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Repeal of Railway Construction Acts and National Roads and Transport Act Amendments

This presentation discusses the need for the repeal of certain Acts administered by the Department of Transport in South Africa, specifically focusing on the Railway Construction Acts and National Roads and Transport Act Amendments. The identified statutes are deemed obsolete, unnecessary, or inconsistent with the Constitution.

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Repeal of Railway Construction Acts and National Roads and Transport Act Amendments

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  1. PRESENTATION TO THE SELECT COMMITTEE ON PUBLIC SERVICES TRANSPORT LAWS REPEAL BILL, 2010 12 OCTOBER 2010

  2. BACKGROUND  The South African Law Commission (SALC) was mandated with the task of revising the South African Statute book with a view to identify and recommend for the repeal or amendment of legislations or provisions that are inconsistent with the equality clause in the Constitution or legislations that are redundant and obsolete.  SALC in collaboration with the Department conducted a research and established that there are 2800 Acts in the statutes book and 218 were identified as Acts administered by the Department of Transport.  The outcome of the research was that, there are statutes administered by the Department of Transport that need to be repealed wholly and others to be repealed partially.  Legislation identified for repeal are selected on the basis that they are no longer of practical utility, no longer have any legal effect, are spent, unnecessary and obsolete.

  3. BACKGROUND (Cont …)  In the context of this investigation, the Statutory Law Revision also targets statutory provisions that are at odds with the Constitution. There are 51 Acts which we request the select committee to approve their total repeal and 14 Acts which we request the Select committee to repeal certain provisions of such Act. The reasons for the repeal of this Acts are as follows:

  4. Railway Construction Acts  Statutes Recommended for repeal under this heading are the following: Railway Construction Act, 1945(Act No. 17 of 1945) Railway Construction Act, 1957(Act No. 49 of 1957) Railway Construction Act, 1960(Act No. 21 of 1960) Railway Construction Act, 1968(Act No. 38 of 1968) Railway Construction Act, 1971(Act No. 82 of 1971) Second Railway Construction Act, 1971(Act No. 83 of 1971) Railway Construction Act, 1973(Act No. 71 of 1973) Railway Construction Act, 1980(Act No. 65 of 1980)

  5. Railway Construction Acts (Cont…) Railway Construction Act, 1981(Act No. 30 of 1981) Second Railway Construction Act, 1980(Act No. 61 of 1981) Railway Construction Act, 1982(Act No. 7 of 1982) Second Railway Construction Act, 1982(Act No. 75 of 1982) Railway Construction Act, 1985(Act No. 75 of 1985)  Second Railway Construction Act, 1985(Act No. 94 of 1985) Railway Construction Act, 1972 (Act No. 77 of 72). Sishen-Saldanha Bay Railway Construction Act, 1973 (Act No. 23 of 1973)

  6. Railway Construction Acts (Cont…)  The above statutes makes provision for the construction of Railway lines/s. Each of these Statutes specified either in their long titles or Schedules the place/s where such construction should take place, the cost, the length of such railway lines.  These statues were enacted for specific purpose, and are therefore spent obsolete and are recommended for repeal.

  7. Railway Expropriation Act, 1955(Act No. 37 of 1955)  This Act had 19 Sections and 17 of the sections were repealed by various legislations such as The Railways & Harbours & Management Consolidation Act No. 70 of 1957, the Expropriation Act No. 63 of 1975 and the Railway and Harbour Amendment Act 46 of 1975 and the General Laws Amendment Act No. 49 of 1996.

  8. Railway Expropriation Act, 1955(Act No. 37 of 1955)(Cont...) The only substantive provision remaining in addition to the short title and date of commencement is section 15 which was amended by section 10 of the Railway and Harbour Acts Amendment Act No. 6 of 1965 and then substituted by section 4 of the Railways and Harbours Act Amendment Act 46 of 1975. Section 4 of the latter Act was then repealed by the Repeal of Laws Act No. 94 of 1981.

  9. Railway Expropriation Act, 1955(Act No. 37 of 1955)(Cont…) The application of section 15 depended on the existence of section 2 of the principal Act and this subsection no longer exist, thus section 15 serves no purpose, then the entire Act should be repealed.

  10. National Roads and Transport Act (Co-ordination) Amendment Acts Legislation recommended for repeal as a whole under this heading are the following; National Roads and Transport Act (Co-ordination) Amendment Acts(Act 51 of 1957) National Road and Transport (Co-ordination Amendment Act 1962, Transport (co-ordination)Amendment Act 59 of 1971

  11. National Roads and Transport Act (Co-ordination) Amendment Acts (Cont...) These legislations were enacted to amend the National Roads Act of 1935 and the Transport Co-ordination Act of 1948. Section 1 to 6 of the 1957 Act was repealed by section 29(1) of Act 54 of 1971. The remaining section 7 amended section 6 of Transport (Co-ordination) Act 44 of 1948.  These legislations were repealed by the Transport Deregulation Act of 1988 and the Cross-Border Road Transport Act of 1998.

  12. National Roads and Transport Act (Co-ordination) Amendment Acts (Cont…) The purpose of the Transport (Co-ordination ) Amendment Act 1971, Act No. 59 of 1971 was to amend the provisions of the Transport (Co- ordination) Act of 1948 (Act 44 of 1948) and the said 1948 Act was repealed by section 2(1) of the Transport De regulation Act 80 of 1988. Subsection 2 to 8 made provision for continued existence of the Transport Commission. Section 58 of the Cross Border Road Transport Act No. 4 of 1998 amended the remaining provisions of the Transport (Co- ordination)Act 1948. In the light of this revocations this act is recommended for repeal.

  13. Merchant Shipping (certificates of competency)Amendment Act, 1957 (Act No.49 of 1957)  The above Act amended sections 8, 16, 18 and 19 of the Merchant Shipping Certificate of Competence Act, 1925 (Act 45 of 1925) (“the principal Act). Merchant Shipping Act 57 of 1951 was amended by Merchant Shipping Amendment Act 30 of 1959 as follows, by amending the first schedule to the Merchant Shipping Act 57 of 1951  Schedule 1 of the Merchant Shipping Act, 1951 has been amended by repealing wholly or partly the laws mentioned in the said Schedule 1. Merchant Shipping Certificate of Competence) Act, 1925 (Act 45 of 1925) (“the principal Act”) is therefore is repealed as a whole in Schedule 1 Thus we say Merchant Shipping Amendment Act No 48 of 1957 is redundant because it does not serve any purpose and it refers to an Act which no longer exist and that it principal Act as repealed in schedule I by section 43 of the Merchant Shipping Act 30 of 1959.

  14. Railway Purchase Act, 1971 (Act No.25 of 1971  This Act had two objectives which are to authorize the President to cause to be purchased from the Electricity Supply Commission a railway of approximately forty-eight km from a junction at Broadsnyersplaas station to a terminal point on farm Tweenfontain District of Middleburg in the Province of the Transvaal at a cost not exceeding four million. The Act empowered the President to initiate the construction and equipment of all sliding, stations building and other appurtenances necessary for the aforesaid railway line. This powers were exercised and the legislation has served its purpose.

  15. National Road Safety Amendment Acts.  The legislation recommended for repeal under this heading are the National Road Safety Amendment Act No. 46 of 1974, and the Amendment Act No. 40 of 1976  The two amendment Acts amends various sections of the National Road Safety Act No. 9 of 1972.  The National Road Safety Act No 9 of 1972 has been repealed by the National Road Traffic Act No. 93 of 1996 as will be amended by section 39 of Act No. 21 of 1999. The two legislation will became obsolete when Act 21 of 1999 comes into operation by the end of October 2010 by proclamation.

  16. Saldanha Bay Habour Acquisition and Equipment Act 1976. This Act was enacted for the purpose of empowering the Administration to acquire and Equip the Harbour of Saldanha Bay in the Province of Good Hope. This Act has become spent and is recommended for repeal.

  17. South African Transport Services Acts.  Legislation recommended for repeal as a whole under this heading are: South African Transport Services Amendment Act No.13 of 1983 Amendment Act No. 5 of 1984 Second Amendment Act No. 93 of 1984 Amendment Act No. 44 of 1985 Amendment Act No. 46 of 1986 Amendment Act No. 91 of 1987

  18. South African Transport Services Acts. The provisions of Act 13 of 1983 were repealed because all the statutes which were amended by Act No. 13 of 1983 were repealed. The commencement provisions of this Acts become spent when the sections referred therein came into operation, there fore, Act 13 of 1983 serves no purpose. All the acts amended by Act No. 5 of 1984 have been repealed. Therefore Act No. 5 of 1984 ‘s existence serves no purpose

  19. South Africa Transport Services Acts.(Cont…)  The Second South Africa Transport Services Amendment Act 93 of 1984 amended the South African Transport Services Act 65 of 1981 and this Act was repealed by the Legal Succession to the South African Transport Services Act No. 9 of 1989. Thus the Amendments effected by this Act 93 of 1994 have ceased to have any practical value and requires to be repealed. The South African Transport Services Amendment Act 46 of 1986 repealed three sections of Act 65 of 1981. Act No 65 of 1981 was repealed by Act No. 9 of 1989, therefore there is no principal Act to which these amendments apply, thus it should be repealed.

  20. South Africa Transport Services Acts.(Cont…) South African Transport Services Act No. 91 of 1987 was repealed by Act 41 of 1988 and Act 49 of 1996. The remaining sections amended the Railway and Harbours Pensions for Non Whites Act of 1974 and the Transport Services Act 65 of 1981, both this Acts were repealed, thus we recommend that Amendment Act 91 of 1987 be repealed.

  21. Railways and Harbour Strike and Services Amendment Act, 1914 (Act No.7 of 1914)  This Act was promulgated after the strike involving employees of the Railways and Harbours which took place in January 1914.  The object of the Act was to reward employees of the Railways and Harbours who during the strike continued to perform their duties.  It makes provisions for bonuses for employees who remained faithful to their conditions of service during the strike.  This Act is outdated as strikes today are governed by the Labour Relations Act in various working sectors. It is therefore recommended that this Act be repealed as a whole.

  22. Railway and Harbour Acts Legislations recommended for repeal as a whole under this heading are the following Railway and Harbours Act Amendment Act No. 54 of 1964 Railway and Harbours Act Amendment Act No. 18 of 1966 Railway and Harbours Act Amendment Act No. 33 of 1972 Railway and Harbours Act Amendment Act No. 47 of 1973 Railway and Harbours Act Amendment Act No. 44 of 1974 Railway and Harbours Act Amendment Act No. 46 of 1975 Railway and Harbours Act Amendment Act No. 8 of 1976 Railway and Harbours Act Amendment Act No. 69 of 1977 Railway and Harbours Act Amendment Act No. 64 of 1978 Railway and Harbours Act Amendment Act No. 80 of 1979

  23. Railway and Harbour Acts(Cont…) The only remaining section in the Railways Harbours Act Amendment Act 54 of 1964 is section 9. Section 9 of Act 54 of 1964 amended section 1 of the second Railway construction Act of 1963. The second Railway construction Act of 1963 is recommended for repeal as a whole in schedule 1 of this Bill, therefore, the remaining section 9 of this Act will serve no purpose as it was dependent on the existences of the second Railway construction Act of 1963. Act 18 of 1966 had 14 sections and 13 of the said sections were repealed by various Acts. The remaining section is section 14 which contains the short title of the Act which only labels the name of the Act. We therefore request that the whole Act be repealed for it serves no purpose.

  24. Railway and Harbour Acts(Cont...) The Railway and Harbours Act Amendment Act No. 33 of 1972 had 17 sections. Section 1 to 5 and 15 were repealed by Conditions of Employment Act 16 of 1976 and the provisions of the South African Transport Services Acts 65 of 1981 and the General Laws amendment Act 49 of 1996.  The remaining section are section 6, 7, 9, 10, 11, 12, 13, 14, and 17 and are still in force. These sections are recommended for repeal for the following reasons. These remaining sections were amending certain sections of the Level Crossing Act 41 of 1960 and the Railways and Harbours Pensions Act 35 of 1971. These Acts are already repealed by Transnet Pension Fund Act 62 of 1990 and Proclamation No. 1121993 of 1993.

  25. Railway and Harbour Acts(Cont...)  Sections 1 to 13 and 19 of the Railway Acts Amendment Act 47 of 1973 was also repealed by Act 65 of 1981. Section 14, 15,16 and 17 were aimed at amending Railways and Harbours Pension Act 35 of 1971 and that Act was repealed by Transnet Pension Fund Act 62 of 1990, therefore Act 47 of 1973 become redundant and should be repealed.  Railways Harbours Acts Amendment Act, 1974 (Act 44 of 1974) and Act No. 46 of 1975, and Act 89 of 1976.

  26. Railway and Harbour Acts(Cont...) These Amendments Act are recommended for repeal because some sections within this Acts were repealed by various legislation. The remaining sections in the two acts were amending certain section of the Level Crossing Act 41 of 1960, Railway Harbour Act Amendment Act 41 of 1969 and all this Acts were ultimately repealed by Transnet Pension Fund Act No. 62 of 1990. Therefore the sections in these Acts do not serve any purpose and can be repealed.

  27. Railways and Harbours Acts Amendment .  The Railway and Harbours Act No. 8 of 1976 was repealed by various statutes and the remaining sections amended certain section of other Acts such as the Railways Construction Act, Viz. Act 57 of 1961, Act 58 of 1963, Act 5 of 1965 and Act 17 of 1966 and Act 82 of 1971. All these Acts are recommended for repeal in schedule one of the Bill, therefore the remaining sections of Act 8 of 1976 will serve no purpose as the acts they were amending are recommended for repeal  Railway and Harbour Acts Amendment Act 69 of 1977 has only section 21 remaining and all others are repealed already by other Acts. Section 21 amended Railway Construction Act 38 of 1968. Act 38 of 1968 is recommended for repeal and all reference to it in other statutes should be repealed. Thus section 21 should be repealed

  28. Railways and Harbours Acts Amendment Act 64 of 1978 and Act No 80 of 1979  The remaining Provisions of Act 64 of 1979 and Act 80 1979 were repealed by Transnet Pension Funds Act 62 of 1990. Therefore we recommend for their repeal from the statute Book as their remaining Provisions serves no purpose.

  29. Railway and Harbour Services and Superannuation Fund Acts  Legislation amended under this heading are the Amendment Act 27 of 1930 and Amendment Act 19 of 1931 Section 1(1) of Act 27 of 1930 provide that no person may receive payment from the fund unless he/she has received a gratuity in terms of section 11 of the Railway & Harbour services Act 23 of 1925.  Section 1 and 2 of Act 19 of 1931 make reference to certain words used in Act 23 of 1925 as having similar meaning to the words used in Act 19 of 1931.  Section 1 of Act 27 of 1930 and section 1 and 2 of Act 19 of 1931 requires to be repealed because the Act to which they make reference to was repealed by Act 39 of 1960.

  30. Railway and Harbours Acts Amendment Act no 49 of 1949  Section 10 and 14 of this Act should be repealed for the following reasons: Section 10(1) is depended on section 6(3)(a) of Railway and Harbour services Act 23 of 1925 and the public servants (military service) Act of 1944 for its implementation. These two Acts are repealed by Act 22 of 1960 and the repeal of Laws Act 94 of 1981 thus it is recommended for repeal.  Section 14 is recommended for repeal because it make reference to the Railways and Harbours Superannuation Fund Act 24 of 1925. The provisions recommended for amendment became spent when the Railway and Harbour superannuation Fund Act of 1925 was repealed by the Railways and Harbour superannuation fund Act 39 of 1960.

  31. Railways and Harbours Acts Amendment Act 63 of 1951, Amendment Act 45 of 1952, and Amendment Act No. 62 of 1962  Section 7 of Amendment Act 63 of 1951 is recommended for repeal because section 7 amended among others section 5 of South West African Railways and Harbours Act 20 of 1922 and that Act was repealed by the South African Transport Services Amendment Act 13 of 1983, therefore section of Act 63 of 1951 serves no purpose.  Section 4 of Amendment Act No. 62 of 1962 is recommended for repeal because section 4(1) amends the schedule to the Railway construction Act 43 of 1956. The Railway construction Act referred to in these provisions was repealed by the Repeal of Laws Act 94 of 1981 therefore section 4 may be repealed because it do not serve any purpose.

  32. Railways and Harbours Acts Amendment Act 63 of 1951, Amendment Act 45 of 1952, and Amendment Act No. 62 of 1962 (Cont…)  Section 1 of Amendment Act 45 of 1952 is hereby recommended for repeal, for section 1 amended section 4 of Railways and Harbours Regulation control and Management Act 22 of 1916. This Act 22 of 1916 was repeal by Railway and Harbours control and management (consolidation) Act 70 of 1957.  Since the provisions of section 1 make reference to an Act that do not exist, it is recommended for repeal.

  33. Railway and Harbour Acts Amendment Act No.6 of 1965, Amendment Act No.8 of 1968 and Amendment Act No.32 of 1969  Section 9 of Amendment Act No.8 of 1968 amended section 2(2) of the level crossing Act No.41 of 1960. This level crossing Act was repealed by Proclamation No.1121993, therefore section 9 serves no purpose and is recommended for repeal.  Section 1, 2 and 6 of Amendment Act 32 of 1969 amended section 7(2) of the Railway Expropriation Act 37 of 1955 and Railways construction Act 1966. These two Act are recommended for repeal as a whole and section 1, 2 and 6 of Amendment Act No.32 of 1969 will serve no purpose.  Section 6, 7, 8, to 10, 19, 70, to 74 and 75 of Amendment Act No.6 of 1965 are recommended for repeal.

  34. Railway and Harbour Acts Amendment Act No.6 of 1965, Amendment Act No.8 of 1968 and Amendment Act No.32 of 1969 (Cont…)  All the above sections amended certain sections of the Acts which some of the said have been repealed by certain Acts and others Act which are recommended for repeal as a whole in schedule 1 of this Bill e.g. Railway Expropriation Act, 37 of 1955, the Expropriation Act, 63 of 1975. The South Africa Transport Services Act 65 of 1981 and Proclamation No.1121993 that repealed Level Crossing Act 60 of 1960. Therefore this sections are recommended for repeal for the Acts they amended are either repealed or are recommended for repeal in schedule 1

  35. Railway and Harbour Acts Amendment Act No.6 of 1965, Amendment Act No.8 of 1968 and Amendment Act No.32 of 1969 (Cont…)  Section 2 of the second Railway Harbours Acts Amendment Act, 1976 (Act No.89 of 1976 is recommended for repeal because section 2 of this Act amended section 1 of the Railways and Harbours Pension for non-whites Act 43 of 1974. Act 43 of 1974 was repealed by Transnet Pension Fund Act 62 of 1990, therefore section 2 of Act 86 of 1976 serves no purpose and is recommended for repeal Section 6, 7, 8, 9, 10, 18, 19 and 20 of Amendment Act No.6 of 982 are recommended for repeal because.

  36. Railway and Harbour Acts Amendment Act No.6 of 1965, Amendment Act No.8 of 1968 and Amendment Act No.32 of 1969 (Cont…) The above sections amended certain sections of the following Acts which were ultimately repealed as a whole Viz. Level crossing Act 41 of 1960 Railways and Harbours Pension Act 35 of 1971 Railways and Harbours Pension for non-whites Act 43 of 1974 As this Act were repealed by other legislations, section 6, 7, 8, 9, 10, 18, 19 and 20 serves no purpose and therefore requires to be repealed.

  37. Railway and Harbour Acts Amendment Act No.6 of 1965, Amendment Act No.8 of 1968 and Amendment Act No.32 of 1969 (Cont…) Section 1, 2, 3, 4 and 5 of Transnet limited Amendment Act, 1991 and hereby recommended for repeal because this section amended various sections of the Level Crossing Act of 1961 and that Act was repeal by Proclamation No.112 of November 1993. This sections therefore make reference to non existing statures, thus they are recommended for repeal.

  38. Transport Second General Amendment Act No. 82 of 1995 Section 1 and 2 were intended to affect changes to sections in Railway construction Act 75 of 1985 and the second Railway construction Act 94 of 1985. Both Acts are recommended for repeal in schedule 1 of this Bill and once repealed section 1 and 2 will serve no purpose thus they are recommended for repeal.

  39. CONSULTATION The Bill was published for comments in Gazette No. 31864 of 13 February 2009. Comments were received from Transnet, PRASSA, Department of Justice and Constitutional Development and the office of the State Law Adviser and the South African Law Commission.  The Portfolio committee was also briefed on this Bill and they are in agreement with the Bill. Comments were taken into account and were incorporated into the Bill. The Bill was presented to the Infrastructure Development Cluster (FOSAD) and the Committee recommended that the Bill be referred to Cabinet for approval for introduction in Parliament

  40. FINANCIAL IMPLICATION None.

  41. REQUEST We therefore request the select committee to approve the Transport Laws Repeal Bill 2010. THANK YOU DANKIE ENKOSI

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