National Ports Act, 2005 (Act No. 12 of 2005)Chapter 5 : Ports Regulator47. Complaint against Authority |
| (1) | Any complaint against the Authority must be lodged with the Regulator in the manner as prescribed in terms of the Economic Regulation of Transport Act, 2020. |
[Section 47(1) substituted by section 1(4)(a) of Schedule 1: Consequential Amendments of the Economic Regulation of Transport Act, 2024, Notice No. 4958, GG50799 dated 11 June 2024]
| (2) | A complaint against the Authority may be based on any ground provided for by the Regulator as prescribed in terms of the Economic Regulation of Transport Act, 2020, or on the ground that— |
[Words preceding Section 47(2)(a) substituted by section 1(4)(b) of Schedule 1: Consequential Amendments of the Economic Regulation of Transport Act, 2024, Notice No. 4958, GG50799 dated 11 June 2024]
| (a) | access to ports and port facilities are not provided in a non-discriminatory, fair and transparent manner; |
| (b) | small and medium-sized enterprises owned by historically disadvantaged groups do not have an equitable opportunity to participate in the operation of facilities in the ports environment; |
| (c) | Transnet is treated more favourably and that it derives an unfair advantage over other transport companies. |