Economic Regulation of Transport Bill places unchecked power in ANC hands
5 December 2023
The DA in KwaZulu-Natal (KZN) has serious concerns around the Economic Regulation of Transport Bill. This Bill pertains to the consolidation of pricing determination across various transportation entities. While aiming to streamline pricing functions, The Bill raises critical concerns that cannot be overlooked.
The Bill’s aim is to consolidate pricing determinations from multiple transportation entities under a single regulator’s control - which is a significant shift. However, upon careful examination, it becomes evident that this consolidation poses several fundamental issues;
Inadequate Legislative drafting: The quality of the legislative drafting of the Bill is unsatisfactory. Its provisions are in conflict with the legal and constitutional framework of South Africa. The predominant focus on price controls could adversely impact market dynamics, potentially harming the economy. The Bill further expands the extent and potential reach of governments meddling in transportation.
Excessive Government Interventions: The Bill significantly expands government intervention into the private domain of the transportation industry without sufficient justification. This centralization of power within the Department of Transport (DoT) raises concerns about its impact on civil society and independent institutions.
Unchecked Discretionary Powers: The discretionary powers granted to the Minister of Transport and the proposed Regulator lack appropriate constraints or guiding criteria. This unchecked authority contradicts the Constitution’s principle of the Rule of Law, allowing for subjective judgments and ambiguous application of the bill’s clauses.
This last point is extremely relevant in the context of the major taxi violence that broke out in Cape Town in August. Fortunately, Cape Town is in good hands with a DA-led government that was firm in its stance against unlawful conduct from taxi operators. It also would not negotiate with those who did not respect the rule of law.
In KZN, we have the complete opposite. SANTACO runs the ANC and this is why our province continues to experience chaos. In KZN, the Minister of Transport sides with taxi operators, calling for taxis that were impounded due to non-compliance with the rules of road, to be released without any restrictive conditions. The Minister of Transport is guided by national legislation but instead chose to side with her comrades rather than uphold the rule of law.
If the ANC continues to show the people of our country that it puts its comrades first, then why should the DA trust it to apply the Economic Regulator of Transport Bill lawfully? And this is only one instance.
The DA will never support giving ANC Ministers carte blanche when it comes to full discretionary powers and drafting ambiguous legislation.
What we should have heard during today’s debate was a collaborative outcome, with feedback from transport industry stakeholders. Yet we got more of the same. When the previous two transport bills came before the Legislature, it was evident that stakeholder engagements had been used by the ANC to bus communities in and feed them. It is clear that transport industry contribution and engagement was non-existent.
The DA does not support this bill.
Issued by Sharon Hoosen, DA KZN Spokesperson on Transport, 5 December 2023
