National Land Transport Act, 2009 (Act No. 5 of 2009)

Chapter 2 : Institutional Arrangements for Land Transport

13. Impartiality

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(1)The following persons and their spouses, partners and immediate family members must be impartial, have no direct financial or business interest in any sector of the public transport industry, and may not decide or adjudicate on a matter in which they have such an interest:
(a)Members of the National Public Transport Regulator, Provincial Regulatory Entities and municipalities directly involved in dealing with applications concerning operating licences;
(b)members of the Transport Appeal Tribunal established by section 3 of the Transport Appeal Tribunal Act, 1998 (Act No. 39 of 1998);
(c)officials of planning authorities directly responsible for the development of integrated transport plans;
(d)officials directly involved in the management and execution of public transport related law enforcement;
(e)officials operating or working at testing stations contemplated in the National Road Traffic Act, or such a member or official who has been such person in the year prior to his or her appointment; and
(f) members of the South African Police Service contemplated in section 5(2) of the South African Police Service Act, 1995 (Act No. 68 of 1995), including members of metropolitan and municipal police services contemplated in Chapter 12 of that Act; and
(g) traffic officers contemplated in section 3A of the National Road Traffic Act.

[Section 13(1)(f)(g) inserted by section 9(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]

 

(2)No serving member of Parliament or of a provincial legislature or councilor of a municipal council, or a person who has been such a member or councilor in the previous year, may be a member or official contemplated in subsection (1)(a), (b), (c), (d) or (e).