Institutional arrangements: general matters
| (1) | The responsibilities of the three spheres of government are as follows: |
| (a) | The national sphere of government is responsible for— |
| (i) | the formulation of national transport policy and strategy; |
| (iii) | co-ordination between provinces and to address arrangements between the three spheres of government and public entities with a view to ensuring the effective and efficient execution of the land transport function; |
| (iv) | assigning functions to the most appropriate sphere of government; |
| (v) | liaising with other government departments in the national sphere with responsibilities that impact on transport issues with a view to coordinating land transport; |
| (vi) | capacitating and monitoring provinces and municipalities that lack capacity or resources to perform their land transport functions; |
| (vii) | co-ordinating transport relations between the Republic and other countries and implementing international agreements; |
| (viii) | performing the functions contemplated in this Act in relation to applications for operating licences; |
| (ix) | regulation of tourism transport; |
| (x) | regulation of interprovincial road transport; |
| (xii) | performing the other functions assigned to the Minister in terms of this Act. |
| (b) | The provincial sphere of government is responsible for— |
| (i) | the formulation of provincial transport policy and strategy, within the framework of national policy and strategy; |
| (iii) | co-ordination between municipalities with a view to ensuring the effective and efficient execution of land transport in the province and promoting provincial legislation with a view to promoting the objects of this Act; |
| (iv) | liaising with other government departments in the national and provincial spheres with responsibilities that impact on transport and land use planning issues, and bringing together key players; |
| (v) | ensuring that municipalities that lack capacity and resources are capacitated to perform their land transport functions; |
| (vi) | building capacity in municipalities to monitor the implementation of this Act; |
| (vii) | ensuring implementation of the provincial integrated development strategy and public transport strategy, with due attention to rural areas, with the focus on less capacitated municipalities or those that do not fulfill their responsibilities in respect of transport service delivery, either by direct implementation or assistance under paragraph (v); and |
| (viii) | performing the other provincial functions assigned to the MEC in terms of this Act. |
| (c) | The municipal sphere of government is responsible for— |
| (i) | developing land transport policy and strategy within its area based on national and provincial guidelines, which includes its vision for the area and incorporates spatial development policies on matters such as densification and infilling as well as development corridors; |
| (ii) | promulgating municipal by-laws and concluding agreements, as appropriate, in the municipal sphere; |
| (iii) | ensuring co-ordination between departments and agencies in the municipal sphere with responsibilities that impact on transport and land use planning issues, and bringing together the relevant officials; |
| (iv) | in its capacity as planning authority, preparing transport plans for its area, ensuring the implementation thereof and monitoring its performance in achieving its goals and objectives; |
| (v) | financial planning with regard to land transport within or affecting its area, with particular reference to transport planning, infrastructure, operations, services, maintenance, monitoring and administration, with due focus on rehabilitation and maintenance of infrastructure; |
| (vi) | managing the movement of persons and goods on land within its area by co-ordinating such movement; |
| (vii) | encouraging and promoting the optimal use of the available travel modes so as to enhance the effectiveness of the transport system and reduce traveling time and costs; |
| (viii) | developing, implementing and monitoring a strategy to prevent, minimize or reduce any adverse impacts of the land transport system on the environment in its area; |
| (ix) | developing, operating and maintaining a land transport information system for its area; |
| (x) | encouraging, promoting and facilitating public consultation and participation in the planning, regulation and implementation of public transport, and applying the requirements of the Systems Act in that regard; |
| (xi) | marketing and promoting public transport and promoting publicity associated with the public transport system; |
| (xii) | providing information to users or potential users of public transport; |
| (xiii) | promoting safety and security in public transport; |
| (xiv) | ensuring there is provision for the needs of special categories of passengers in planning and providing public transport infrastructure, facilities and services to meet their needs, in so far as possible by the system provided for mainstream public transport; |
| (xv) | liaising on a continuous basis with the South African Police Service, Road Traffic Management Corporation, the relevant provincial and municipal law enforcement authorities or agencies, and the inspectors appointed under the Cross-Border Act, with a view to ensuring co-ordinated transport law enforcement within its area; |
| (xvi) | applying traffic management techniques aimed at improving road traffic movement; |
| (xvii) | undertaking functions relating to municipal roads, as well as measures to limit damage to the road system; |
| (xviii) | the planning, implementation and management of modally integrated public transport networks and travel corridors for transport within the municipal area and liaising in that regard with neighbouring municipalities; |
| (xix) | in relation to the planning functions contemplated in paragraph (iv) include service level planning for passenger rail on a corridor network basis in consultation with the South African Rail Commuter Corporation; |
| (xx) | introducing, establishing or assisting in or encouraging and facilitating the establishment of integrated ticketing systems, the managing thereof including through-ticketing and determining measures for the regulation and control of revenue-sharing among operators involved in those systems; |
| (xxi) | subject to standards set by the Minister under section 5(5), if any, set standards for interoperability between fare collection and ticketing systems in its area; |
| (xxiii) | in the case of gross cost contracts for subsidized services, determining fare structures and fare levels and periodically adjusting fares after publishing the proposed adjustment for public comment; |
| (xxiv) | determining concessionary fares for special categories of passengers in the prescribed manner; |
| (xxv) | exercising control over service delivery through- |
| (i) | the setting of operational and technical standards and monitoring compliance therewith; and |
| (ii) | the monitoring of contracts and concessions; |
| (xxvii) | developing and managing intelligent transport systems for their areas in the prescribed manner; and |
| (xxviii) | performing the other functions of municipalities in terms of this Act. |
| (2) | The Minister may assign any function contemplated in subsection (1)(a) to a province or municipality, subject to sections 99 and 156(4) of the Constitution and sections 9 and 10 of the Systems Act, to achieve the objectives of the Constitution and this Act. |
| (3) | The MEC may assign any function contemplated in subsection (1)(b) to a municipality, subject to section 156(4) of the Constitution and sections 9 and 10 of the Systems Act to achieve the objectives of the Constitution and this Act. |
| (4) | Any municipality may request the Minister or MEC to assign a function contemplated in subsection (1)(a) or (b) to it, subject to sections 156(4) of the Constitution and sections 9 and 10 of the Systems Act, where such municipality has an acceptable integrated transport plan. |
| (5) | Where a municipality is performing a function contemplated in subsection (1) (a) on the date of commencement of this Act, such function is deemed to have been assigned to that municipality under subsection (2). |
| (6) | Subject to section 21, where a province is performing a function contemplated in subsection (1)(a) on the date of commencement of this Act, it must continue performing that function, unless that function is assigned to a municipality by the Minister in terms of this Act. |
| (7) | The Minister may make regulations or issue guidelines providing for transitional arrangements where a function is assigned under subsection (2), which may differentiate between— |
| (a) | different categories of municipalities, budgetary size or in any other determinable manner; or |
