National Land Transport Act, 2009 (Act No. 5 of 2009)Chapter 2 : Institutional Arrangements for Land Transport23. Establishment of Provincial Regulatory Entities |
Institutional arrangements: Provincial Regulatory Entities
| (1) | Every MEC must establish a Provincial Regulatory Entity within the relevant provincial department, to perform the functions of that entity in the province. |
| (2) | The Provincial Regulatory Entity consists of not more than seven non-executive members appointed by the MEC who are accountable to the head of the provincial department with regard to administrative and employment issues and who in performing their quasi-judicial functions exercise an independent discretion. |
[Section 23(2) substituted by section 15(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]
| (2A) | The members of the Provincial Regulatory Entity contemplated in subsection (2) 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; and |
| (e) | vehicle standards and specifications. |
[Section 23(2A) inserted by section 15(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]
| (2B) | The prescribed quorum of members of the Provincial Regulatory Entity must take decisions of that Entity. |
[Section 23(2B) inserted by section 15(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]
| (2C) | The MEC must designate one of the members of the Provincial Regulatory Entity as chairperson. |
[Section 23(2C) inserted by section 15(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]
| (2D) | A member of a Provincial Regulatory Entity— |
| (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 MEC. |
[Section 23(2D) inserted by section 15(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]
| (2E) | A member of the Provincial Regulatory Entity must be paid out of the funds of the provincial department such remuneration as the MEC, with the concurrence of the MEC responsible for financial affairs in the province, may determine. |
[Section 23(2E) inserted by section 15(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) | No serving member of Parliament or of a provincial legislature or councilor of a municipal council may be an official of the Provincial Regulatory Entity. |
| (4) | No person contemplated in section 13 may be an official of the Provincial Regulatory Entity. |