TAXI: CROSS BORDER ISSUES

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TAXI CROSS BORDER ISSUES

• PRESENTATION

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BACKGROUND

• The cross border operations are regulated by the
  Cross Border Road Transport Act in particular to
  regulate the transportation of passengers and
  their personal belongings or freight for reward
  to and from the Republic, crossing or intending
  to cross its borders into the territory of
  another state or in transit across the republic
  or the territory of another state with a vehicle
  on a public road.

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MANDATE OF CBRTA

• The agency derives its mandate from the Cross
  Border Road Transport Act, 4 of 1998 as amended.
  In order to discharge its mandate the agency
  therefore has to
• Provide advisory function to the Minister of
  Transport on issues relating to cross border road
  transport policy
• Regulate access to the cross border road
  transport market through a permit administration
  process

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MANDATE OF CBRTA Cont.

• Facilitate the establishment of cooperative and
  consultative relationships between public and
  private sector institutions with an interest in
  cross border transport
• Collect, process and disseminate relevant
  information
• Provide training, capacity building and promotion
  of entrepreneurship in response to small, medium
  and micro enterprises with an interest in cross
  border transport and
• Monitor operator compliance through execution of
  law .

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PROBLEM STATEMENT

• The operations within the cross border falls
  squarely on the competency of the Cross Border
  Road Transport Agency and its Board which is
  responsible for the issuance of permits.
• The issuance of such permits by Cross Border Road
  Transport Agency made matters worse for the Free
  State operators as their counter parts deserted
  them and acquired permits from the agency
• Consequently, the Free State operators lost
  operational opportunity to cross border permit
  holders who are said to be operating from
  residential places and undesignated ranks in
  Lesotho.

6
PROBLEM STATEMENT Cont.

• Since the establishment of CBRTA in 1998, various
  problems were experienced by Free State / Lesotho
  Operators.
• This led to the destruction of property, loss of
  lives and the refusal of the Free State Operators
  to allow their Lesotho counterparts to ply their
  trade in the RSA.

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PROBLEM STATEMENT Cont.

• It is common cause that Lesotho and the Republic
  of South Africa are signatories to the Memorandum
  of Understanding on Road Transportation between
  the Governments of Botswana, Lesotho, Namibia,
  South Africa and Swaziland (the SACU MoU) and to
  the Southern African Development Community,
  Protocol on Transport, Communication and
  Meteorology (the SADC Protocol).

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PROBLEM STATEMENT Cont.

• Passenger Transport of the two countries has in
  the past been involved in fiercely transport
  dispute regarding the operations connecting and
  linking the two countries.
• This conflict has been going on for years and
  resulted in a number of casualties and deaths.

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MEMORANDUM of AGREEMENT

• In 2005 a watershed MoA was entered into between
  the South African Bus Association (SABOA), the
  South African National Taxi Council (SANTACO),
  the Lesotho Passenger Transport Cross Border
  Association (LPTCA), Cross Border Bus Operators
  to Lesotho and Cross Border Taxi Operators to
  Lesotho. (ANNEXURE TJP1, 2, 3 4)
• This agreement brought peace and stability in the
  operations between the two countries as parties
  recognised the importance of the passenger flow.

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MEMORANDUM of AGREEMENT cont.

• This agreement places certain responsibilities to
  both parties amongst others
• Establishment of the joint route management
  committee
• Management and operations of ranks and departure
  areas.
• Permits.

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MEMORANDUM of AGREEMENT cont.

• In terms of the 2005 agreement the following were
  agreed
• Maseru / Ladybrand Border Post the joint South
  Africa and Lesotho taxi operations would start in
  the South African side.
• Maputsoe / Ficksburg Border Post the joint South
  Africa and Lesotho taxi operation would start in
  the South African side whereas
• Butha Buthe / Fouriesburg Border Post the joint
  South Africa and Lesotho taxi operation would
  start in the Lesotho side.
• It is important to state that the main Cross
  Border operations problems are encountered in the
  area of Butha Buthe / Fouriesburg border post.

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RSA/LESOTHO RELATIONS

• Notwithstanding public transport impasse the
  parties recognise the need for co-existence and
  cooperation.
• There is close connectivity between the two
  countries, in that a large number of Lesotho
  citizens are employed in various provinces of the
  Republic of South Africa and regularly commute
  between the two countries.

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COMPLAINTS BY FS TAXI INDUSTRY

• The Free State Taxi industry raised the following
  challenges that led to the dispute
• Free State operators constrained in implementing
  the Cross Border Road Transport Act in its
  current form thus calling for more input to be
  made by stakeholders involved in the industry
• Lesotho operators not allowed to do any
  operations in South Africa except for special
  trips.

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COMPLAINTS BY TAXI INDUSTRY Cont.

• South African operators are confronted with
  insurance premiums should they operate across
  Lesotho as per the determination of the Cross
  Border Road Transport Act,
• The indiscriminate issuance of Operating
  Licences/Permits by the Lesotho Licensing Board
  without any consultations with their South
  African counterparts

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COMPLAINTS BY FS TAXI INDUSTRY Cont.

• Lesotho authorities (Police) expect South African
  operators to hold Cross Border Permits when they
  operate from Lesotho.
• South African operators assaulted in Lesotho
  (cases reported to the Lesotho police but not
  followed up).
• Initially, Lesotho operators had only one route
  but the Lesotho Licencing Board increased the
  routes to four (4) without consultation with
  their South African counterparts

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INTERVENTIONS BY FREE STATE GOVERNMENT

• During the sustenance of this agreement signed in
  2005, parties operated in an unhindered way and
  only in 2009 the ugly head of violence in the
  cross border operation emerged once again.
• Several meetings were subsequently convened with
  taxi operators to find solutions. e.g. ANNEXURE
  TJP5 6
• Its important to note that CBRTA has in all
  instances been reluctant to cooperate in finding
  the solution.

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INTERVENTIONS BY FREE STATE OVERNMENT Cont.

• Many stakeholders such as the High Commissioner
  of South Africa to Lesotho, Honourable Mayors of
  Setsoto and Mantsopa Local Municipalities, the
  Speaker of Motheo District Municipality, Free
  State Deputy Commissioner, the Chairperson of the
  Portfolio Committee on Community Safety and
  Security as well officials in the Department made
  an earnest attempt to resolve the impasse.
• The former MECs and the current Premier engaged
  with the former and current Ministers of
  Transport and CBRTA CEOs to no avail. ANNEXURE
  TJP7 and response ANNEXURE TJP8
• Former MEC made similar attempts to resolve the
  matter, ANNEXURE TJP9 10

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INTERVENTIONS BY FREE STATE OVERNMENT Cont.

• In many of the meetings the under mentioned was
  proposed
• The suspension on the implementation of the Cross
  Border Road Transport Act
• Issuing of permits by the Cross Border Agency be
  looked into
• Operations at the mouth of the border to be
  streamlined
• Consultation with the Cross Border Road Transport
  Agency be expedited

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SHORT COMINGS

• It is clear that most of the proposals were not
  accepted by all stakeholders hence the
  re-emergence of the same tensions and sporadic
  violence.
• It is the Free State Taxi operators view that the
  National Department of Transport does not take
  their business serious despite them having
  complied with transport policies relating to
  formalization, conversion and taxi
  recapitalization programme.
• The situation was exacerbated by reported
  hardened attitudes displayed by the National
  officials. ANNEXURE TJP 11, 12 13

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SHORT COMINGS Cont.

• Attempts were made to seek approval and principle
  decision from the Executive Council, to support
  operators engaged in cross border operations and
  engage the NCOP and related transport authorities
  for an amendment of the Cross Border Road
  Transport Act in as far as it affects the
  operations. ANNEXURE TJP14
• In compliance with the agreement signed in 2005,
  the Department has made a number of investments
  in the construction of transport facilities
  particularly in Setsoto, Naledi and Manstopa
  Local Municipalities in an effort to enhance
  operations and preserve peace in the cross border
  operations.

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EFFORTS BY CBRTA, DoT FS

• In the very recent meeting between FS DoT and
  CBRTA the following resolutions were taken and
  never implemented due to the failure on the part
  of other provinces and CBRTA ANNEXURE TJP 15,
  16, 17, 18 19
• Provinces to submit the names of
  associations/operators
• CBRTA to provide list of operators on its data
  base. The list to be forwarded to Provinces
  OLBs.
• Evaluation and alignment against the NLTTA
  Cross Border Act.
• Educating and buy-in, for operators. Road Shows
  (NLTTA) Cross Border Act.
• Control/Management of facilities

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EFFORTS BY CBRTA, DoT FS cont.

• The implementation of the Cross Border Road
  Transport Act on the 27 the February 2009 be
  suspended.
• Issuing of permits by Cross Border Road Transport
  Agency be looked into.
• That we revert to the Ad Hoc Agreement of 2005
  and see how successful it could be implemented.
• Needs to be mentioned that the Lesotho operators
  are also not homogeneous about the Cross Border
  operations, ANNEXURE TJP 20

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WAY FORWARD

• The MEC to table the matter before Minmec
• The HoD to also put the matter before the COTO
• Continuous consultations by the Cross Border Road
  Transport Agency with stakeholders to be
  expedited.
• The operation at the mouth of the border and the
  Border Box be streamlined.

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• THANK YOU