Cross-Border Road Transport Act, 1998 (Act No. 4 of 1998)Part 2 : Road transport agreements with other states2. Authorisation to conclude road transport agreements |
| (1) | The Minister may, subject to the provisions of the Constitution, enter into an agreement with another state whereby arrangements are made with that state to control and regulate cross-border road transport between the Republic and that state based on reciprocity, similar treatment and non-discrimination and where appropriate, extraterritorial jurisdiction. |
| (2) | The agreement must also provide for– |
| (a) | its entry into force; |
| (b) | the procedure to be followed for amendment of the agreement; |
| (c) | the rights of the parties thereto in the event of substantial breach thereof; |
| (d) | the suspension of the agreement or of any relevant provision thereof; and |
| (e) | the procedure to be followed in the event of a dispute regarding the interpretation or application thereof. |
| (3) | The agreement must be promulgated by the President by Proclamation in the Gazette and will have the force of law in the Republic with effect from the date of promulgation or any later date specified in the Proclamation. |
| (4) | Any amendment of the agreement, if and to the extent approved by Parliament, must be promulgated in the same manner as mentioned in subsection (3) whereupon such amendment will have the force of law in the Republic. |
| (5) | Where a state with which an agreement has been entered into breaches a substantial provision thereof the Minister must, subject to the provisions of the agreement- |
| (a) | inform the other state of such breach and request it to rectify such breach within a reasonable period; |
| (b) | upon failure of the state to act in accordance with the request as contemplated in paragraph (a), by notice in the Gazette, publish his or her intention to suspend the application of the agreement in part or in full; and |
| (c) | by notice in the Gazette, publish the date on which the suspension of the application of the agreement in part or in full will come into force. |