT & FS In the very recent meeting between FS DoT and CBRTA the following resolutions were taken and never implemented due to the failure on the part of other provinces and CBRTA: ANNEXURE TJP 15, 16, 17, 18 19 • Provinces to submit the names of associations/operators • CBRTA to provide list of operators on its data base. The list to be forwarded to Provinces OLB’s. • Evaluation and alignment against the NLTTA & Cross Border Act. • Educating and buy-in, for operators. Road Shows (NLTTA) Cross Border Act. • Control/Management of facilities

22. EFFORTS BY CBRTA, DoT & FS cont. • The implementation of the Cross Border Road Transport Act on the 27 the February 2009 be suspended. • Issuing of permits by Cross Border Road Transport Agency be looked into. • That we revert to the Ad Hoc Agreement of 2005 and see how successful it could be implemented. • Needs to be mentioned that the Lesotho operators are also not homogeneous about the Cross Border operations, ANNEXURE TJP 20

23. WAY FORWARD • The MEC to table the matter before Minmec • The HoD to also put the matter before the COTO • Continuous consultations by the Cross Border Road Transport Agency with stakeholders to be expedited. • The operation at the mouth of the border and the Border Box be streamlined.

24. THANK YOU