| (1) | Where an operating licence or permit has been granted on the basis of a contract, the contracting authority may request the relevant entity to withdraw the operating licence or permit where the contract has been terminated for any reason, and that entity must do so. |
| (2) | Subject to subsection (3), in the case of an operating licence or permit that has not been granted on the basis of a contract, the relevant entity may, at any time, withdraw, amend or suspend the operating licence or permit for such a period as it may deem fit, if the holder or employee of the holder— |
[Words preceding Section 79(2)(a) substituted by section 46(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) | has been convicted of an offence under this Act or under a law relating to motor vehicles or the regulation of traffic or occupational safety or labour relations, or an offence due to fraud or dishonesty; or |
| (aA) | has contravened a provision of this Act or the National Road Traffic Act that is, in the opinion of that entity serious enough to warrant the withdrawal, amendment or suspension; |
| (aB) | has contravened any code of conduct for operators prescribed under section 8(1)(fB), or if the drivers employed by that holder habitually contravene any code of conduct for drivers so prescribed; |
[Section 79(2)(aA)(aB) inserted by section 46(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]
| (b) | in the opinion of the entity, has not carried out faithfully the conditions of the operating licence or permit. |
| (3) | Any entity may, at any time, withdraw an operating licence which was granted or issued by it erroneously or on the basis of incorrect or false information supplied to it. |
| (4) | An entity may not under subsection (1), (2) or (3) withdraw or suspend an operating licence or permit unless— |
| (a) | at least 21 days' written notice of its intention to do so, with reasons, has been given to the holder by registered or certified post, with the request for the holder to comment on such reasons; |
| (b) | the holder has been given an opportunity, either personally or through a representative, to appear before it and provide evidence or submit representations in regard to the proposed action or has submitted such comments, which have been considered by the entity; and |
| (c) | where appropriate, the relevant planning authority has been given an opportunity to submit representations and make recommendations or alternative arrangements. |
