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Road Traffic Management Corporation Act, 1999 (Act No. 20 of 1999)

Chapter 6 : Contracting out to Provincial Authority’s and Local Government Bodies

38. Appointment of agents

 

(10 Where the Corporation appoints a local government body as its agent or contracts with a local government body to perform any function relating to any road traffic facility, the contract may provide for—
(a) the temporary or permanent transfer of assets from the local government body concerned to the Corporation; and
(b) compensation by the Corporation to the local government body concerned for that transfer.

 

(2) The Corporation may only contract out the provision of road traffic law enforcement to a provincial authority, a local government body, the SAPS or another institution vested by law with the power to execute road traffic law enforcement functions.

 

(3) Where the Corporation concludes a contract for the provision of road traffic law enforcement services, as contemplated in section 37(2) (b)(ii)(aa), the contract must, subject to subsection (4), at least—
(a) for the purpose of measuring the performance of the agent, incorporate the provisions of the national road traffic law enforcement code in respect of—
(i) performance targets; and
(ii) performance indicators;
(b) provide that non-compliance with the national road traffic law enforcement code results in the termination of the contract;
(c) provide that the Corporation must, for its own account, carry all negotiated costs relating to the provision of road traffic law enforcement;
(d) provide that any penalties or fines collected by the service provider, in accordance with the Administrative Adjudication of Road Traffic Offences Act, 1998 (Act No. 46 of 1998), are paid to the Corporation; and
(e) provide that the service provider that provides road traffic law enforcement in an area where a municipal police service established in terms of section 64A of the South African Police Service Act, 1995 (Act No. 68 of 1995), also has jurisdiction, must participate in any appropriate policing co-ordinating committee established for that area in terms of section 64K of the South African Police Service Act, 1995.

 

(4) The provision of road traffic law enforcement must be contracted out even before the national road traffic law enforcement code is finalised, and the contracts concluded before the finalisation must be renegotiated on the entry into force of the code.

 

(5) The chief executive officer must reassess contracts for the provision of any road traffic service, including road traffic law enforcement, concluded with any provincial authority or local government body every two years.

 

(6) For the purpose of this section, the chief executive officer must develop standard contracts in accordance with prescribed guidelines.

 

(7) Despite a provision of any other law, any monies paid by the Corporation to the SAPS in accordance with a contract contemplated in subsection (3), shall be deemed to be monies appropriated by Parliament for the SAPS for the financial year in which the monies are paid to the SAPS.