www.fs.gov.za

TAXI: CROSS BORDER ISSUES

PRESENTATION

www.fs.gov.za

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.

www.fs.gov.za

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;

3

www.fs.gov.za

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 .

4

www.fs.gov.za

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.

www.fs.gov.za

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.

6

www.fs.gov.za

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).

7

www.fs.gov.za

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.

8

www.fs.gov.za

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.

www.fs.gov.za

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.

www.fs.gov.za

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.

11

www.fs.gov.za

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.

12

www.fs.gov.za

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.

www.fs.gov.za

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

www.fs.gov.za

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

www.fs.gov.za

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

It’s important to note that CBRTA has in all instances been reluctant to

cooperate in finding the solution.

16

www.fs.gov.za

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 MEC’s and the current Premier engaged with the former and current

Ministers of Transport and CBRTA CEO’s to no avail. ANNEXURE TJP7 and

response ANNEXURE TJP8

Former MEC made similar attempts to resolve the matter, ANNEXURE TJP9 & 10

17

www.fs.gov.za

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

18

www.fs.gov.za

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

19

www.fs.gov.za

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.

20

www.fs.gov.za

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 OLB’s.

•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

21

www.fs.gov.za

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

22

www.fs.gov.za

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.

23

www.fs.gov.za

THANK YOU

24