National Land Transport Act, 2009 (Act No. 5 of 2009)RegulationsSecond National Land Transport Regulations, 2025Chapter 1: Regulations on Contracting for Public Transport Services8. Assistance by provinces |
| (1) | A province may assist a municipality or more than one municipality with the conclusion of a contract or may conclude a contract as agent of a municipality or on behalf of the municipality or municipalities as contemplated by section 238(b) of the Constitution, or for the joint exercise or performance of their respective powers or functions as contemplated in section 12(1) of the Act. |
| (2) | In such a case the province and municipality or municipalities, as the case may be, must conclude a written agreement setting out the roles and obligations of the parties, taking into account the provisions of the IGRFA and including, but not limited to— |
| (a) | the financial arrangements applicable to the proposed contract or contracts; |
| (b) | measures that will be undertaken by the province to build capacity and resources into the municipality or municipalities as contemplated by section 154(1) of the Constitution and section 11(1)(b)(v) and (vi) of the Act, and |
| (c) | an undertaking by the municipality or municipalities that they commit to availing resources to be capacitated in building municipal capacity or agree to take over resources that may be sourced and trained by the province for that purpose. |
| (3) | The contract or contracts must be provided for in the ITPs of the relevant municipalities and must assist in providing and integrating public transport services to the communities of the municipalities as required by the Act and the Minimum Requirements. |
| (4) | Before signature of the proposed contract, it must be submitted to the Department and National Treasury for their comments, and the contracting authority must consider any comments received from them as may be appropriate. |
| (5) | The municipality must obtain a resolution from its municipal council approving the proposed contract before signature of the contract. |