The Economic Regulation of Transport Act, 2024 (Act No. 6 of 2024)SchedulesSchedule 2 : Transitional Provisions6. Transition of Ports Regulator |
| (1) | A person in the employ of the Ports Regulator before the effective date becomes an employee of the Regulator on the effective date. |
| (2) | The transfer of employees to the Regulator must be effected in accordance with— |
| (a) | section 197 of the Labour Relations Act, 1995 (Act No. 66 of 1995); and |
| (b) | any collective agreement reached between the State and the trade union parties of the Departmental Chamber of the Public Service Bargaining Council before the effective date. |
| (3) | The terms and conditions of office or employment of a person contemplated in sub-item (2) are identical to the terms and conditions of office or employment subsisting between that person and the Ports Regulator immediately before the effective date, subject to any further determination by the Board and the Chief Executive Officer in the exercise of their respective authority set out in this Act. |
| (4) | Any person transferred in terms of sub-item (1), who— |
| (a) | before the effective date, was a member of the Government Employees’ Pension Fund mentioned in section 2 of the Government Employees’ Pension Law, 1996— |
| (i) | remains such a member; and |
| (ii) | is entitled to pension and retirement benefits as if that person were in service in a post classified in a division of the public service mentioned in section 8 (1)(a)(i) of the Public Service Act; and |
| (b) | as an employee or office holder of the Ports Regulator before the effective date, had any rights to participate in or vested rights in terms of any pension scheme or medical scheme, retains those rights, subject to any further determination by the Board in the exercise of its authority set out in this Act. |
| (5) | A person referred to in sub-item (1) remains subject to any decisions, proceedings, rulings and directions applicable to that person immediately before the effective date, and any proceedings against such a person, that were pending before the effective date, must be disposed of as if this Act had not been enacted. |
| (6) | As of the effective date— |
| (a) | all movable assets of the Ports Regulator before the effective date, or movable assets of the State that were used or which were at the disposal of by the Ports Regulator before the effective date become the property of the Regulator; |
| (b) | all contractual rights, obligations and liabilities of the Ports Regulator are vested in the Regulator; |
| (c) | all financial, administrative and other records of the Ports Regulator, including all relevant documents in the possession of that office before the effective date, are transferred to the Regulator; |
| (d) | the term of office of any person serving as a member of the Board of the Ports Regulator immediately before the effective date expires; and (e) the Board of the Ports Regulator is dissolved. |