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Cross-Border Road Transport Act, 1998 (Act No. 4 of 1998)

Part 8 : Law enforcement

46A. Special emergency measures

 

(1) The Minister may, after consulting the Regulatory Committee, the Member of the Executive Council of the relevant province responsible for public transport and the South African Police Services, by notice in the Gazette, declare an area in which the special measures provided for in this section will apply, where he or she is of the opinion that this is necessary to normalize the situation in the area characterised by violence, unrest or instability.

 

(2) The Minister may make regulations providing that the operation of any specified permit is, or all permits are, temporarily suspended in so far as they authorise cross-border road transport or cabotage in such an area or part thereof, or on a specified route or routes in that area, for a period not exceeding 21 days.

 

(3) Regulations under subsection (2) may provide that the contravention thereof constitute an offence and may prescribe penalties in respect thereof.

 

(4) Before making regulations under subsection (2), the Minister must cause a notice to be published in the Gazette or in a newspaper circulating in the declared area, stating-
(a) a brief description of the nature and purpose of the intended action;
(b) the period for which the proposed regulations will be in force;
(c) that interested or affected persons may request reasons for the proposed regulations;
(d) that any interested or affected persons may make representations;
(e) the time within which representations may be made, which may not be less than 24 hours;
(f) the address to which representations must be submitted; and
(g) the manner in which representations may be made.

 

(5) The Minister must consider any representations received under subsection (4) before making regulations under subsection (2).

 

[Section 46A inserted by section 19 of Act No. 12 of 2008]