National Land Transport Act, 2009 (Act No. 5 of 2009)Chapter 5 : Contracting for Public Transport Services46. Existing contracting arrangements |
| (1) | Where there is an existing interim contract, current tendered contract or negotiated contract as defined in the Transition Act in the area of a municipality, that municipality or the relevant province, as determined under section 11 may— |
[Words preceding section 46(1)(a) substituted by section 26(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]
| (a) | allow the contract to run its course; or |
| (b) | negotiate with the operator to amend the contract to provide for inclusion of the operator in an integrated public transport network; or |
| (c) | make a reasonable offer to the operator of alternative services, or of a monetary settlement, which offer must bear relation to the value of the unexpired portion of the contract, if any. |
| (2) | [Section 46(2) deleted by section 26(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 Minister may make regulations providing for the transition of existing contracting arrangements and the transfer of the contracting function in terms of this section, section 11 or section 41, including the transfer or amendment of existing permits or operating licences to give effect to the provisions of the aforesaid sections. |
[Section 46(3) substituted by section 26(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) | In applying this section, the contracting authority must give due regard to the rights of the workers employed by the operators in terms of the contract contemplated in subsection (1). |