Hon Chairperson, the Department of Transport briefed the Portfolio Committee on Transport on the proposed amendments to the regulations of the National Road Traffic Act, Act 93 of 1996, which had to be continually amended to accommodate a number of varying factors.
The department reported that it had undertaken the consultative process with the provincial transport departments, local authorities, and various relevant stakeholders such as the SA Bureau of Standards, National Association of Automobile Manufacturers of SA, Naamsa, the SAPS and the National Regulator for Compulsory Specifications, NRCS.
For the first time, in four-and-a-half years, both the DA and Cope shared a common perspective with the ANC on two issues of concern in the first draft. These issues include the following. Regulation 13(a) of the National Road Traffic Act, Act 93 of 1996, provided that a motor vehicle which had been deregistered in terms of Regulation 55 as permanently demolished should not be registered and its parts should not be used to build or repair any motor vehicle.
The committee thought that this regulation prohibited using second-hand genuine parts to fix or repair any part of a motor vehicle. Therefore, it would affect the second-hand car parts dealers, resulting in job losses. We also thought that ordinary citizens, who could not afford new car parts, would not be able to repair their vehicles using second-hand parts.
The department reviewed the proposed regulation and inserted subsection (2) to Regulation 13(a) to make it clear that second-hand genuine parts in good condition could still be utilised to repair a motor vehicle.
The second issue pertained to the retrospective application of the provisions of the National Road Traffic Regulations as the regulations had been published and submitted to Parliament in June 2012. The department had hoped that the regulations would have been finalised before the date referred to in the regulation. Some regulations referred to December 2012 which, when read after 2012, would make it seem that the regulations were going to be applied retrospectively. This regulation was also changed to ensure that the provisions did not have a retrospective application as it would have been difficult for stakeholders and role-players to comply with the legal requirements.
The new provision states that the regulations will be applicable from the date on which regulations come into effect. The committee, being satisfied that its concerns had been duly considered, accordingly approved the amendments to the National Road Traffic Regulations on 6 August 2013.
There was no debate.
Hon Chairperson, I move:
That the Report be adopted.
A declaration of vote on this has been requested by the DA.
Declaration of vote:
Chairperson, perhaps I should just start off by saying my name is Ian Ollis and, no, I was not part of the Travelgate scam. [Laughter.]
In addressing this report under review ... [Interjections.] I normally do not speak about reports, because normally there are things that we agree on in the committee, hon member, and we just approve them here.
However, I felt the need to speak on this report for a very specific reason: It deals with traffic regulations.
My colleague, the hon Stuart Farrow, managed to get a concession in the Act which says that regulations promulgated by the Minister must be brought to this Parliament for us to consider them before they are finally gazetted.
A year ago from today, I discovered that three sets of regulations never came to this Parliament and I began asking questions about them. I wrote to the Minister, Minister Ndebele, who was suddenly removed from office and disappeared.
I then took it up with the following Minister, but we couldn't find these regulations.
Finally, I asked the chairperson of the committee and the staff where those three sets of regulations are, and we found one set. That is the set that is here before you today. The other two, one of which deals with traffic officers that are going to be used by the SA National Roads Agency Limited, Sanral, to chase after your granny if she doesn't pay her e-toll bill, we still do not have in this Parliament.
Two sets have disappeared. They were tabled by Minister Ndebele, they have never come to this Parliament and have never seen the light of day.
That is unacceptable. At least we have this set. Luckily we found it. Why? Because written into those regulations was a provision which would have made it almost impossible to sell second-hand car parts in the Republic of South Africa, as you have just heard from the hon chairperson. We had to ask the department to amend it.
Now we as Parliament have a role to play in looking in the Transport committee at regulations that are tabled under the national Act. We would like to play that role. So we support the committee report, because these regulations have been fixed by our committee. But we ask this Parliament: Can somebody please, through the administration, find out what happened to the other two sets of regulations, so that we can also see those and deal with them in our committee?
Hon Chairperson, may I address you please?
What is your point of order, hon member?
Hon Chair, I want to address you on the matter that has just been raised by the member against hon Ross. I was wondering if that is the way members should behave in Parliament in terms of maintaining the decorum. I can imagine if the scandal of Mr Mulder that took place many years ago ... [Interjections.]
Hon member, that is not a point of order.
No, I did not say it was a point of order. I just need clarity from you, hon Chair. can you please hear me out?
Hon member, take your seat, please. If the hon member wanted to respond to this subject, I did call for any other party to make a declaration. The hon member could have come up and dealt with that issue. Is there any other party that would like to make a declaration?
Motion agreed to.
Report accordingly adopted.