| (1) | In order to give effect to the principles of co-operative government and inter-governmental relations contemplated in Chapter 3 of the Constitution, all organs of state, defined in section 239 of the Constitution. in particular the National Department of Labour and the National Department of Safety and Security, on which functions in respect of any aspect of railway safety are conferred by this Act or other legislation, must co-operate with one another in order to - |
| (b) | ensure the effective overseeing of safe railway operations; |
| (c) | co-ordinate the exercise of such functions; |
| (d) | minimise the duplication of such functions and of procedures regarding the exercise of such functions; and |
| (e) | promote consistency in the exercise of such functions. |
| (2) | The Regulator must conclude an appropriate co-operative agreement or arrangement with every relevant organ of state to give effect to the co-operation contemplated in subsection (1). |
[Subsection (2) substituted by section 4 of Act No. 69 of 2008]
| (3) | The Minister may, after consultation with the board and in consultation with the Ministers responsible for the relevant organs of state, make regulations regarding - |
| (a) | the period of time and procedures, including procedures for public participation and mechanisms for dispute resolution, in respect of the conclusion of co-operative agreements referred to in subsection (2); and |
| (b) | matters that must be provided for in co-operative agreements, including provision for - |
| (i) | the period of time for the implementation of co-operative agreements; |
| (ii) | the co-ordination of the functions referred to in subsection (1) in a manner that avoids unnecessary duplication and omissions regarding safety requirements and the issuing of conflicting instructions; |
| (iii) | measures to be taken in the event of non- compliance with a co-operative agreement; and |
| (iv) | dispute resolution in respect of the interpretation or application of co-operative agreements referred to in subsection (2). |
| (4) | The Minister must publish a notice in the Gazette setting out every co-operative agreement concluded i n terms of subsection (2). |
