National Land Transport Act, 2009 (Act No. 5 of 2009)Chapter 1 : General Provisions5. Functions of Minister |
| (1) | The Minister may, after consulting the MECs, publish national land transport policy, which may include target dates for the transformation of the land-based public transport sector. |
| (2) | The Minister must monitor all provincial land transport policies and frameworks and all transport planning required or envisaged by this Act, to see that it is developed, prepared and formulated within the ambit of the national transport policy, and take appropriate action where necessary to promote compliance, subject to the Constitution and the Intergovernmental Relations Framework Act, 2005 (Act No. 13 of 2005). |
| (3) | Subject to the Cross-Border Act, the Minister is responsible for land transport arrangements with other countries regarding transport between the Republic and those countries, in collaboration with the Minister of Foreign Affairs. |
| (4) | The Minister must— |
| (a) | monitor the implementation of national land transport policy and any investigations conducted into matters arising from its implementation, and cause the necessary adjustments, if any, to be made to that policy; |
| (b) | facilitate the increased use of public transport; |
| (c) | ensure that the money available for land transport matters is applied in an efficient, economic, equitable and transparent manner; |
| (d) | assist provincial departments that lack the necessary staff or resources in meeting their responsibilities and performing their functions and duties with regard to land transport; |
| (e) | co-ordinate between the three spheres of government and public entities with a view to avoiding duplication of effort and resources; |
| (f) | give guidance concerning education, training and capacity building in connection with land transport matters, and prescribe requirements in this regard, subject to the relevant legislation on education and training; |
| (g) | in taking any measures relating to public transport— |
| (i) | accommodate therein relevant national and international benchmarks and best practice; |
| (ii) | promote, within overall land transport objectives, the safety of passengers; |
| (iii) | encourage efficiency and entrepreneurial behaviour on the part of operators and encourage them to tender competitively for contracts and concessions; |
| (iv) | promote a strategic and integrated approach to the provision of public transport; |
| (v) | promote the efficient use of energy resources, and limit adverse environmental impacts in relation to land transport; |
| (h) | promote public transport that— |
| (i) | is effective in satisfying user needs; |
| (ii) | operates efficiently as regards the use of resources; |
| (iii) | is of an acceptable standard and readily accessible and is operated in conjunction with effective infrastructure provided at reasonable cost; |
| (iv) | is safe; |
| (i) | ensure the integration of public transport modes, giving due consideration to the needs of users; and |
| (j) | promote effective integrated transport planning. |
| (5) | The Minister may, after consultation with the MECs, by notice in the Gazette, set standards for interoperability between fare collection and ticketing systems. |
| (6) | When a province or municipality cannot or does not fulfill an executive obligation in terms of matters relating to public transport, the Minister may intervene by taking the appropriate steps to ensure the fulfillment of that obligations, including issuing a directive to the provincial executive or municipal council, describing the extent of the failure to fulfill its obligations and stating any steps required to meet its obligations and the provincial executive or municipality must comply with such directive. |