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DOCUMENT SUMMARY SHEET
Electronic Phase 3 Report\Final
Reference:
Status: Final Report
Prepared For:
Department of Transport
Forum Building, cor Struben and Bosman Streets, Pretoria
Private Bag X193, Pretoria, 0001
Prepared By:
Aurecon
1040 Burnett Street, Hatfield
PO Box 905, Pretoria, 0001
Tel. : 012-427-2732
Fax. : 012-427-2850
National Transport Master Plan 2005-2050 FILM Phase 3 Report (Final Report) September 2010
TABLE OF CONTENTS
National Transport Master Plan 2005-2050 FILM Phase 3 Report (Final Report) September 2010
2.2.2.1 Multimodal ......................................................................................................... 35
2.2.2.2 Roads ................................................................................................................ 35
2.2.2.3 Rail .................................................................................................................... 38
2.2.2.4 Aviation.............................................................................................................. 42
2.2.2.5 Maritime............................................................................................................. 43
2.3 CONCLUSIONS AND RECOMMENDATIONS ........................................................................ 47
3. LIST OF REFERENCES.................................................................................................... 48
National Transport Master Plan 2005-2050 FILM Phase 3 Report (Final Report) September 2010
LIST OF FIGURES
Figure 1.3.A: Objective - Improve mobility and access to employment opportunities for low-
income earners ...................................................................................................................... 12
Figure 1.3.B: Policies Strategies Plans Matrix ............................................................................. 13
Figure 1.5.A: The ABC of Securitization....................................................................................... 16
Figure 2.3.A: Institutional Change Timescales and Activities ....... Error! Bookmark not defined.
National Transport Master Plan 2005-2050 FILM Phase 3 Report (Final Report) September 2010
GLOSSARY OF TERMS
ACSA Airport Company of South Africa
ATNS Air Traffic and Navigation Services Company Limited
BOT Build Operate & Transfer
CMIP Consolidated Municipal Infrastructure Programme
DEAT Department of Environmental Affairs and Tourism
NDOT National Department of Transport
EBITDA Earnings before Interest, Taxes, Depreciation, and Amortization
GIS Geographic Information Systems
GPS Geographic Positioning System
ICT Information and Communication Technology
IRR Internal Rate of Return
ITS Intelligent Transportation System
LDO Lease Develop Operate
MIG Municipal Infrastructure Grant
MPF Multimodal Policy Forum
MTBPS Medium Term Budget Policy Statement
MTEF Medium Term expenditure Framework
NRFA Namibian Road Fund Administration
NT National Treasury
NATMAP National Transport Master Plan 2005 - 2050
2050
NER National Economic Regulator
NLTTA National Land Transport Transition Act
NLTB National Land Transport Bill
NMT Non Motorised Transport
NPA National Ports Authority
NPV Net Present Value
National Transportation Development Planning & Investment Clearing
NATCH House
PPP Public Private Partnerships
PFMA Public Finance Management Act
PRASA Passenger Rail Agency of South Africa
PTIS Public Transport Infrastructure & Systems Fund
PTOG Public Transport Operations Grant
RWDCE Road Weight Distance Charging Entity
SABOA South African Bus Operators’ Association
SALGA South African Local Government Association
SAMSA South African Maritime Safety Authority
SANRAL South African National Roads Agency Limited
SARCC South African Rail Commuter Corporation
TER Transport Economic Regulator
TICH Transport Investment Clearing House
UTF Urban Transport Fund
VAT Value Added Tax
VUC Variable User Charging
National Transport Master Plan 2005-2050 FILM Phase 3 Report (Final Report) September 2010
National Transport Master Plan 2005-2050 FILM Phase 3 Report (Final Report) September 2010
1. FUNDING FRAMEWORK
1.1 FRAMEWORK RATIONALE
The funding analysis of Phase 2 concluded that:
“…Except for the air mode, transportation investments have trailed economic growth
and, in fact, come in the wake of general ‘divestment’ when considered against
requisite spend just to maintain installed infrastructure and operational capacity. It is
fair to conclude that current flurry of investments are – for the most – a very
necessary attempt to restore lost capacity and as such must be lauded. As a longer
term planning and investment programme, NATMAP 2050 builds on these efforts,
but seeks to ensure sustainability and capacity expansion to 2050. In this respect, a
fundamental recast of funding solutions along the lines proposed below is
mandatory, alongside a review and recalibration of the institutional dispensation to
support and sustain transportation investments as the country prepares to face a
future weaned of fossil fuel dependency, long-term environmental degradation and
the finite nature of funding resources available to address a larger demand accruing
from a fairer and more equitable access regime to transportation for all citizens than
was policy in the past.
National Transport Master Plan 2005-2050 FILM Phase 3 Report (Final Report)
September 2010
Fundamental to above issues is the reality that governments pursue many policy
objectives in transportation – sometimes even parallel objectives that embody
dynamic tensions, if not contradictions.
1.1.1.1 Equity
In modern, democratic SA, there does seem to be general acceptance that each
taxpayer should pay his/her fair share of the cost of government. This ‘consensus’
rests on the ‘twin-notions’ of “benefits received” and “ability to pay”. NATMAP 2050
advocates that both notions should apply when deriving equity in the funding of
transportation investments, i.e., the amount that a user pays should be proportional
to the benefits received and, payments should be in accord with some measure of
capacity to pay.
1.1.1.2 Efficiency
Efficiency is concerned with the avoidance of undesirable economic side effects,
i.e., the tax/charge is neutral in its effects on market behaviour, and does not
introduce any “excess burden” or loss in economic welfare above that resulting from
the tax/charge payment itself. Such effects should be kept at a minimum, unless, the
objective is to induce a change in economic behaviour.
National Transport Master Plan 2005-2050 FILM Phase 3 Report (Final Report)
September 2010
Departure from efficiency in transportation investments for the purpose of inducing
societal desirable economic behaviour is foreign to South Africa, but is gaining
currency and momentum elsewhere, e.g., the congestion pricing in London – UK, for
the purpose of curbing congestion and reducing the need for expensive capacity
expansion. Whilst NATMAP 2050 endorses the departure from efficiency to achieve
wider societal goals, any purpose of a tax/charge other than to raise revenues to
fund transportation infrastructure and/or operations should be clearly delineated, its
distorting economic effects carefully examined, clearly understood and factored into
the decision.
1.1.1.3 Adequacy
Whilst most adequate taxes are generally levied on a broadly-defined base, and are
thus difficult to circumvent, a narrowly defined and/or dedicated transportation
tax/charge is not difficult to avoid through a change of economic behaviour.
Nonetheless, South Africa’s only ‘quasi’ dedicated tax - the fuel tax - is stable, but,
given the conclusions of the energy and environmental analysis, it also is likely to
undergo structural changes which will affect its adequacy during the NATMAP 2050
planning period.
Hence, the adequacy norm, whether in form of taxes or user charges requires that
these bear a degree of correspondence to the costs of providing target
facilities/services for which funds are being raised.
1.1.1.4 Ease of Administration and Compliance
The second World Bank report – “Paying Taxes 2008: The global picture”, measures
how easy it is for companies to pay tax (SA at 61st of 178 countries). It also ranks
countries according to tax burden on companies’ corporate income (SA at 65% of a
company’s total tax rate – against a global average of 37%). At an average of 350
hours a year spent on compliance against less than 50 hours in countries generally
considered as our traditional trading partners, SA’s compliance cost is singularly
uncompetitive. It is against this background that the significance of transportation
related taxes/charges must be evaluated, and, NATMAP 2050 proposals take due
regard of compliance and charge/tax collection costs.
National Transport Master Plan 2005-2050 FILM Phase 3 Report (Final Report)
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1.1.2 2010 Medium Term expenditure Framework (MTEF) Budgeting
Guidelines
In order to properly situate the NATMAP 2050 Funding Framework, it is useful to
summarize the current Treasury practice as it applies to the 2010 MTEF. The
Treasury guidelines are “designed to promote efficiency in infrastructure planning
and budgeting, supporting a better allocation of resources across government”.
They apply to equally to mega-projects of between R300m and R900m as well as
large projects of between R50m and R300m. In setting out full project costs –
including annual operational costs over the lifetime of the asset, the following
evaluated/analysed:
• Needs – or the problem(s) that have given rise to the need;
These guidelines incorporate all elements that NATMAP 2050 would wish to have
included in a discreet project evaluation. However, NATMAP 2050 requires that
projects be evaluated to take account of the multi-modal nature of delivering
transportation investments, emphasising integration and seeking inter-/intra-modal
efficiencies. As a funding framework, it also is concerned with equity, adequacy as
well as ease of administration and compliance of the funding instrument as set out
under 1.1.1 above - in addition to intrinsic project finance efficiencies.
National Transport Master Plan 2005-2050 FILM Phase 3 Report (Final Report)
September 2010
subjected to charges and the behaviour to be influenced is direct and the
charge functions as a “price” rather than a “tax”.
“First generation” road funds can be rejected outright as they, not only constrain
leverage and flexibility in managing macro-policy or reallocating resources in the
light of changing national priorities, but are contrary to the multi-modal and balanced
transport system that NATMAP 2050 advocates.
The use of “second generation” dedicated funds and a decision to introduce such
funds in future must be based on practical and systematic assessment of the
context and ability to minimize abuse and misallocation of resources over time. The
significant operational efficiency gains in overcoming uncertainty in the level and
timing of funding inherent in second generation dedicated funds would contribute to
the NATMAP 2050 adequacy criteria, and is often cited as favouring second
generation dedicated funds. However, as discussed under 1.1.1.3 above, other
factors often outweigh this utility. The judicious application of the NATMAP 2050
funding framework as advocated herein is therefore deemed sufficient without the
use of dedicated mode-specific funds.
Large transportation projects, frequently, exhibit value added outcomes that may, in
and of themselves, be desirable from a societal and socio-economic perspective.
Such outcomes are referred to as structuring, i.e., they cause/induce secondary
beneficial effects on the productive economy. In such cases, a large transportation
project may not entail sufficient monetary investment benefits, or these may be not
sufficient to justify the investment, but its economic structuring benefits may be
nonetheless beneficial to the region/sector/country - enough to counter-balance the
insufficient project’s direct economic/financial benefit, and as such worthy of being
pursued.
National Transport Master Plan 2005-2050 FILM Phase 3 Report (Final Report)
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reveals a surprising degree of suitability, and institutional compatibility with the
South African local circumstances that French practices embody.
1.2.1.1 Objectives
Large transportation projects must contribute to furthering South Africa’s overall
transportation policies, and, to the country meeting its
regional/continental/international obligations. At a micro-level, user needs (travel
time, security, mobility, etc) as well as economic productivity gains constitute some
of the objectives. The quantification of the requisite investment must be
comprehensive and encompass both capex and opex estimates (including ongoing
demands on public funds), externalities and savings due to the project’s
implementation. In addition, any investment that, whilst required for the proposed
project’s viability, but would – at any rate – have been made even in the absence of
the project (termed “eluded investments”) is accounted for in the investment sum
build up, but subsequently excised from the project budget.
1.2.1.3 Operations
Comprising the total project costs and benefits, the socio-economic evaluation will
also factor in anticipated ongoing commitments arising from the project’s
implementation, including savings from non-implementation of competing
investments as well as eluded investments.
National Transport Master Plan 2005-2050 FILM Phase 3 Report (Final Report)
September 2010
1.2.2.2 The escalation rate and public funding constraints
The escalation rate is in constant money, fixed at a uniform X% for all public project
investments. This rate is equivalent of a risk-free rate approximated by Treasury
bonds. This rate will continually decrease to X-n% over the planning period to 2050.
For project evaluations with a greater than a 50-year horizon, a constant rate of Y%
will be applied for the period beyond 50 years.
To be factored in are risk factors, opportunity cost of public funds and the budgetary
constraint.
National Transport Master Plan 2005-2050 FILM Phase 3 Report (Final Report)
September 2010
objectives. These include sectoral interventions and land-use policy goals, traffic
demand management and multi-modal channelling of competition.
Tax/subsidy regime and tariff setting are powerful tools of public policy seeking to
induce user behavioural change. It is capable of attaining an economic structuring
effect.
National Transport Master Plan 2005-2050 FILM Phase 3 Report (Final Report)
September 2010
Escalated benefits accruing to the collective are defined as the difference
between total project costs and benefits. This indicator provides the best
criteria for accepting or rejecting a project proposal. It is expressed as
Definitions:
: year preceding the commissioning of the service provided by
the project , or the project’s first phase
E: duration of construction
T: project lifespan
National Transport Master Plan 2005-2050 FILM Phase 3 Report (Final Report)
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GDP growth,
Traffic,
Energy costs,
VAN= - - +
Whereas:
i: is the reference escalation rate, representative of the
financing cost for the operator
EBE: EBITDA
National Transport Master Plan 2005-2050 FILM Phase 3 Report (Final Report)
September 2010
From an operator’s perspective, the VAN is the best criteria for accepting or
rejecting the investment.
b) The internal rate of return & payback period
c) State subsidies and/or support measures external to the project
In cases where the project’s VAN is insufficient to underpin project operation,
further evaluation w.r.t tariff levels (taking due regard of socio-economic
affordability effects, adapting the project duration in the case of PPPs, or/and
subsidies.
VAN, IRR and payback periods allow for the determination of the project’s
intrinsic feasibility and compare different project proposals before making the
financing choices and determining the amortization policy and cash flows.
National Transport Master Plan 2005-2050 FILM Phase 3 Report (Final Report)
September 2010
1.3 NATMAP 2050 GOAL ACHIEVEMENT MATRIX
Figure 1.3.B below seeks to illustrate how objectives harness policy principles and
appropriate strategies to produce intended outcomes. Its hallmark is the rigour and
discipline that it engenders in the consistency of multi-modal policy application and
inclusion of “non-transport” (in the stricter sense) support policies and measures in
pursuit of prescribed objectives.
Institutional Policy/Measure:
DLA to prescribe national land use norms in favour of high density urban development
Provincial institutional capacity support to under-resourced DMs and policy execution oversight
Planning & investment Policy/Measure:
Derive indicative national average minimum wage & 10% monthly quantum of disposable income
New developments and re-developments to comprise of integrated work-live-recreation precincts
New road developments and periodic road maintenance programmes in urban areas to include
NMT set-asides
Operational, regulatory, concession Policy/Measure:
Regulator to set commuter fare band at R.x at constant prices for 5-years to Year Y
High Occupancy Vehicle lanes on all major corridors
Pricing, Cost-recovery, Taxation & Subsidy Policy/Measure:
Tolling
Mass Rapid Transit subsidies
Strategy 1.1
Charge differentiated user fees which favour public transport on the road network
Strategy 1.2
Prioritize NMT in all new and urban renewal developments
NATMAP 2050:
95% of urban and peri-urban dwellers access to passenger transport at 500m walking distance;
rural access at once-daily availability of village-to-nearest town transport
All local authorities to implement NMT strategies by 2025
PRASA medium-term Plan/Measure:
Improve reliability of scheduled commuter transport to 10 minute interval at peak and 30 minutes
non-peak
18-hour service availability
5-year investment Plan/Budget Provision:
Prioritization of network and rolling stock upgrade and maintenance spend
Demand responsive capacity and service expansion
Investment in service quality and customer-centric delivery
Treasury/DoT subsidy to PRASA to cover shortfall, conditional grants for service delivery
enhancement capex/opex
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Strategy 1.1
National Transport Master Plan 2005-2050 FILM Phase 3 Report (Final Report) September 2010
1.4 CAPITAL VS. OPERATIONAL EXPENDITURE (CAPEX VS OPEX) FUNDING
Transportation investment considered under the NATMAP 2050 Funding Framework are
constituted by five categories, viz., creation (construction) and rehabilitation of the
infrastructure – which is considered to be capital expenditure, as distinct from operational
expenditure, typically – periodic maintenance, routine maintenance and operational
management. Therefore, the framework considers funding modalities of capex distinct from
opex.
Fundamental to above issues is the reality that governments pursue many policy objectives
in transportation – sometimes even parallel objectives that embody dynamic tensions, if not
contradictions.
With regard to transport infrastructure, NATMAP 2050 recognises that much of it has
attributes of natural monopolies, and, that the costs of provision more often than not are
difficult to recover from users and hence engender distributive outcomes. As such, the
funding options adopted for infrastructure provision impact more significantly on the
achievability of NATMAP 2050 Funding Postulates prescriptions than is commonly the case
for operational investments.
international practice does not provide incontrovertible best practice of long-term sustainable
on-track competition - especially for passenger rail. Of course, this does not preclude the
introduction of periodic contestability of concessions or franchises.
National Transport Master Plan 2005-2050 FILM Phase 3 Report (Final Report) September 2010
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• As the bulk of future road infrastructure will most likely be developed along corridors,
especially with respect of terminal nodes along the corridors, the underlying land-use
enhancements should be pro-actively harvested through value capture techniques
that tax the increased economic activity entail;
• Securitization is an innovative funding instrument to be factored in – especially with
respect to funding of facilities (terminals, stations, ports and inland ports, etc). assets
that are able to be ring-fenced, generate discreet and predictable cash-flows which
can be packaged into a debt instrument and on-sold to investors are prime
candidates for securitization – see diagram below.
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that must be delivered in as strict adherence to the NATMAP 2050 Funding criteria as
practically feasible.
The NATMAP 2050 Road Mode Opex approach is two-fold.
First the approach considers the funding of access to the road network through an access
right fee.
• This fee is graduated to reflect personal utility to the road user, i.e., private access
not for economic gain using a private vehicle is charged at a lower rate than for an
equivalent vehicle accessing the network for commercial gain – whether for
passenger or goods movement; and
• In the case of access for commercial gain, the access fee is further graduated to
reflect a higher personal utility accruing to the user as the road network now serves
as a capital asset to the creation of earnings that accrue discreetly a particular
vehicle owner;
• In addition to this graduation of personal utility accruing to the commercial user of the
road infrastructure, the fee is adjusted to reflect the potential stress on the road
surface caused by the commercial and hence the inherent ability to damage the
infrastructure that accrues and is aggravated by the relative weight-carrying ability of
the heavy duty vehicle being licensed to access the road network. Finally,
• A further graduation in access costs makes adjustment for equity in providing mobility
to all citizens of South Africa, viz., passenger vehicles access the network at a
discount to their equivalent heavy duty goods carrying trucks, in order to compensate
for the access becoming a barrier to affordability and hence lowering individual
mobility.
• A further consideration could be a “punitive” element to the fee build-up to
compensate for and/or discourage noxious effects of externalities on the
environment. This would be based on a “carrot & stick” formula to encourage
migration towards cleaner technologies for automotive mobility needs and so
introduce pus-pull factors in favour of public transport in the case of passengers and
rail goods transport in the case of haulage.
Secondly, the approach applies the principle of user charges to the usage of the road
network. Again, for reasons of equity and efficiency, similar adjustments to the user charge
rates are applied in accordance to the NATMAP 2050 funding criteria which prescribe that
equity, efficiency, adequacy and ease of compliance must underpin all funding instruments
for all modes of transport. NATMAP 2050 proposes to harness 21st century technology to
leapfrog the application and collection of user charges.
Road Opex funding is proposed to be shared between the 3 spheres of government as
follows:
For Access rights fees:
• National government: 0%
• Provincial government: 0%
• Local government: 100%
Access rights fee collection is to continue in form of yearly renewable licences. The
applicable quantum is however to be guided by the graduation as discussed above, and
accrue solely to local authorities.
For user charges:
• National roads/government: Actual kilometres travelled
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National Transport Master Plan 2005-2050 FILM Phase 3 Report (Final Report) September 2010
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freight gradually migrating towards an economic rates regime to better reflect the cost of
infrastructure provision.
The Gautrain and Moloto Corridor high speed rail on standard gauge lead the rail
rejuvenation in SA. The momentum must be sustained. Future green-field rail projects such
as high speed lines, new freight lines, major station developments and re-developments
must consider incorporating PPPs and/or concession parties other than incumbents to instil
a measure of competition in the provision of service – as well as infrastructure, where
financially feasible.
With regard to branch line infrastructure, there needs to be an instance that will house these
assets in a dedicated rail infrastructure agency, whilst alternative operation is sought. The
agency could evolve into an institution servicing both passenger and freight rail operations
holding the entire rail infrastructure park in South Africa.
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“…the Consultant task is to recommend the most cost effective, homogenous and
dynamic institution structure that will enhance land use/transportation integrated
administration, planning, and operations for the planning period of 2005-2050.
Create a homogenous Department of Transport in all its aspects by land and sea and air
to embrace Railways, Road Transportation, Shipping and Civil Aviation in all their
general aspects including various Agencies dealing with specialised aspects of
transportation in this country.”
• To introduce institutions and instruments where modal choice decisions are taken for
“mega transport infrastructure investment projects”.
• To introduce homogenous economic regulation to the different modes of transport
where pricing is distorted due to lack of competition.
• To ensure homogenous safety regulation entities for the different modes.
• To take responsibility for the strategic development of different modes by producing
Integrated National Master Plans for infrastructure and facilities of each mode.
• Ringfencing of infrastructure and operational costing in areas (like rail and pipelines)
where vertical separation of existing entities is not currently possible due to lack of
proven viable alternatives at this point in time.
• To introduce mechanisms to transfer the “real cost of transport” to transport
operators by charging for the use of infrastructure in terms of weight distance
charging.
• To introduce user representation onto the boards of institutions that provide transport
infrastructure.
• Evaluate effectiveness of provincial departments/agencies responsible for spending
on transport infrastructure to ensure effective spending of public funding. From
evaluation to develop delivery and spending criteria.
• Ensure that existing institutions execute on existing mandates by highlighting areas
where they are currently failing in their duties.
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• To benefit from the effectiveness and proven delivery of institutions for the provision
of transport infrastructure of national importance (SANRAL, ACSA), by expanding
their responsibilities by enlarging their portfolios by transferring infrastructure from
less effective institutions.
• Ensure effective coordination structures between National, Provincial and Local
government levels. Also ensure coordination with other relevant government
departments takes place that ensures alignment, cooperation and coordination of
service delivery.
The statement “structure follows strategy” requires that each strategy be sufficiently
supported by structures for delivery. The above strategies are now discussed in terms of the
proposed new institutions, changes to existing institutions to give effect to them, according to
modes: multi-modal; roads; rail; aviation and maritime.
Institutional Issues:
The proposed roles, functions and responsibilities of the forum should inter alia include:
• Develop policy in terms of the roles, responsibilities and boundaries of the “playing
fields” of the different modes.
• Give guidance to the different modes to understand their “playing fields” and allow
the modes to develop operational policy and strategy where most appropriate and
limit “turf-wars” between modes. It is expected to channel energy away from modal
pre-occupations and infighting to focused relevant and credible infrastructure
delivery.
• Ensure overarching alignment of modes in a multimodal transport environment.
• Ensure multimodal policy support to inter alia land-use and environmental issues.
• Coordination of Master Plans of Transport Modes
The proposed forum should be part of the future Department of Transport structure in order
to centralise transport policy formulation in a cost effective and homogenous way inside a
National Transport Master Plan 2005-2050 FILM Phase 3 Report (Final Report) September 2010
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dynamic structure. This would enable the DOT to enhance inter alia land use/transportation
policy coordination.
The composition of the forum should consist of policy experts for the different modes with
experience in a multimodal environment. It should also contain representation from other
government departments like Land-use, Environment, etc.
Legal Issues:
This institution, as well as other proposed institutions, must be seen in the light of the roles
of the spheres of government as set out in section 11(1) of the National Land Transport Act
5 of 2009 (NLTA). This section came into operation on 31 August 2009, along with other
sections on contracting for public transport services. In terms of section 11(1)(a), the role of
the national sphere of government is, among other things, to─
As regards the intergovernmental relations aspect of the proposed Multimodal Policy Forum
(MPF), MINMEC already exists as a national intergovernmental forum contemplated in
section 9(2) of the Intergovernmental Relations Framework Act 13 of 2005. MINMEC has
sub-committees to involve municipalities, and these could be expanded or adapted to
incorporate other government departments and the aspirations of the proposed Multimodal
Policy Forum (MPF). However, a forum is needed that also incorporates the various modal
entities, including PRASA (rail passenger), Transnet (rail freight), SANRAL (national roads)
as well as private entities such as SABOA (SA Bus Operators’ Association) and taxi
associations.
The proposed forum could either be established by statute, i.e. by an act of Parliament, or
informally by the Minister as a non-statutory structure. There is probably no need for it to be
established as a formal public entity in terms of the PFMA, but rather as a consultative
forum. However, if the forum is to have “teeth” to take decisions or give approval for actions
or to undertake planning that is binding on landowners etc. legislation will be needed to
provide for this. It may also be necessary to fund certain activities of the Forum, in which
case legislation will be needed unless the funding can be sourced from the DoT’s normal
budget. An alternative would be for the Minister to establish the Forum informally as a
consultative body, but it would then lack the power to take binding decisions and all funding
would have to come from the DoT’s normal budget.
If it is decided to establish the MPF by statute, a Bill must be prepared to set out its
functions, powers and duties, the membership of the forum and “housekeeping” matters
such as holding of meetings, procedures, quorums etc. and provisions on funding. The
procedure for preparing and passing Bills is set out below.
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If the Forum will fall within the definition of “public entity” in the PFMA, the Department will
have to follow the steps listed below in respect of the proposed Transport Investment
Clearing House (TICH) and National Economic Regulator (NER), and the Forum will have to
be listed in Schedule 3 of the PFMA.
Provincial Issues:
This institution would provide the necessary guidance to the provincial institutions that are
currently contributing to turf-wars in the provincial and municipal spheres.
In line with section 11 of the NLTA, the Forum, as a national institution, will be able to co-
ordinate between provinces and municipalities and assign functions to them. It can also
assist with capacity building and other assistance. Legislation in each province will have to
be examined to see if it needs adjustment to accommodate the objectives of the Forum.
Provincial legislation can only be repealed or amended by the relevant provincial legislature,
but national legislation can override provincial legislation if it falls within the categories listed
in section 146(2) of the Constitution.
‘to introduce institutions and instruments where modal choice decisions are taken for
“mega transport infrastructure investment projects”’.
It would serve as a clearing house for transport infrastructure projects that require
investment. The institution would be “mode neutral”. Projects would be evaluated in terms
of appropriateness of the mode, integration with other modes and land-use in order to
ensure best solution in the national interest.
Institutional Issues:
The proposed roles, functions and responsibilities of the institution should inter alia include:
• Assist, support and advise transport institutions with limited skills in the formulation of
transport investment proposals that could ultimately be presented to the fiscus for
funding.
• Technical and financial evaluation of alternative modal solutions to transport
problems of a national nature.
• Motivation to the National Planning Commission and/or the fiscus to ensure funding
is obtained for mega transport infrastructure projects after determining the best or
appropriate mode.
• Ensure appropriate procurement policy
• Perform other functions necessary for the realisation of its objectives.
• Additional functions which may include:
o Provide technical, management and financial advisory services, training and
other support services to transport infrastructure management institutions and
the DOT.
o Subject to approval by the minister provide its services outside the Republic
of South Africa
National Transport Master Plan 2005-2050 FILM Phase 3 Report (Final Report) September 2010
USE OF TRANSPORT INVESTMENT CLEARING HOUSE (TICH) IN THE NATMAP 2050
DEVELOPMENT PLAN APPROVAL PROCESS
Application of overarching criteria as
Given and within NATMAP 2050 objectives provided for in NATMAP 2050 long- Match with
National, Provincial Departments, DMs and term strategic goals and objectives for Macro policies,
Metros & Agencies the entire country, e.g., say sectoral strategies
Formulate their strategic goals,
Growth, and targets
project/programme objectives Poverty alleviation, Resource availability
o Projects proposals Regional distribution, – physical / financial
o Set out their financial requirements Infrastructure to support specified / human
goals, etc
Approval by
Review Review Assess Allocate Integrate into Cabinet –
Plan Investi- Select resources National Planning Parliament ..
Formulate gate Recom- Prioritize Commission’s Imple-
funding Consult mend development plan mentation
requests
Provide implementing
Match with overall financial organs/agencies with
Objectives & resources list of
issues Multi-modal assessment and programmes/projects
Concepts resource levelling among Provinces, Assist with
Scope Metros, DMs and Agencies implementation
Costs List of programmes/projects Monitoring
• The institution may perform additional functions that are incidental to its primary
functions only if it:
o Does not limit its capacity to perform its primary functions.
o Is not to the financial prejudice of itself or detrimentally affects another
transport infrastructure management institution.
• In the execution of its activities it must:
o Be customer orientated.
o Ensure compliance with national policy
• Interact with the NPC on planning and investment in mega infrastructure projects.
The proposed structure is to consist of permanent officials with multimodal, financial and
mode specific experts in infrastructure and operations.
It should not own any infrastructure but ensure that infrastructure created complies with
national transportation needs.
Legal Issues:
This institution would share similarities with Transfund New Zealand and the Namibian Road
Fund Administration.
In order to establish its powers, functions and duties clearly, the TICH should be set up by
statute, i.e. by a national act of Parliament. In terms of section 48 of the Public Finance
Management Act 1 of 1999 (PFMA), it would be classified as a national public entity i.e. an
entity which is not a national business enterprise (it will not carry on a business activity) that
is─
- Established in terms of national legislation
- Fully or substantially funded from the National Revenue Fund or from a tax, levy or
other money imposed by national legislation, and
- Accountable to Parliament.
The entity will have to be listed in Schedule 3, Part A of the PFMA. Prior to its establishment,
a business case should be compiled and submitted to the National Treasury for approval to
motivate the establishment of the Clearing House. The business case should deal with the
following issues, among others, which will be incorporated into the Bill establishing the TICH:
a) A motivation of the need for the TICH, its proposed purpose and functions and why
the functions cannot be undertaken by the DoT in terms of its constitutional mandate.
b) Other possible institutional options – such as a more informal national
intergovernmental forum established in terms of section 9 of the Intergovernmental
Relations Framework Act 13 of 2005.
c) The corporate structure and an explanation of how it will comply with the National
Guidelines for Public Entities and the King II/King III recommendations, whichever is
applicable.
26
d) The governance structure, i.e. the board or other structure that will govern the TICH
and its proposed composition and proposed committees of the Board.
e) Accountability – to the Minister and to Parliament, and requirements for strategic
plans, business plans, performance agreements, auditing and reporting.
f) Chief Executive Officer (CEO) and staffing, i.e. the organisational and human
resource implications.
g) Funding of the entity and financial controls.
Once Treasury and other necessary approvals have been obtained, a draft Bill must be
prepared to establish the TICH. This Bill should contain the following clauses as a minimum:
a) Definitions
b) A clause establishing the TICH as a public entity
c) The objects/goals of the entity
d) Its functions and objectives, i.e. more specific measures to attain its objects
e) Powers of the entity, i.e. powers necessary to achieve its objectives and ancillary
powers, such as whether it may own immovable property. These will include the
powers listed above to set policy etc.
f) Service level agreement (if it is decided to have one)
g) Power of the Minister to give directives to the entity
h) Structure of the board, appointing members, term of office, disqualifications,
termination of membership etc.
i) Meetings of board and board committees. In terms of the PFMA certain committees
are compulsory, such as an audit committee
j) Board charter (if applicable)
k) Appointment of CEO, conditions of office, delegations etc.
l) Appointment of personnel
m) Assets of the entity (if applicable). It may need to own offices and equipment etc.
n) Finances – i.e. how will the entity be financed, e.g. by grants from Parliament. Assets
may be transferred from the DoT
o) Bank account, auditing and financial management
p) Strategic plan, monthly, quarterly or annual reports
q) Liquidation or termination of the entity
r) Other provisions, such as exemption from taxes.
The Bill must be discussed with interested parties/stakeholders such as the National
Treasury, PRASA, SANRAL and other entities that will be affected, etc. It should also be
published for comment in the Government Gazette. The Bill once finalised must be
submitted to Cabinet for approval and to the State Law Advisers for certification. It is then
introduced to Parliament. It will probably be designated as a “section 76” [of the Constitution]
Bill as affecting the provinces. It should be noted that if it is proposed to raise taxes or levies
to fund the entity, these provisions must be contained in a separate Bill, called a “money bill”
which is introduced by the Minister of Finance under section 77 of the Constitution.
The Bill and the proposed entity will have to comply with Part 9 of the Treasury Regulations
on listing of the entity, responsibilities of the accounting officer, internal control and corporate
management, auditing etc.
Provincial Issues:
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Care should be taken to ensure that the TICH functions are in line with section 11 of the
NLTA. Legislation in each province will have to be examined to see if it needs adjustment to
accommodate the objectives of the Forum. Provincial legislation can only be repealed or
amended by the relevant provincial legislature, but national legislation can override
provincial legislation if it falls within the categories listed in section 146(2) of the Constitution.
Institutional Issues:
The proposed roles, functions and responsibilities of the institutions should inter alia include:
• Receive the access charges and user charges that accrue to the province and which
are collected by inter alia the Road Weight Distance Charging Entity.
• Manage the funds dedicated to transportation infrastructure in accordance with
statutory requirements.
• Have borrowing powers in light of the extensive amounts that would accrue to the
province annually.
• Prioritise provincial transport projects for funding from the fund.
• Projects that cannot be funded from the provincial funds could be referred to the
Transport Investment Clearing House for possible funding.
Legal Issues:
Legislation will be needed to establish these provincial funds. It will not be necessary to
establish new entities, as the funds can be managed by the relevant provincial MEC. The
legislation could also provide for specialised personnel to be appointed within each
provincial department to manage the fund.
It should be noted that the National Treasury has opposed the creation of similar funds in the
past. For example, when the National Land Transport Act, 2009 was introduced to
Parliament as a Bill it included provision for provincial land transport funds to be created.
This was opposed by the Treasury, on the basis that the type of funding envisaged could be
dealt with by conditional grants made by the Division of Revenue Act each financial year.
However, the idea of the funds as suggested above is supported because provision can be
made for a number of sources of funding for the funds and the use of the funds will be
dedicated to the purposes stipulated in the proposed legislation.
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It should be noted that in terms of section 228 of the Constitution, provincial taxes or levies
may only be imposed in terms of national legislation, i.e. the Provincial Tax Regulation
Process Act 53 of 2001. This Act provides for a process that must be followed before such
taxes or levies may be imposed, including approval by the Minister of Finance. If the
proposed access and other charges can be seen as user charges, this process will not
apply. This applies to the tolls raised on national roads in terms of the SANRAL Act, 1998
which are seen as user charges.
The funds will also have to operate within the framework of the Public Finance Management
Act 1 of 1999 (PFMA), which, for example, has limitations and restrictions on borrowing by
provinces. Regard should also be had to the Borrowing Powers of Provincial Government
Act 48 of 1996.
Provincial Issues:
Legislation in each province will have to be examined to see if it would affect the creation or
the management of the fund. If amendments are required, they will have to be effected by
the relevant provincial legislature. National legislation can override provincial legislation if it
falls within the categories listed in section 146(2) of the Constitution, for example if it is
necessary for the promotion of economic activities across provincial boundaries.
Economic regulation in the transport field consists of generic issues which apply across
different modes as well as modal specific issues which require special attention. The terms
of reference require the Consultant “to recommend the most cost effective, homogenous
and dynamic institution structure”. In support of this requirement it is therefore proposed
that a multimodal Transport Economic Regulator be created with divisions responsible for
the different modes.
Institutional Issues:
The regulator would have the following roles, functions and responsibilities:
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Legal Issues:
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In order to set out its powers, functions and duties clearly and to provide for the necessary
powers and funding arrangements, the TER should be set up by statute, i.e. by a national
act of Parliament. In terms of section 48 of the PFMA it would be classified as a national
public entity, as with the TICH.
The entity will have to be listed in Schedule 3 Part A of the PFMA. Prior to its establishment,
a business case should be compiled and submitted to the National Treasury for approval to
motivate the establishment of the Regulator. The business case should deal with the
following issues, among others, which will be incorporated into the Bill establishing the TER:
a) A motivation of the need for the Regulator, its proposed purpose and functions and
why the functions cannot be undertaken by the DoT in terms of its constitutional
mandate.
b) Other possible institutional options – such as a more informal national
intergovernmental forum established in terms of section 9 of the Intergovernmental
Relations Framework Act 13 of 2005.
c) The corporate structure and an explanation of how it will comply with the National
Guidelines for Public Entities and the King II/King III recommendations.
d) The governance structure, i.e. the board or other structure that will govern the TER
and its proposed composition and proposed committees of the Board.
e) Accountability – to the Minister and to Parliament, and requirements for strategic
plans, business plans, performance agreements, auditing and reporting.
f) Chief Executive Officer (CEO) and staffing, i.e. the organisational and human
resource implications.
g) Funding of the entity and financial controls.
Once Treasury and other necessary approvals have been obtained, a draft Bill must be
prepared to establish the Regulator. This Bill will contain the following clauses as a
minimum:
a) Definitions
b) A clause establishing the TER as a public entity
c) The objects of the entity
d) Its functions and objectives, i.e. more specific measures to attain its objectives
e) Powers of the entity, i.e. powers necessary to achieve its objectives and issues such
as whether it may own immovable property. These will include the powers listed
above to approve tariffs and regulatory fees, to hear appeals and complaints,
evaluate the need for subsidies and approve subsidy allocations, etc.
f) Service level agreement (if it is decided to have one)
g) Power of the Minister to give directives to the entity
h) Structure of the board, appointing members, term of office, disqualifications,
termination of membership etc.
i) Meetings of board and board committees. In terms of the PFMA certain committees
are compulsory, such as an audit committee
j) Board charter (if applicable)
k) Appointment of CEO, conditions of office, delegations etc.
l) Appointment of personnel
m) Assets of the entity (if applicable). It may need to own offices and equipment etc.
n) Finances – i.e. how will the entity be financed, e.g. by grants from Parliament. Assets
may be transferred from the DoT
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The Bill must be discussed with interested parties/stakeholders such as the National
Treasury, PRASA, SANRAL and other entities that will be affected, etc. It should also be
published for comment in the Government Gazette. The Bill once finalised must be
submitted to Cabinet for approval and to the State Law Advisers for certification. It is then
introduced to Parliament. It will probably be designated as a “section 76” [of the Constitution]
Bill as affecting the provinces. It should be noted that if it is proposed to raise taxes or levies
to fund the entity, these provisions must be contained in a separate Bill, called a “money bill”
which is introduced by the Minister of Finance under section 77 of the Constitution.
The Bill and the proposed entity will have to comply with Part 9 of the Treasury Regulations
on listing of the entity, responsibilities of the accounting officer, internal control and corporate
management, auditing etc.
Provincial Issues:
Certain provincial legislative amendments may have to be effected as a result of the
introduction of such an institution. Provincial legislation will have to be amended to reflect the
additional roles and responsibilities granted to the TER.
2.2.1.2 Roads
Road Weight Distance Charging Entity
The proposed institution would be responsible for charging weight distance related charges
for the use of the roads infrastructure (on all levels) in a way that allows for the maintenance
and future expansion of the network.
“Within 5 years to develop a revenue collection design, funded through user pay
methods, acceptable and visible to the public, that ensures a flow of revenue
sufficient to annually maintain, preserve and improve highway and road system”
Internationally, traffic congestion is costing countries a lot. On the other hand high
international fuel prices increase pressure on fuel levies as an acceptable source for
infrastructure spending. It is therefore time to move towards “Variable User Charging” (VUC)
to capture externalities like congestion, air pollution, greenhouse gas emissions and safety.
The collection system should have inter alia the following characteristics:
• Vehicles in future to be charged by their weight and the distance they travel and not
solely by the fuel they use. This takes care of economic efficiency, fairness, etc.
• Charges should be closely related to the use made of the roads.
• It should be possible to vary prices for different roads (or areas), at different times of
day, week or year and for different classes of vehicle.
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• Prices should be stable and readily determinable by road users before they embark
on a journey.
• Incidence of the system upon individual road users should be accepted as fair.
Method should be simple for the users to understand.
• Equipment should possess a high degree of reliability.
• Should be reasonably free from evasion and fraud.
• Should be able to be applied across the country and for an ever growing vehicle
population.
• Should also allow for alternative energy sources.
• Zero charging on some roads while existing contracts on the toll gate system are
managed out of the system.
• In Oregon (USA) charging is proposed at the fuel pumps based on GPS distances of
roads used and charges.
• Use existing GPS technologies and networks for movement tracking. Include
collection station (propose fuel station) onto the network to measure and charge.
• Prepaid should be possible.
The following traveller responses can be expected, depending on the structuring of the
system and charges:
• change in departure time,
• changes in routes,
• changes in modes,
• reduce number of trips,
• work from home,
• change destination,
• move to another location to reduce travel implications,
• find another job, etc.
Institutional Issues:
The institution should inter alia have the following roles, functions and responsibilities:
• Develop a cost effective system for the collection of “weight distance charges”.
• Use existing technologies and infrastructure as far as possible.
• Apply variable pricing on infrastructure and allow for zero charging on parts of the
road network.
Legal Issues:
A precedent for the Road Weight Distance Charging Egency (RWDCE) is to be found in the
Namibian Road Fund Administration (NRFA), which was created by Namibian Act 18 of
1999. The objects of the NRFA are to “manage the road user charging system in such a
manner as to secure and allocate sufficient funding for the payment of expenditure” on the
national road system, and on related matters such as funding the traffic information system,
road traffic law enforcement etc. The NRFA has wide powers to determine road user
charges, which include weight distance charges, entry fees on foreign vehicles, motor
vehicle licence fees and fuel levies. The NRFA and Transfund New Zealand can be used as
useful precedents in drafting the necessary legislation and establishing the RWDCE.
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It may not be necessary to establish a new agency: SANRAL is currently allocated the
function of planning and funding national roads, and for recommending tolls to the Minister in
terms of the South African National Roads Agency Limited and National Roads Act 7 of 1998
(SANRAL Act). This Act could be amended to give SANRAL the power to raise weight
distance charges. One limitation is that SANRAL is only responsible for national roads, while
the RWDCE could be given powers to raise money for provincial roads as well, although it
should be noted that “provincial roads” is an exclusive provincial function in terms of
Schedule 5 of the Constitution.
The RWDCE will need powers to raise taxes and levies. These provisions must be contained
in a separate Bill, called a “money bill” which must be introduced to Parliament by the
Minister of Finance under section 77 of the Constitution. However, this will not apply if the
charges are seen as user charges. This is why the provisions of section 77 were not applied
to the SANRAL Act in 1998: tolls are seen as user charges, and not as a tax or levy.
Treasury will have to be asked to take a decision on this issue. If the charges are seen as a
tax or levy, there will have to be two pieces of legislation: one establishing the RWDCE and
providing for its governance, powers, duties, staffing etc. and another providing powers for it
to raise levies or impose weight distance charges. It is obvious that prior approval from the
National Treasury will be necessary for this legislation.
If the RWDCE is to become responsible for tolling of national roads, the SANRAL Act will
have to be amended accordingly. Currently SANRAL is allocated the function of
recommending tolls to the Minister and for the funding of national roads. The SANRAL Act
will have to be amended substantially if this function is to be transferred to the RWDCE.
Provincial Issues:
As stated above, the RWDCE could be given powers to raise money for provincial roads as
well, although it should be noted that “provincial roads” is an exclusive provincial function in
terms of Schedule 5 of the Constitution. A national agency raising money for provincial roads
and transferring the money to provinces should not be a problem. However, provinces have
the power to plan provincial roads. National funds could be given as a conditional grant,
where conditions are imposed on the receiving province. A precedent for this is the Public
Transport Operations Grant (PTOG) which was introduced on 1 April 2009 by the Division of
Revenue Act 12 of 2009, as a conditional grant to provinces.
2.2.1.3 Rail
Rail Infrastructure Agency (RIA)
From analysis it is clear that the rail transport environment is not accessible to private rail
transport operators. In order for the rail mode to play its optimum role to provide for the
needs of the South African economy up to 2050 it would need to become more responsive to
market forces. It is therefore inevitable that rail infrastructure and rail operations would have
to be separated before 2050. In order to prepare for such an ultimate process an
appropriate agency should be created to which rail infrastructure assets can be transferred.
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Institutional Issues:
The roles and responsibilities of such an agency should inter alia consist of the following:
Legal Issues:
National Legislation will have to be drafted to provide for the establishment of a rail
infrastructure agency as contemplated above the Act will have to provide for, amongst other
things, the following:
• Establishment of the agency and providing for its membership
• The functions, powers and duties of the agency
• “Housekeeping matters” such as holding of meeting, procedures coreames etc and
provisions on funding
If the recommendation that there should be a “vertical” separation between the management
of Rail Infrastructure and Rail Operations is accepted then the legislation governing Transnet
and PRASA will have to be amended to make provision for the new dispensation
Provincial Issues:
Provincial legislation will have to be scrutinised and amended (if required to provide for the
transfer of assets to the newly established RIA and other relating matters).
2.2.1.4 Aviation
No new institutions are proposed.
2.2.1.5 Maritime
No new institutions are proposed.
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2.2.2.1 Multimodal
DEPARTMENT OF TRANSPORT
In order to allow for a competitive transport environment it is necessary to re-organise the
structure of the DOT. The proposed restructuring should promote regulated competition in
those areas/modes where market forces are failing.
Institutional Issues:
The changes that would be required include:
• Create or reorganise Freight Regulation Division to cover road, rail, ports, pipelines
and air transport
• Reorganise safety regulation for Road, rail, ports, pipeline, air and provide
multimodal/homogenous guidance to regulators.
• Create a Transport Economic Regulator with divisions for road, rail, ports, pipeline,
air as discussed elsewhere.
• Organise State Asset Agencies i.e. Roads Agency, Rail Infrastructure Agency, Ports
authorities, Pipeline Agency , Airports Agency under an Asset Management Division
in the DOT.
Consultants will be needed to assist with the integration of existing entities and agencies into
a cohesive system as well as the development of the management and monitoring systems
required to create registers and define procedures.
Legal Issues:
The Minister has the discretion to restructure the Department as he sees fit. If so desired,
legislation could be drafted to provide that specialist divisions must be created within the
Department with officials having specified qualifications, knowledge, training or experience.
Provincial Issues:
The provinces should be consulted before restructuring the Department, both to obtain their
input as to co-ordination and liaison, and as input to the restructuring of their provincial
transport departments.
2.2.2.2 Roads
SANRAL
SANRAL is a very effective instrument in the delivery of road infrastructure. There are
opportunities to extend the impact of this agency by extending its responsibilities.
Institutional Issues:
The following changes are required in this institution:
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• Expand the road network so that SANRAL is responsible for roads of national
importance on the primary and secondary networks and continuously add to those
networks.
Legal Issues:
With regard to the first institutional issue it must be noted that SANRAL is governed and
controlled by a Board of Directors consisting of the following members:
the Chairperson;
a person representing the Department of Transport;
a senior officer of the Department of Finance;
the Chief Executive Officer, of SANRAL; and
four other persons having special qualifications, skills, expertise or experience in
matters concerning national roads, corporate governance, financial management,
business or operations of the Agency.
If the proposed institutional issues are implemented, then Section 12 of Act no. 7 of 1998
(The SANRAL Act) must be amended to include freight and passenger operators to be
represented on the board.
With regard to the second institutional issue, SANRAL has the ability to declare provincial
and/or municipal roads as national roads and as toll roads, if the need arises and therefore it
already has the legislative power to enlarge their portfolio. No amendments for this act will
thus be required.
The TICH will have an influence in terms of the act creating it which will regulate the
SANRAL Act, for it is proposed that TICH should serve as a clearing house for
transport infrastructure projects that require investment. Projects would be
evaluated in terms of appropriateness of the mode, integration with other modes
and land-use in order to ensure best solutions in the national interest.
One of the many main functions of SANRAL as an agency is to appoint any private
person, institution or body, in terms of a contract concluded for that purpose, in
order to perform any work on behalf of the Agency with regard to the planning or
design of a national road or proposed national road or the construction,
operation, management, control, maintenance or rehabilitation of a national road,
or in order to perform any work in the execution of a project or in connection
therewith, and to monitor the execution and the work performance. It may also
charge a levy or fee for services done by SANRAL.
If the proposed TICH is established, it will have an enormous impact on the managing and
regulation of the appointment of contractors and entities to fulfil certain work for or on behalf
of SANRAL.
Provincial Issues:
No legislative amendments at the provincial sphere are foreseen at this stage.
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Institutional Issues:
The following is recommended for the Provincial Departments of Roads (or Agencies):
• Maintain equitable share contributions to provinces to ensure that “social” and “rural”
roads are maintained in the interest of the country.
• Commission a national study to evaluate or audit the cost, effectiveness and
efficiency of the provincial departments.
• After completion of the evaluation or audit study, to commission the development of
standards that would allow for more effective and efficient operations on the
provincial level, if applied.
Legal Issues:
With regard to the first institutional issue, no amendments have to be made to legislation at
this point in time, because if the institutional proposal is accepted, a national study must first
be completed and standards have to be developed.
According to the Appropriation Act, 2009, budgets are divided as set out underneath. In the
light of section 33 of The Appropriation Act 2009 the purpose of transportation budgets is to
lead the provision of an integrated, sustainable, reliable and safe transport system, through
safety and economic regulation, planning, development and coordination.
After the proposed study has been completed it will become clear if any institutional changes
to any Provincial Department need to be effected or not. The recommendations of the study
could also result in certain legislative amendments.
It is however very important to remember that section 26 of the PFMA provides for annual
appropriations in a way that Parliament and each provincial legislature appropriate money
for each financial year for the requirements of the state and the province, respectively.
According to the Constitution there is a National Revenue Fund into which all money
received by the national government must be paid, except money reasonably excluded by
an Act of Parliament.
Money may furthermore only be withdrawn from the National Revenue Fund in terms of an
appropriation by an act of Parliament, or as a direct charge against the National Revenue
Fund, when it is provided for in the Constitution or an act of Parliament.
A province's equitable share of revenue raised nationally is a direct charge against the
National Revenue Fund.
The Constitution furthermore provides that there is a Provincial Revenue Fund for each
province into which all money received by the provincial government, except money
reasonably excluded by an Act of Parliament, must be paid.
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Money may be withdrawn from a Provincial Revenue Fund only in terms of an appropriation
by a provincial Act, or as a direct charge against the Provincial Revenue Fund, when it is
provided for in the Constitution or a provincial act.
The abovementioned Constitutional stipulations must be borne in mind before any provincial
act regulating appropriations is amended.
Provincial Issues:
Depending on the exact content of the Act establishing the TICH, it is possible that certain
provincial acts will need to be amended to be in line with the TICH Act.
2.2.2.3 Rail
There are two major government owned rail entities in South Africa. They are:
• Transnet: responsible for the national rail freight network consisting of a rail network,
freight loading and distribution facilities and other support structures.
• PRASA: responsible for the primary commuter rail networks in the major metropolitan
areas of South Africa, consisting of commuter station infrastructure and commuter
lines.
There is also some sharing of rail networks in some areas, with freight trains running on
metropolitan commuter networks and commuter and long-distance passenger trains running
on freight lines.
Institutional Issues:
The following changes are proposed to address some of the concerns:
Legal Issues:
Transnet Limited was established by the Legal Succession to the South African Transport
Services Act 9 of 1989 (Legal Succession Act) as a company of which the state is the only
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shareholder. It has the following divisions: rail freight, pipelines, national ports (soon to be a
separate entity) and SA Airways (soon to be a separate statutory body – a company called
SA Express has been created by Act 34 of 2007).
The long-distance passenger rail service (Sosholoza-Meyl) has been incorporated into
PRASA. Transnet is a government institution, but is an operating company focused on
making profits and reducing losses. It has no statutory obligation to protect the public
interest, although this is certainly implied. The Act states that the commercial enterprise of
the former SA Transport Services was transferred to Transnet.
Transnet must plan for the infrastructure and activities under its control.
Transnet is a statutory company, incorporated under the Companies Act, 1973 and currently
with the State as only shareholder. It may establish subsidiary companies and participate in
the ownership of other companies.
The provision in the Legal Succession Act that required Transnet to provide services in the
public interest to the SARCC or a transport authority (section 15) has been repealed. This
indicates that Transnet is now more autonomous and accounts only to the Minister of Public
Enterprises.
Transnet is supposed to operate on a commercial basis and show a profit. Profits accrue to
the State as shareholder and, as stated above, the Minister of Finance may distribute some
or all of this profit to PRASA. Transnet may issue financial instruments, including stock,
securities, bills, promissory notes, debentures, debenture stock, bonds, annuities and
negotiable certificates of deposit (s. 19). This may be done only as long as the State holds
all of the shares in Transnet. The Minister must consent and obtain the concurrence of the
Minister of Finance. Transnet may also raise loans. Its financial activities are subject to the
controls and restrictions in the PFMA.
Although Transnet is a state-owned company, its main focus is on generating profit. It has
thus been reported that some dedicated passenger lines which are important national assets
have been neglected pending their transfer to PRASA.
Provincial Issues:
No legislative amendments at the provincial sphere are foreseen at this stage.
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Institutional Issues:
The following changes are proposed to address some of the issues:
Legal Issues:
PRASA is a statutory corporation with separate legal personality. Its affairs are managed by
a Board of not more than 11 members appointed by the Minister. The Act stipulates the
following about Membership of the Board:
Thus, if the proposed institutional issues are implemented, amendments should be made to
the composition of the Board to include metros to be effectively represented on the Board.
PRASA controls a large section of rail infrastructure, and must plan for the establishment
and maintenance of rail passenger infrastructure, as well as for its rail services.
The Passenger Rail Agency of South Africa, PRASA, merges the operations, personnel and
assets of the former South African Rail Commuter Corporation, Metrorail, Intersite Property
Management Services, Shosholoza Meyl and the long distance bus company, Autopax.
If any of the proposed institutions, especially the proposed TER, is established it is quite
possible that legislation will have to be amended in order to correlate with the powers and
functions of the TER.
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Price determination in commuter transport falls within the domain of PRASA in consultation
with the DoT.
The arrival of the planned TER on the rail transport scene will provide the rail industry with
an added feature. However such expected arrival is not within the framework of current
legislation and therefore legislation must be either drafted or it needs to be amended.
Currently there is no authorisation in the Act providing for third parties to use PRASA’s lines.
This however can be agreed between the parties by an agreement.
If the proposed institutional issues are implemented, the Act may have to be amended to
regulate the utilisation of passenger rail infrastructure. However it is also possible that no
amendments to the Act are required if it is decided not to regulate this issue by legislation.
Provincial Issues:
No legislative amendments at the provincial sphere are foreseen at this stage.
Rail transport is a national competency and therefore there is no provincial legislation
regulating this matter. The only exception is the Gautrain Management Agency, created by
the Gauteng Gautrain Management Agency Act 5 of 2006 of the same name. This Agency
was created in terms of the provincial function of public transport listed in Schedule 4 of the
Constitution.
Institutional Issues:
The following is proposed:
• Integrated Master Plan for Rail Infrastructure taking into account the standard gauge
objectives.
• Performance contract with Transnet on social needs of rail freight system inclusive of
the branch lines.
• Government to introduce incentives to draw freight back to rail. This can be done
through careful regulation of rail pricing and through introducing real costs to the road
freight users that levels the playing fields to some extent.
• Ensure that the Rail Economic Regulator’s functions are performed by the Transport
Economic Regulator and that the industry is managed on a free access basis.
• Manage the funding of a future standard gauge network for the country.
• Investigate the possible introduction of a standard gauge freight corridor between
Gauteng and the harbours on the east coast (Durban, Richards Bay or Maputo) to be
funded through a BoT arrangement in order to fast track the introduction of new
technologies to the country, to create competition for the current rail operators and to
provide alternatives to the South African economy.
• To create a clearing house for fares between passenger operators that would make it
possible for commuter rail operators to run in direct competition with one another.
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• Investigate regional standard gauge networks that can integrate with the needs of the
AU (Transnet with its current profit motive is not expected to advance this issue).
• Reduce the fare gap between passenger road and rail modes in order to promote
competition of modes. Move towards subsidising the passenger rather than the
mode.
Legal Issues
In terms of the National Railway Safety Regulator Act, the functions of the Regulator,
amongst other, include the following:
provide, on such conditions as the Regulator deems fit, financial or other assistance
in connection with the training of persons in so far as is necessary to ensure that a
sufficient number of trained persons is available to enable the Regulator to perform
its functions;
conclude contracts, enter into agreements or perform any act, whether in the
Republic or elsewhere, whereby its objects are furthered or which is calculated,
directly or indirectly, to enhance the value of the services which the Regulator
renders towards the achievement of its objects or perform any other act which may
be prescribed;
adopt standards submitted by an operator or industry association following
compliance with a procedure prescribed by the Minister;
require an operator or a railway industry association to consult with organised labour
during the development of standards and provide them with an opportunity to
comment on those standards prior to submission to the Regulator for approval;
formally recognise an association representing operators, including other railway
industry enterprises, to act on its behalf in respect of the development of standards.
If the proposal relating to the substitution of the Rail National Safety Regulator by the TER is
accepted, the National Railway Safety Regulator Act will have to be repealed and provision
will have to be made in the TER Act for the execution of the first mentioned bodies by the
TER.
The implementation of a Clearing House would also have an enormous impact on the acts
and regulations that regulate PRASA and TRANSNET.
Provincial Issues:
No legislative amendments in the provincial sphere are foreseen at this stage.
2.2.2.4 Aviation
The Airports Company of South Africa (ACSA)
The performance of ACSA is generally acceptable and hence it is proposed to expand its
influence by increasing the size of its portfolio.
Institutional Issues:
The following changes are proposed:
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Legal Issues:
If the TICH and the TER are established, it will have an impact on the Airports Company of
South Africa as well as the ATNS Company because fees and tariffs will be regulated by the
TER whereas the development of aviation infrastructure will be affected by the provisions of
the proposed TICH Act. The existing legislation will therefore have to be amended to bring it
in line with the new institutional dispensation.
Provincial Issues:
No legislative amendments in the provincial sphere are foreseen at this stage.
Institutional Issues:
The following changes are proposed:
Legal Issues:
No legislative issues in the national sphere are foreseen at this stage.
Provincial Issues:
No legislative amendments in the provincial sphere are foreseen at this stage.
2.2.2.5 Maritime
SA Maritime Safety Authority (SAMSA)
Institutional Issues:
A formal review of SAMSA’ role is proposed in order to expand its role to do away with
overlaps with other institutions and to ensure that the whole spectrum of marine safety
issues is addressed.
Legal Issues:
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With reference to the proposal that functions must be rationalised it would be necessary to
review all legislation regulating to shipping and marine related issues to identify legislative
amendments that will have to be effected.
Provincial Issues:
No legislative amendments at the provincial sphere are foreseen at this stage.
Institutional Issues:
The following changes are recommended to promote a level of competition:
Legal Issues:
Some of the functions of the NPA Board are to manage finances as well as the managing of
legal and economic matters.
The National Ports Act establishes the Port Regulator to exercise the economic regulation of
ports, promote equity of access to ports and monitor the activities of the NPA.
The NPA must determine tariffs for its services and facilities, which must be approved by the
Ports Regulator. These may vary between ports. The NPA may charge fees for the
provision of port and other services in accordance with the tariff.
If the proposed institutional recommendations are accepted, then this Act will have to be
amended.
Provincial Issues:
No legislative amendments in the provincial sphere are foreseen at this stage.
Ports Regulator
Merge the Ports Regulator into the proposed Transport Economic Regulator.
Institutional Issues:
The generic nature of regulation can benefit from a homogenous and dynamic institution and
in this regard it is proposed that:
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Legal Issues:
The main functions of the Regulator are, amongst others, the following:
• exercise economic regulation of the ports system in line with government's strategic
objectives;
• promote equity of access to ports and to facilities and services provided in ports;
• monitor the activities of the Authority to ensure that it performs its functions in
accordance with this Act;
• consider proposed tariffs of the Authority;
• promote regulated competition;
• regulate the provision of adequate, affordable and efficient port services and facilities;
• filing fees for the lodging of complaints or appeals with the Regulator.
The Regulator may enter into an agreement with any other statutory body in order to co-
ordinate and harmonise the performance of functions similar or related to those of the
Regulator.
Whenever necessary or required by the Minister, the Regulator must report to the Minister
on any matter relating to the application or purposes of this Act.
If the proposed institutional recommendations are implemented, then the Act must be
amended or the abovementioned functions in the Act must be repealed and must be taken-
up in the proposed TER Act.
Provincial Issues:
No legislative amendments in the provincial sphere are foreseen at this stage.
Institutional Issues:
In order to clarify the maritime roles and responsibilities of the Department of Transport the
following is required:
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Legal Issues:
To implement proposed institutional recommendations, no legislative amendments are
foreseen.
Provincial Issues:
No legislative amendments in the provincial sphere are foreseen at this stage.
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3. LIST OF REFERENCES
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National Transport Master Plan 2005-2050 FILM Phase 3 Report (Final Report) September 2010