National Land Transport Act, 2009 (Act No. 5 of 2009)Chapter 2 : Institutional Arrangements for Land Transport20. Establishment of National Public Transport Regulator |
Institutional arrangements: National Public Transport Regulator
| (1) | The Minister must establish the National Public Transport Regulator within the Department, to perform the functions of that Regulator in terms of this Act. |
| (1A) | The National Public Transport Regulator consists of not more than seven non-executive members appointed by the Minister, who are accountable to the head of the Department and who, in performing their functions, exercise an independent discretion. |
[Section 20(1A) inserted by section 13(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) | The members of the National Public Transport Regulator contemplated in subsection (1A) may be appointed either on a full-time or part-time basis, and must be appointed on the grounds of their specialised knowledge, training or experience, which taken collectively, at least covers— |
| (a) | public transport; |
| (b) | transport economics; |
| (c) | accounting, auditing or actuarial science; |
| (d) | the law; |
| (e) | tourism transport; and |
| (f) | vehicle standards and specifications. |
[Section 20(2) substituted by section 13(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]
| (3) | The prescribed quorum of members of the National Public Transport Regulator must take decisions of that Regulator. |
[Section 20(1A) substituted by section 13(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]
| (3A) | The Minister must designate one of the members of the National Public Transport Regulator as a chairperson. |
[Section 20(3A) inserted by section 13(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]
| (3B) | A member of the National Public Transport Regulator— |
| (a) | holds office for not more than five years and may be re-appointed for one further term; and |
| (b) | may resign by giving one month’s written notice to the Minister. |
[Section 20(3B) inserted by section 13(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]
| (3C) | A member of the National Public Transport Regulator must be paid out of the funds of the Department such remuneration as the Minister, with the concurrence of the Minister of Finance, may determine. |
[Section 20(3C) inserted by section 13(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]
| (4) | The Department must allocate staff as a dedicated unit to assist that Regulator in the performance of its functions. |