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, in consultation with state-owned rail operators in the case of rail matters, with particular reference to transport planning, infrastructure, operations, services, maintenance, monitoring and administration, with due focus on rehabilitation and maintenance of infrastructure; |
[Section 11(1)(c)(v) substituted by section 7(a) of the National Land Transport Amendment Act, 2023 (Act No. 23 of 2023), Notice No. 4959, GG50800, dated 11 June 2024 - effective 12 September 2025 per Commencement Proclamation 289, GG53335, dated 12 September 2025]
| (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 that there is provision for the needs of targeted 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; |
[Section 11(1)(c)(xiv) substituted by section 7(b) of the National Land Transport Amendment Act, 2023 (Act No. 23 of 2023), Notice No. 4959, GG50800, dated 11 June 2024 - effective 12 September 2025 per Commencement Proclamation 289, GG53335, dated 12 September 2025]
| (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) provide for service level planning for passenger rail on a corridor network basis in agreement with the Passenger Rail Agency or other rail service providers; |
[Section 11(1)(c)(xix) substituted by section 7(c) of the National Land Transport Amendment Act, 2023 (Act No. 23 of 2023), Notice No. 4959, GG50800, dated 11 June 2024 - effective 12 September 2025 per Commencement Proclamation 289, GG53335, dated 12 September 2025]
| (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; |
[Section 11(1)(c)(xxii) substituted by section 7(d) of the National Land Transport Amendment Act, 2023 (Act No. 23 of 2023), Notice No. 4959, GG50800, dated 11 June 2024 - effective 12 September 2025 per Commencement Proclamation 289, GG53335, dated 12 September 2025]
| (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; |
[Section 11(1)(c)(xxiv) substituted by section 7(e) of the National Land Transport Amendment Act, 2023 (Act No. 23 of 2023), Notice No. 4959, GG50800, dated 11 June 2024 - effective 12 September 2025 per Commencement Proclamation 289, GG53335, dated 12 September 2025]
| (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; |
| (xxvi) | concluding subsidised service contracts, commercial service contracts, negotiated contracts and stopgap contracts contemplated in section 41A, with operators for services within their areas of jurisdiction, subject to subsection (9); |
[Section 11(1)(c)(xxvi) substituted by section 7(f) of the National Land Transport Amendment Act, 2023 (Act No. 23 of 2023), Notice No. 4959, GG50800, dated 11 June 2024 - effective 12 September 2025 per Commencement Proclamation 289, GG53335, dated 12 September 2025]
| (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 |
| (8) | Where a subsidised service contract, interim contract, current tendered contract or negotiated contract was concluded in terms of the Transition Act, in this subsection called an old order contract, and is still in force, and a municipality has not yet concluded one or more contracts to replace the old order contract or is not in the process of negotiating with operators to do so, the relevant province must engage with the operator concerned and the municipality or municipalities in whose areas the services are provided and must ensure that either the province or the municipality concludes appropriate new contracts to replace all old order contracts and where appropriate, the Minister must intervene or issue a directive to the province or municipality under section 5(6). |
[Section 11(8) inserted by section 7(g) of the National Land Transport Amendment Act, 2023 (Act No. 23 of 2023), Notice No. 4959, GG50800, dated 11 June 2024 - effective 12 September 2025 per Commencement Proclamation 289, GG53335, dated 12 September 2025]
| (9) | The contracts referred to in subsection (1)(c)(xxvi)— |
| (a) | must be designed in accordance with the integrated transport plans of the relevant municipalities, if such plans have been prepared and submitted to the MEC in terms of section 36(1); or |
| (b) | must be designed by the province in collaboration with the municipality, where such a plan has not been prepared and submitted to the MEC, as part of a capacity building programme for the municipality to conclude or manage the contracts or parts or aspects thereof, where those municipalities lack the necessary capacity. |
[Section 11(9) inserted by section 7(g) of the National Land Transport Amendment Act, 2023 (Act No. 23 of 2023), Notice No. 4959, GG50800, dated 11 June 2024 - effective 12 September 2025 per Commencement Proclamation 289, GG53335, dated 12 September 2025]
| (10) | For the purposes of subsections (1)(c)(xxvi) and (8) the Minister— |
| (a) | may prescribe a process or procedures to be followed in negotiating or tendering for the contracts; |
| (b) | may issue directives in terms of section 5(6) to provinces or municipalities to initiate, expedite or facilitate contracting arrangements; and |
| (c) | must consult with the MEC, where appropriate, who must ensure that there is connectivity between services provided in different municipal areas to promote seamless movement of passengers. |
[Section 11(10) inserted by section 7(g) of the National Land Transport Amendment Act, 2023 (Act No. 23 of 2023), Notice No. 4959, GG50800, dated 11 June 2024 - effective 12 September 2025 per Commencement Proclamation 289, GG53335, dated 12 September 2025]
