Road Traffic Management Corporation Act, 1999 (Act No. 20 of 1999)Chapter 4 : Functions32. National road traffic law enforcement code |
| (1) | For the purpose of executing the road traffic law enforcement function, the chief executive officer, in consultation with the National Commissioner and the national organisation recognised in terms of section 2(a) of the organised Local Government Act, 1997 (Act No. 52 of 1997), must develop a national road traffic law enforcement code. |
| (2) | The code must, taking into account local developmental needs, capacity and available resources, provide a national framework that sets out in respect of road traffic law enforcement— |
| (a) | minimum requirements for training and appointment of road traffic law enforcement officers; |
| (b) | strategic direction and goals to be achieved; |
| (c) | management practices and human resource practices to be followed; |
| (d) | operating principles to be applied; |
| (e) | performance levels to be achieved; |
| (f) | supporting management information systems to be implemented; and |
| (g) | actions which constitute a failure to comply with the code as contemplated in section 33. |
| (3) | A draft code must be published by notice in the Gazette and every Provincial Gazette and the notices must specify the time available to interested parties to comment. |
| (4) | The chief executive officer, the National Commissioner and the national organisation recognised in terms of section 2(a) of the Organised Local Government Act, 1997, must consider all comments before completing the code and submitting it to the Shareholders Committee for approval. |
| (5) | The code, once approved by the Shareholders Committee, becomes binding on— |
| (a) | provincial authorities and local government bodies irrespective of whether they perform road traffic law enforcement services under a contract: Provided that the chief executive officer may not force a local government body that does not provide road traffic services, to provide those services; and |
| (b) | any statutory transport institution vested with powers to execute road traffic law enforcement functions for the duration of a contract concluded with the Corporation to provide road traffic law enforcement: Provided that the code may only bind the SAPS and a municipal police service established in terms of section 64A of the South African Police Service Act, 1995 (Act No. 68 of 1995), upon approval thereof by the Minister for Safety and Security. |
| (6) | Every three years the code must, on the recommendation of the Shareholders Committee, be revised. |
| (7) | Any revision of the code must be published in the Gazette and every Provincial Gazette for interested parties to comment on, whereupon subsection (4) applies with the necessary changes. |