The National Land Transport Amendment Bill will pass constitutional muster, the Select Committee on Economic and Business Development has heard. Parliamentary Legal Services’ Advocate Noluthando Mpikashe told the committee that the Bill is a legislative measure that is envisaged in the Constitution, which the national government can use to monitor and support provinces and municipalities.
“It is therefore our view that the Bill is constitutionally sound and that the legislative scheme permits its introduction,” Adv Mpikashe said.
The South African Local Government Association (Salga) had raised concerns about the Bill usurping the power of municipalities to provide public transport services. Salga’s representative Councillor Bhekumzi Stofile, said the organisation has consulted widely on the Bill and that some complex legal questions have arisen during this process.
Mr Stofile claimed that the Bill is an attempt to usurp the powers of municipalities and is thus unconstitutional.
Adv Mpikashe clarified that clause 7 of the Bill amends section 11 of the Act, to provide that municipalities may enter into new contracts for public transport services only when they meet criteria that will be prescribed by the Minister.
“This means the province will not enter into contracts on an ad hoc basis, but only when the municipality does not meet the requirements,” she said.
The Chairperson of the committee, Mr Mandla Rayi, emphasised that the committee will continue with its legislation-making processes. He urged Salga’s legal representatives and the Parliamentary Legal Advisor to see if the rules allow for a separate engagement that will seek to align interpretations of the clause, so that these are in line with the role of municipalities, as envisaged in the Constitution.
The committee also examined the possibility of hearing independent legal opinion on the matter. However, it resolved to continue with its responsibility to draft legislation and endorsed the view that Salga can at any stage make use of available platforms if and when it wants to challenge the Bill.
The committee also resolved that the National Council of Provinces’ Chairperson will be alerted to Salga’s concerns. Mr Rayi said provinces will be required to submit their final mandates on the Bill by 26 February 2019.
Sibongile Maputi
12 February 2019
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