Progress Report on Efforts to Resolve RSA/Lesotho Passenger Transport Operation Presentation to Select Committee 28 January 2014

PRESENTATION OUTLINE 1.Purpose 2.Background 3.Problem Statement 4.Model for resolving the impasse 5.Implementation Plan 6.Conclusion 2

PURPOSE To brief the Select Committee for Public Services on new developments in relation to the RSA/Lesotho Passenger Transportation Challenges 3

BACKGROUND Cross border transportation is regulated through legal prescripts; 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 Additional instruments applicable are;- Multi-lateral agreements like SADC Protocol on Transport, Communications & Meteorology and SACU Memorandum of Understanding on Road Transport Bilateral agreements Bilateral Agreements concluded between SA and; 4

PROBLEM STATEMENT Economic by-pass; - Act doesn’t cater for local operators and as such it over-saturates the market Different regulatory regimes in the manner in which permits are issued; to wit, CBRTAct, NLTA, Provincial Acts That resulted in;- Impeded flow of passenger traffic: cross-border operations terminating at the ports of entry; violent practices between operators; Existence of illegal taxi ranking facilities located at various ports of entry; Congestion which leads to compromised border control operations and security integrity. Non-compliance to provisions of SACU MoU on Road Transportation. 5

MODEL FOR RESOLVING THE IMPASSE KEY ELEMENTS FOR SUCCESS Restoration of law and order Implementation of verification outcomes Transition window (Testing the framework developed) Legislative review Special Emergency measures 6

MODEL FOR RESOLVING THE IMPASSE RESTORATION OF LAW AND ORDER To be a top priority and be implemented with immediate effect; Minister has already deployed authority to The Premier of the province; Development of an integrated law enforcement plan; Joint law enforcement interventions; 7

MODEL FOR RESOLVING THE IMPASSE IMPLEMENTATION OF VERIFICATION OUTCOMES Six categories identified;-  Double dipping - total of 31 vehicles identified;  Leased vehicle - 15 vehicles identified;  Shared registrations – 8 vehicles identified;  Cross border operators – 27 vehicles identified;  Inter- and intra- provincial operators – total number yet to be determined;  Domestic permits with unauthorised destinations to border towns - total number to be determined. 8

MODEL FOR RESOLVING THE IMPASSE IMPLEMENTATION OF VERIFICATION OUTCOMES Interfacing the different permit/license systems, i.e. OLAS, CBRTS, e-Natis. Double dipping - stop practise with immediate effect. Leased vehicle – practice discontinued Shared registrations – practice discontinued A moratorium would be applied to all aspiring entrants until the challenges are resolved 9

MODEL FOR RESOLVING THE IMPASSE TRANSITION WINDOW Categories 5 & 6 (Inter- and Intra-provincial operators);- To normalise those doing 2km radius operation unlawfully in the medium-term, Inter/Intra-provincial operators to be exempted from carrying cross border permit, Inter-provincial operators to be handled in medium to long term for purposes of engaging operators and acquiring more details, Same principle applied in category 5 will apply to category 6 in the medium-term, 10

MODEL FOR RESOLVING THE IMPASSE LEGISLATIVE REVIEW There is need to synchronise the C-BRT Act, NLTA and other relevant pieces of legislation; SPECIAL DISPENSATION MEASURES The Minister will delegate to The Premier to declare special emergency measures; Special Regulations will have to be developed setting out the nature of the emergency measures to be implemented. 11

IMPLEMENTATION PLAN KEY ELEMENTACTIVITYBY WHOMTIMEFRAME Restoration of law & order Development of an integrated law enforcement plan Phase 1 : Adoption of Plan Executive RTI(C- BRTA) & Chief Director : Traffic Management & Transport(DPRT) Phase 1 – by 30/04/2014 Phase 2 from by 30/06/2014 Phase 2 : Joint law enforcement interventions; All law enforcement agencies Continuous Phase 3 : Workshop all officials and operators on new approach CBRT & DPR&T Feb

IMPLEMENTATION PLAN KEY ELEMENTACTIVITYBY WHOMTIMEFRAME Implementation of Verification findings Discontinuation of double- dipping, leased vehicles and shared registration Executive: Regulatory & Legal Services (C-BRTA) Leased vehicles & shared registration dealt with from 01/08/2013 Double-dipping in progress from 31/10/2013 Transition WindowSystems interfacing DOT30/09/

IMPLEMENTATION PLAN KEY ELEMENTACTIVITYBY WHOMTIMEFRAME Transition windowReview categories 2 & 3 for issuing of permanent permits Executive:RLS (C- BRTA) and Chief Director :Transport (DPRT) 30/09/2014 Exemption inter/intra- provincial from permits Executive:RLS (C- BRTA) and Chief Director :Transport (DPRT) As of 31/10/2013 Category 4 – cross border permit holders be allowed to cross as per CBRTAct Executive :RTI & Chief Director : Traffic Management As of 31/10/2013 Category 6 – domestic operators -2km radius Executive :RTI & Chief Director : Traffic Management 30/09/

IMPLEMENTATION PLAN KEY ELEMENTACTIVITYBY WHOMTIMEFRAME Legislative Review Synchronise Acts including 2km radius DOT30/06/2015 Engagement of Kingdom of Lesotho’s Transport Ministry MECBy 31/03/2014 Special Dispensation Measures As events present The PremierAs and when need arise 15

CONCLUSION The proposed model was presented to MEC on 16/01/2014, The proposed model presented to Taxi Operators on 19/01/2014, MEC commended the team and gave the approach his blessing, Matter is due for presentation to both Freetrans EXCO and C-BRTA Regulatory Committee. THANK YOU! 16