The Politics of Dancing

As we all know, general elections will be held in South Africa this year. As SHARMINI NAIDOO writes, however, electioneering isn’t the only thing on the agenda for 2024. Bus and coach operators also have to consider a barrage of new regulations.

Election fever is here! Shock announcements of new parties, disruptions to existing political parties, expulsions of members, and coalitions to retain and gain power are all on the agenda.

The lyrics of the 80s pop band Re-Flex’s hit, “Politics of Dancing”, sum up quite nicely how the average South African will start to feel…

“We’re under pressure, yes we’re counting on you,
Like what you say is what you do.
It’s in the papers, it’s on your TV news,
Oh, the application is just a point of view.
Well you know you can’t stop it when they start to play,
You’re gonna get out the way.
The politics of dancing…”

As we witness political parties grapple with election fever and struggle to hold onto power, we cannot really blame government for being cautious about the signing of new laws because such are the dynamics of politics. If new legislation is likely to create negative sentiment, it will probably be put on ice, but if it can up the ante, then it is likely to be signed into law.

Opposition to NHI

The National Health Insurance (NHI) Bill – the silver bullet for the ruling party – has come under threat in terms of its constitutionality (which I’m sure is of no surprise).

Organised business – represented by Business Unity South Africa (BUSA) – has called for the president to refer the NHI Bill back to parliament, as it has “numerous substantive and procedural constitutional flaws”. It also wants him to consider the long-term impact and risks, as the Bill will “materially delay access to universal health coverage, leading to ‘divestment in the health care sector’ and risks in terms of availability, management, and governance of healthcare”.

We wait to hear whether the constitutional rights of business and taxpayers will be upheld, or whether the need to prove manifest deliverables by government in an election year will take preference.

Employment Equity Amendments republished

Following the outcry and litigation pertaining to the “unfair and inequitable” Employment Equity Amendments (EEA), the regulations have been republished for comment. The draft amendments now include a revision to the controversial five-year sectoral numerical targets for identified national economic sectors. Some may find it more palatable.

The republished regulation provides details on how to interpret and apply the five-year sectoral targets, as well as clarity on the implementation of affirmative action (including a paragraph that states that no employment termination of any kind may be effected as a consequence of affirmative action) and why the sectoral targets do not add up to 100%.

The distinction between provincial and national targets has been removed and now reflects a single target for each economic sector, differentiated on the basis of gender only.

The draft regulations have removed the distinction between designated racial groups (African, Coloured, and Indian) and the target now relates to “designated groups” which are defined in the EEA as black people (Africans, Coloureds, and Indians), women, and people with disabilities who are citizens of South Africa by birth or descent.

There is still a focus on top and senior management, as well as professionally qualified and skilled levels and people with disabilities. For the transport industry, the target for disabled employees is 2% of the total workforce and operators will have to assess whether or not this is doable in light of the operational requirements of the industry.

The draft regulations exclude targets for the semi-skilled and unskilled levels, although designated employers are required to consider the economically active population demographics in respect of these levels.

AARTO is back (more or less)

Another piece of unpopular legislation is the Administrative Adjudication of Road Traffic Offences (AARTO) Act. AARTO is the new “administrator” of the National Road Traffic Act. The ruling by the Constitutional Court in 2022 on AARTO legislation rendered the legislation valid and constitutional, and was expected to be implemented in phases from 1 February 2024. However, the AARTO Act Proclamations and Regulations have not yet been published to facilitate implementation. An engagement is planned between The Road Traffic Infringement Agency (RTIA) – which administers AARTO – and SABOA to discuss the rollout and planned implementation.

Following the abject failure of the eTolls in Gauteng, plans have been underway to repurpose SANRAL (which is probably not the best thing to sanction in an election year). One of the strategies has included utilising the agency’s Open Road Tolling Transaction Clearing House back-office infrastructure and systems for integrated ticketing management. This would have enabled SANRAL to partner with public transport operators to provide commuters with a fare collection system and fare media that can be used to pay for public transport on all participating public transport services.

To date, the SANRAL Account-based Ticketing (ABT) solution – which is supported by the National Department of Transport – has been presented as the only option for operators despite cost concerns and uncertainty regarding commissions and the payment of fares to operators. Concerns raised by the bus industry were dismissed as the industry not wanting to comply and SABOA was advised that the draft legislation would be promulgated.

Through an engagement with the Gauteng Department of Roads and Transport (GDRT) to develop an integrated fare management strategy and policy, it has now come to light that the Gautrain Management Agency has sought a more cost-effective solution and is running a pilot ABT project that will not include SANRAL. Should the proof of concept be approved and the project deemed successful, it will be rolled out by Gauteng Province for bus operators that are party to the negotiated contracts. This will also open the way for the other provinces to implement the same. GDRT is running a workshop in February for SABOA members to share more detailed plans and costs and allay operator concerns.

The Transport Authority for Gauteng (TAG) – in collaboration with the GDRT – began the review, preparation, and update of the 25-year Integrated Transport Master Plan (ITMP25), as well as the interim five-year Integrated Transport Plan (GITP5) for Gauteng, in mid-2023.

The draft interim GITP5 is now available for review and comment by all key role-players. It is very important that interested parties provide input and identify any gaps or concerns that require critical consideration, because the GITP5 is critical to different aspects of transport planning. The closing date for comments is Monday 19 February 2024. It is essential that operators review these documents and give meaningful input so that the voice of the industry can be heard.

The City of Tshwane has been engaging with stakeholders on the draft by-laws for public transport and non-motorised transport, which will serve as a regulatory framework. The City plans to regulate transport facilities and non-motorised transport facilities, as well as promote universal access (catering for people with disabilities) and their drive to promote the efficient and effective operation of transport in the municipal area.

Certain routes and areas used by public transport operator services and vehicles will also be regulated. Operators are urged to comment on the draft by-laws and to look at the provisions relating to the use of public transport facilities, levied parking, the duties of operators and drivers, rapid transport system, prohibited and restricted routes and areas (which outline the process of application), transfer and refusal of route permits, and law enforcement. All these provisions will greatly impact transport operations in the city.