Transport Ministers flout regulatory procedure
Transport Minister Ben Martins is following in the footsteps of his predecessor, S'bu Ndebele, by attempting to dodge parliamentary oversight over key traffic regulations.
Several amendments to the National Road Traffic Regulations have been snuck through by the former and current Transport Minister this year, without being referred to Parliament for comment or allowing sufficient time for public input.
Chapter XIII, clause 6, of the National Road Traffic Act and Regulations clearly states that, before the Minister makes any regulation, he must first provide a draft of the proposed regulations, to be referred to Parliament for comment. The regulations must then be Gazetted and accompanied by a notice calling for comment, objections or representations on the matter within the period specified within the notice, but no less than four weeks (28 days).
Examples of how regulatory guidelines have been spurned with regard to proposed Amendments to traffic regulations include the following:
27 March 2012, No. 35182 - Minister Ndebele
The South African National Roads Agency Limited (SANRAL) and National Roads Act, 1998 (Act No. 7 of 1998); The South African Roads Agency Limited and National Roads Act Regulations, 2012 on the introduction of a special new traffic police force or "peace officers"
- This notice stated that interested persons had only 20 days, instead of the 28 days required by the Act, to make their thoughts on the matter known
- These regulations were never brought before Parliament for comment
13 April 2012, No.35263 - Minister Ndebele
The South African National Roads Agency Limited (SANRAL) and National Roads Act, 1998 (Act no.7 of 1998) which published the toll tariffs for the different categories of road users and classes of motor vehicles.
- This notice stated that the tariffs were payable from 30 April 2012, giving the public 17 days to give their thoughts on the matter
- This announcement was never brought before Parliament for comment
18 July 2012, No.35528 - Minister Martins
Publication for Comments: National Road Traffic Amendment Bill 2012 on amendments providing for, among others, the registration and licencing of motor vehicles.
- These amendments too, were never brought before Parliament for comment
In some instances, the regulations were also cleverly published over holiday periods or during Parliament's recess period - reducing the likelihood of input.
It seems Minister Martins has decided to take up his predecessor's penchant for undermining Parliament by forcing through regulations and amendments and skirting clause 6 of the National Road Traffic Act.
In April 2012, the DA highlighted this practice and referred Minister Ndebele's gazetted regulations dealing with the "peace officers" to the Speaker of Parliament, Max Sisulu, requesting that they be sent to the Interim Joint Committee on Delegated Legislation as a matter of urgency. We have yet to receive a reply.
I will be writing to Minister Martins as well as the Chairperson of the Transport Portfolio Committee, Ruth Bhengu, demanding that appropriate procedures must be followed.
The Department of Transport should not be allowed to flout proper process. It not only displays disrespect for the processes of Parliament, but also for the people of South Africa who will ultimately be affected by regulations and amendments which have been forced through without appropriate oversight or deliberations.
Statement issued by Ian Ollis MP, DA Shadow Minister of Transport, August 2 2012
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