Cross-Border Road Transport Agency Presentation to the Select Committee on Public Service

1. Cross-Border Road Transport Agency Presentation to the Select Committee on Public Service 06 September 2011 Plein Street Building, Parliament Cape Town

2. Table of Contents 1. Introduction 2. Regulatory Framework 3. RSA/Lesotho Cross-Border Passenger Operations -Background 4. Findings 5. Interventions 6. Challenges 7. Recommendations

3. 1. Introduction The C-BRTA was established by the Cross-border Road Transport Act 4 0f 1998 to provide for co-operative and co-ordinated provision of advice, regulation, facilitation and law enforcement in respect of cross-border road transport by the public and private sectors.

4. 2. C-BRTA Regulatory Framework • The C-BRTA has a strategic role in driving the agenda of harmonising road transport operations in the SADC region; • Pivotal role in championing regional integration as contemplated in the Agency’s founding address and its legislative mandate; • Strategic resource of the Minister of Transport in addressing and resolving road transport issues within SADC; • Promotion of regional trade and socio-economic integration and development; • Promotion of regulated competition i.t.o. cross-border passenger transport and • Improvement of safety, security, reliability, quality and efficiency in cross-border road transport.

5. 2. The Regulatory Framework DOMESTIC LEGISLATION Cross-Border Transport Act, 4 of 1998 , as amended National Land Transport Act, 5 of 2009 National Road Traffic Act, 93 of 1996, as amended Tourism Act, 72 of 1993 Transport Deregulation Act, 80 of 1988 Multilateral Agreements Bilateral Agreements • SADC Protocol on Transport, • Communications & Meteorology • SACU Memorandum of • Understanding on Road Transport • (MoU) • Bilateral Agreements concluded between SA and; • Malawi, • Zambia, • Zimbabwe • Mozambique Facilitation of cross border transport through: A strategic private-public sector relationship A strategic alliance between transport authorities Capacity building of private and public sector

6. 2. CBRTA Regulatory Framework (Status of Agreements) • Chapter 14 of the Constitution regulates the validity and implementation of international agreements; • International agreements become law when enacted into law by national legislation; • The Cross Border Transport agreements are attached to the Transport Deregulation Act, 1988, and remain in force under the C-BRT Act; • Cross-border road transport is regulated differently as a result of these agreements.

7. 3. RSA/Lesotho Cross-Border Passenger Operations - Background • Free State Taxi Operators do not want any cross border passenger operations in the Free State. • The Free State Operators do not recognise the Cross Border Road Transport Agency and the Act as amended including provisions of the NLTA – Section 75. • Operators prefer to operate and control operations in the Free State Province viz. Fouriesburg recognising an agreement entered into by them during 2005 (NB Agency and/or Government were not signatories to this agreement). • The Free State Operators are refusing to have Joint Ventures with a cross border taxi association in Lesotho (LPTCA), which the Lesotho Government has confirmed as the only recognized Cross Border Taxi Association - This requirement is part of the Cross Border Act.

8. 3. Background Continued… • On the 6th August 2010 a task team mandated by the Director-General of the DoT was established with the objective of unpacking the obstacles that hamper the smooth flow of passenger operations between the RSA and the KL. • Members of the task team were the DoT, the C-BRTA, the Registrars of Transport from the Free State & Gauteng Provinces, the City of Johannesburg, the BCOCC and two (delegates) from the Kingdom of Lesotho Ministry of Transport. • 3 meetings were held and two site visits to the Free State/Lesotho borders as well as engagements with the SA High Commissioner in Lesotho.

9. 4. Findings • A record of official passenger movement statistics from the Department of Home Affairs (DHA) and Customs (SARS) for cross border movements between the RSA and KL since May 2010 – August 2010 (an average of 285 thousand pax. movements daily in four Border Posts; • There is an average of three (3) taxi associations operating to the border posts/mouths on the RSA/Lesotho routes and they all claim the “right” to the route as all have indicated to be in possession of operating licenses issued by the Free State Operating License Board. • The Task Team made the following observation by interviewing both operators and passengers. For example, a passenger travels from Bloemfontein (fee R50) drop off at Wepener, and uses a 4+1 for 10km at R5.00 to the border, cross by foot and connect a taxi to either Mafeteng or other nearby villages in Lesotho at a cost of R7.50, for approximately 15km.

10. 4. Findings continued…. • In total, the above trip from Bloemfontein to Mafeteng costs the passenger/traveller an average of R62.50 depending on the location or final destination; it can amount to R70 and involves 3 to 4 transfers. • A normalised cross border operation with the travel between Bloemfontein and Mafeteng or Wepener and Mafeteng would cost approximately R40.00 and R15.00 respectively depending on the destination of the traveller.

11. 5. Initial Normalisation Interventions • Amendment of the Cross-Border Road Transport Act in order to deal with jurisdictional overlaps; • Upliftment of moratorium against the issuance of cross-border passenger permits – March 2009; • Various stakeholder engagements e.g. workshops, bilateral engagements etc; • Ministerial intervention and • SACU and SADC intervention sought by Lesotho.

12. 5. Other Normalisation Interventions • Presidential commitment during a Presidential State Visit to Lesotho in 2010; • Ministers of Transport’s decision to normalise passenger operations by implementing road transport legislation and agreements; • Ministerial directive to normalise cross-border passenger transport operations; • Visit by General Cele to inspect security situation at various borders; • Formation of a task team consisting of senior road transport officials, i.e. NDoT; C-BRTA, SARS, FreeTrans, Registrar’s of Public Transport, BCOCC, Ministry of Transport: Lesotho etc; • Inspection in loco at Van Rooyen’s Gate and Maseru Bridge and • Removal of illegal ranking facilities at Van Rooyen’s Gate border.

13. 6. Challenges • Compromised diplomatic and trade relations between RSA and Lesotho; • Non-compliance to provisions of SACU MoU on Road Transportation; • Operators’ failure to convert old order permits and operating licenses that purport to authorize cross-border transport to cross-border permits within the legislated timeframe (before 28 February 2009); • Impeded flow of passenger traffic: cross-border operations terminating at the ports of entry of the respective jurisdictions and passengers walking through the border posts; • Existence of illegal taxi ranking facilities located at various ports of entry as a direct outflow of the impeded flow of passenger traffic and • Congestion which leads to compromised border control operations and security integrity.

14. 7. Recommendations & Status Quo • The Minister of Transport to engage Free State MEC at MINMEC level; • DoT to engage Free State HoD at COTO level; • Free State Department of Public works to identify suitable land for relocation of illegal ranking facilities; • Free State Government and local municipalities to cease the erection of ranking facilities in close proximity of border posts; • On-going engagement with all affected parties to ensure normalized passenger operations; • Increased law enforcement around the RSA/Lesotho borders; • The status quo of the Task Team report dated March 2011 is being reviewed by the DG of the DoT and • The C-BRTA still open to the suggestion of work-shopping the select committee on the various Acts.