[Words preceding section 12 paragraph 1(a) substituted by section 6 (a) of the Transport Appeal Tribunal Amendment Act, 2024 (Act No. 41 of 2024), Notice No. 6159, GG52569, dated 25 April 2026, commenced by Proclamation Notice 337, GG55207, dated 17 August 2026]
| (b) |
uphold the appeal, set aside the act, direction or decision appealed against, and— |
| (ii) |
refer the matter which gave rise to the appeal to the regulatory entity or the Regulatory Committee, as the case may be, for reconsideration; or |
| (c) |
uphold the appeal partially and vary the act, direction or decision appealed against. |
[Section 12(1)(a)(b)(i)(ii) substituted by section 6 (b)(c) of the Transport Appeal Tribunal Amendment Act, 2024 (Act No. 41 of 2024), Notice No. 6159, GG52569, dated 25 April 2026, commenced by Proclamation Notice 337, GG55207, dated 17 August 2026]
| (2) |
No decision taken by the Tribunal under this section may be inconsistent with the National Land Transport Act, or the Cross-Border Road Transport Act, or any relevant transport legislation, as the case may be. |
| (3) |
Any act, direction or decision of the Tribunal under subsection (1)(b)() or (c) will, except for the purposes of subsection (1), be deemed to be an act, direction or decision of the regulatory entity or Regulatory Committee, as the case may be, against whose act, direction or decision the appeal was brought. |
[Section 12(2)(3) substituted by section 6 (d) of the Transport Appeal Tribunal Amendment Act, 2024 (Act No. 41 of 2024), Notice No. 6159, GG52569, dated 25 April 2026, commenced by Proclamation Notice 337, GG55207, dated 17 August 2026]
| (a) |
within the prescribed period cause the parties involved in the appeal to be notified in writing of the decision of the Tribunal, including any time limits specified by the Tribunal for the implementation of such decision; |
| (b) |
at the written request of any person whose rights have been adversely affected by the said decision, in writing furnish any such person with reasons for the decision within the prescribed period. |
[Section 12(4)(a) substituted by section 6 (e) of the Transport Appeal Tribunal Amendment Act, 2024 (Act No. 41 of 2024), Notice No. 6159, GG52569, dated 25 April 2026, commenced by Proclamation Notice 337, GG55207, dated 17 August 2026]
| (5) |
Where a regulatory entity or the Regulatory Committee fails to implement or give effect to a decision or ruling of the Tribunal within the time specified by the Tribunal, or within a time considered by the Tribunal to be reasonable, the Tribunal may issue a directive to the regulatory entity or Regulatory Committee, as the case may be, in the prescribed manner, describing the extent of its failure to comply with its obligations and stating the steps required to meet those obligations, and the regulatory entity or Regulatory Committee, as the case may be, must comply with such directive within the time specified by the Tribunal in the directive. |
| (6) |
Where the Tribunal issues a directive under subsection (5), it must notify the Director-General and request the Director-General to notify— |
| (a) |
the Minister, in the case where the directive is issued to the Regulatory Committee or to the National Public Transport Regulator as defined in section 1 of the National Land Transport Act; |
| (b) |
the relevant member of the Executive Council, in the case where the directive is issued to a Provincial Regulatory Entity as defined in section 1 of the National Land Transport Act; or |
| (c) |
the municipal council of the relevant municipality, in the case where the directive is issued to a municipality to which an operating licence function has been assigned, of the issuing of the directive and request the Director-General, Minister, member of the Executive Council or municipal council, as the case may be, to assist in ensuring compliance with the directive. |
[Section 12(5)(6) inserted by section 6 (f) of the Transport Appeal Tribunal Amendment Act, 2024 (Act No. 41 of 2024), Notice No. 6159, GG52569, dated 25 April 2026, commenced by Proclamation Notice 337, GG55207, dated 17 August 2026]
Road Traffic Management Corporation Act, 1999
