National Land Transport Act, 2009 (Act No. 5 of 2009)

Chapter 8 : Appeals

92. Appeals to Transport Appeal Tribunal

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(1)The following persons may appeal to the Transport Appeal Tribunal against any act, direction or decision of a regulatory entity, in the manner and within the time prescribed:

[Words preceding section 92(1)(a) substituted by section 51(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)The aggrieved applicant;
(b)the holder of any operating licence or permit affected by the decision; or
(c)any other person interested in or affected by the decision.

 

(2)In considering an appeal in terms of subsection (1), the Transport Appeal Tribunal is bound by applicable transport plans.

 

(3)Appeals pending before provincial transport appeal bodies contemplated in section 128(1) of the Transition Act on the date of commencement of this Act, must be finalized by those bodies as if this Act had not been passed, unless the MEC directs that those appeals must be transferred to the Transport Appeal Tribunal for finalization.

 

(4) Where the decision contemplated in subsection (1) was taken by a Municipal Regulatory Entity, an appeal may be noted with the Transport Appeal Tribunal despite section 62 of the Systems Act.

[Section 92(4) inserted by section 51(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]