Road Traffic Management Corporation Act, 1999 (Act No. 20 of 1999)Chapter 2 : Establishment and governance of Road Traffic Management Corporation23. Transfer of assets and liabilities |
| (1) | The Shareholders Committee must, as soon as possible after the commencement of this Act, come to an agreement in respect of— |
| (a) | the extent of national and provincial assets, liabilities, rights and obligations to be transferred to the Corporation in terms of subsection (2); |
| (b) | the minimum terms and conditions upon which any officer of the national or a provincial Department of Transport who elects to leave the employ of the Department and who is due to be appointed permanently to a position in the Corporation by the chief executive officer— |
| (i) | may leave the employ of the national or a provincial Department; and |
| (ii) | may be employed by the Corporation; and |
| (c) | any other matter which the Shareholders Committee considers necessary or desirable for the proper functioning of the Corporation. |
| (2) | National and provincial assets, liabilities, rights or obligations must be transferred by national and provincial authorities concerned to the Corporation— |
| (a) | in terms of a Shareholders Committee agreement contemplated in subsection (1)(a), approving the transfer with a view to achieving the objects of the Corporation; and |
| (b) | with the approval of the MEC responsible for finance and the MEC responsible for public works in the province affected by the transfer. |
| (3) | The registrar of deeds in question must, on application by the Shareholders Committee and on lodgment of the relevant title deeds in respect of an asset or a liability |
| (4) | The Corporation must be substituted for the State as a contracting party in respect of any contract transferred to the Corporation in terms of subsection (2), without the substitution bringing about novation of such contract. |
| (5) | Any litigation resulting from any cause of action in relation to any movable asset, liability, right or obligation transferred to the Corporation in terms of subsection (2) which arose— |
| (a) | before the transfer date, must be conducted by or against the State, as the case may be; and |
| (b) | on or after the transfer date, must be conducted by or against the Corporation, as the case may be. |