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

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

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.

PCoT oversight visit PCoT Recommendations Response DoT conduct legislative review to synchronise the C-BRT Act and NLTA with a view to activate the mandate of the C-BRTA DoT leading the C-BRTA mandate review process which will also strengthen the C-BRT Act The C-BRTA undertaking consultations with provinces to align transport policies Bilateral agreements to be reviewed and implementation of the SADC Protocol be monitored The DoT to drive this process as part of the review of the founding legislation and the alignment of agreements DoT to ensure that agreements between Lesotho and South Africa are adhered to The DoT to ensure that all parties adhere to the prescriptions of the SACU MOU.

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

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

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

Feedback on CBRTA CEO engagements with MECs of Transport

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

Ensure visibility of CEO and HOD working together in unison

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

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

Ensure harmonious functioning of law enforcement officers on the ground

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

Stakeholder Consultations

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)

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

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

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.

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

Progress on implementation of the NMTT recommendations

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

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

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

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

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

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

Thank you