A regulatory decision affecting a cross-border road transport operator will generally be suspended if an appeal is lodged within 30 days, according to amendments that came into effect on August 17.
The Transport Appeal Tribunal Amendment Act provides for the automatic suspension of a decision when an appeal is lodged within 30 days of the affected party being notified. However, the respondent may apply to oppose the suspension.
President Cyril Ramaphosa brought the Amendment Act into operation through a proclamation published in the Government Gazette on Monday.
Cross-border passenger and freight operators already had the right to appeal against decisions of the Regulatory Committee of the Cross-Border Road Transport Agency (C-BRTA). The amended legislation changes parts of that process and gives the Transport Appeal Tribunal additional enforcement powers.
Under the previous legislation, the tribunal chairperson could approve or refuse an application to suspend a decision while it was under appeal.
The amended Act also clarifies that appeals may be lodged against a decision contemplated in section 34 of the Cross-Border Road Transport Act, as well as another decision, action or failure to act in the implementation of that Act.
According to the legislation, the tribunal may now set a deadline for the C-BRTA Regulatory Committee or another transport regulator to implement its ruling.
If the regulator fails to comply within the specified period, or within a period the tribunal considers reasonable, the tribunal may issue a directive identifying what has not been done and setting out the steps required.
The Act requires the tribunal to notify the director-general of transport of such a directive. Where the matter involves the C-BRTA Regulatory Committee, the tribunal must ask the director-general to notify the transport minister and seek assistance in securing compliance.
The legislation also requires the tribunal to investigate unreasonable delays in appeal proceedings, including repeated or irrelevant actions that could prejudice the operator, the state or another party.
To address a delay, the tribunal may issue an appropriate order, refuse a further postponement or grant a postponement subject to conditions.
The tribunal retains its power to confirm a regulator’s decision, replace it with a decision the regulator could have made, or refer the matter back to the regulator for reconsideration.
The amendments do not alter the requirements for obtaining a cross-border road transport permit. They apply to the appeal process when an operator or another affected party challenges a regulatory decision.
