COMPREHENSIVE INTEGRATED TRANSPORT PLAN
CHAPTER 14 ROAD SAFETY STRATEGY
Chapter 14 final.indd 1 2015/04/17 12:06:35 PM CONTENTS
14. POLICIES, LEGASLATION AND INSTITUTIONAL FRAMEWORK 1 14.1. Transport Engineering Services 1 14.1.1 Road Safety 1 14.1.1.1. Introduction 1 14.1.1.2. International and National Road Safety Strategies 2 14.1.1.3 Current Municipal Legislation and Guidelines 3 14.1.1.4 Tshwane Road Safety Management - Current Roles and Responsibilities 4 14.1.1.5 Tshwane Road Safety Management – Allocation of budget and monitoring of implementation targets 9 14.1.1.6 Status Quo of Accident Data Information Systems 11 14.1.1.7 ACCIDENT AND INJURY TRENDS 12 14.1.1.8 Road Safety in Tshwane: Key Achievements and Existing Key Challenges 14 14.1.1.9 Road Safety Strategy 28 A. COORDINATION OF STAKEHOLDERS, EFFICIENT USE OF RESOURCES, DATA COLLECTION AND MONITORING 17 1. Establish an active workgroup that ensures communication and collaboration between role players 2. Implement an Internal and External Road Safety awareness programme 3. Develop a low cost, effective, central database system with access to all involved 4. General Monitoring and Evaluation B. HAZARDOUS LOCATIONS, DESIGN STANDARDS AND ROAD SAFETY AUDITS 20 1. Develop engineering solutions for hazardous locations 2. Review engineering design standards and practices used in Tshwane 3. Implement Road Safety audits on Engineering projects 4. Use of technology and Intelligent Transport Systems (ITS) to improve road safety C. LAW ENFORCEMENT ACTIONS 21 D. COORDINATED, EFFECTIVE AND SUSTAINABLE ROAD SAFETY EDUCATION 21 1. Provide coordinated, sustainable and frequent road safety education to all learners in Tshwane 2. Introduce road safety education and training for target groups E. IMPLEMENT RIMS 22 14.1.1.10 Implementation plan and Budget 22
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Chapter 14 final.indd 2 2015/04/17 12:06:36 PM CHAPTER 14 ROAD SAFETY STRATEGY
14. POLICIES, LEGASLATION AND INSTITUTIONAL FRAMEWORK
14.1. Transport Engineering Services
14.1.1. Road Safety
14.1.1.1. Introduction
This section on road safety firstly outlines the status quo of road safety management and initiatives in the City of Tshwane and secondly the activities of the proposed road safety strategy. This work is a result of an interactive process of gathering information through several meetings with relevant stakeholders and through an additional desk study. All role players have been important contributors within the process of gathering information.
In short, it follows the process: Status Quo –> Challenges –> Objectives –> Strategies –> Activities –> Performance measurement
The status quo report on road safety provides an overview of international and national road safety strategies and covers in more detail the current municipal legislation and guidelines, as well as the current roles and responsibilities within the City of Tshwane’s road safety management. Information about the status quo of accident data information systems is incorporated, which serves as the basis to identify accident and injury trends.
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Chapter 14 final.indd 1 2015/04/17 12:06:36 PM Of specific value is the insight gained into current achievements and existing challenges of road safety b. South African National Road Safety Strategy 2011 – 2020 management and stakeholder involvement. This is believed to allow making proposals that support a The Department of Transport has developed a National Road Safety Strategy which is in line with the realistic way forward for the CITP Road Safety Strategy. The intention is to stimulate a debate regarding Decade of Action. However, this strategy has not yet been officially approved by the Minister and is the institutional management of road safety. therefore only considered to be a draft document. 14.1.1.2. IInternational and National Road Safety Strategies The Draft Road Safety Strategy focuses on better utilisation of human and financial resources across a. United Nations Decade of Action for Road Safety 2011-2020 spheres of government to address road deaths. Based on the five pillars of the Decade of Action, inter alia, the following actions have been identified: In 2010 the governments of the world declared 2011–2020 as the Decade of Action for Road Safety. • Each province, each district municipality and each local municipality must report every month on The goal of the Decade of Action is to stabilize and reduce the increasing trend in road traffic fatalities, the number of road accidents occurring in their area, what the causal factors are and how these saving an estimated 5 million lives over the period. A Global Plan of Action was developed to practically are being addressed. guide countries so that their actions support the overarching target. Within the legal constructs of national and local governments, countries are encouraged to implement activities according to five • Improving the data capturi ng and reporting on road fatalities and injuries. pillars (see Figure 14.1). • The South African Police Service SAPS (Division: Visible Policing) has developed a 10-year Road Crime Crash Combating Strategy for the Make Roads Safe Campaign. It comprises National activities five strategic functional areas, namely high-visibility patrols; intelligent Road Policing; improve service delivery through: attendance, crime scene investigation, and recording of road crime Pillar 1 Pillar 2 Pillar 3 Pillar 4 Pillar 5 crashes and non-serious Crashes Road safety Safer roads Safer vehicles Safer roads Post-crash • Create multi-sectoral (interdepartmental) and multidisciplinary (involving both government and management and mobility users response nongovernment stakeholders) partnerships and ensure institutionalization of such partnerships. International coordination of activities • Ensure funding is sufficient for implementation by dedicating 10% of infrastructure spending to road safety and partnering with the private sector through sponsorship or public private Figure 14.1: The five pillars of the Decade of Action for Road Safety 2011-20202 partnerships where appropriate to assist resourcing and implementation.
South Africa, which has one of the highest road traffic fatality rates with 31.9 fatalities per 100 000 • Ensure that road safety education forms part of the life skills curriculum at schools. Further, that 2 population , is one of the 182 member states that supports United Nations Decade of Action for Road every Grade 11 learner will have a learner’s license and every 18-year-old a driving license. Safety. Within the African region only Nigeria has a higher road fatality rate 33.7 per 100 000 population. • Develop a system that produces responsible drivers to contribute safety to road users. To address this, a newly-introduced standardised learner driver training programme pilot project (2012) has Currently, most road safety action plans are being developed by identifying strengths and weaknesses been implemented in four provinces with the aim of enforcing high quality driver education. This in relation to the UN Decade requirements to develop an UN Decade compatible strategy. Various project is a collaboration between National and Provincial Departments of Transport, and the initiatives have been established since the advent of the Decade of Action. However in South Africa, a Department of Basic Education. lack of focus during implementation reduces the impact of efforts and results in insufficient mechanism. South Africa has joined the International Road Traffic and Accident Database Group (IRTAD) in 2012, which will additionally assist with establishing efficient and effective road safety management. As part of the (Twinning) program work and mission, the IRTAD Group has engaged in a strategy to assist low- 1 WHO (2012): Global Plan for the Decade of Action for Road Safety 2011-2020 and middle-income countries to set up or improve safety data collection and analysis systems. Twinning 2 WHO (2013): Global status report on road safety , data from 2009 14 2
Chapter 14 final.indd 2 2015/04/17 12:06:36 PM between the Road Traffic Management Corporation (RTMC) and the Swedish Transport Agency, the 14.1.1.3. Current Municipal Legislation and Guidelines Swedish Transport Administration and VTI started in 2013. Experts from both countries are currently a. Safer City Policy developing the scope of the project for the next three years. The FIA Foundation is contributing financial support for this twinning project. In order to achieve a safe and secure environment, the Tshwane Safer City Policy (2008) has been compiled, which forms part of the Growth Development Strategy (long-term strategy planning framework). A National Road Safety Summit was held in October 2013 to inform the South African Road Safety Safer City initiatives are recognised to be “game changer interventions”, with their implementation Strategy to go forward. Under the theme “Together Championing Road Safety 365 days” the summit process supported by the City’s IDP. The Tshwane Metro Police Department (TMPD) leads the program looked at legislative amendments aimed at improving road safety – through adopting the traffic law and shares responsibilities with various other relevant departments such as Emergency Services, enforcement code, addressing road infrastructure and encouraging conduct that promotes road safety. Department of Transport and Roads, Public Works and Infrastructure, SAPS, etc.
c. South African Road Safety Audit Manual (2012) This comprehensive policy framework comprises four priority areas and recognises all municipal departments to work together. The strategic objective is to ensure sustainable communities with clean, A road safety audit (RSA) is a proactive measure with proven international success. It is defined to healthy and safe environments and integrated social services.5 According to the Service Delivery and be “a formal examination of a new or road upgrade project where interaction takes place, in which an Budget Implementation Plan (SDBIP 2012/13), key activities are identified that aim to reduce the number independent and qualified team identifies potential road safety problems and suggests measures to of incidents (fire, rescue, specialised humanitarian, disaster, and transport incidents). In terms of road mitigate those problems”. safety this implies strengthening of Road Policing interventions in order to comply with the road safety Accident prevention via RSAs is considered an important aspect of proactive road safety management. plan. Overall, the key focus is crime prevention with road safety being one of the components that 6 South Africa recognized the need for implementing this road safety tool by compiling the updated South contributes to create a safer city. African Road Safety Audit Manual4 (revision of the South African Road Safety Audit Manual Volume 4). In detail, the four priority areas below serve as the plan of action: The manual aims to assist road authorities to conduct road safety audits for new road projects and road safety appraisals for existing roads in order to identify potentially hazardous locations and put remedial • “Safer City through environmental design” to ensure that all departments of the City of Tshwane’s measures in place to minimize crashes on the road network. However, this document has not been yet (CoT) contribute to a safer city through proper design and effective use of the built environment formerly approved by the Committee for Transport Officials (COTO). in order to achieve reduction in the incidence and fear of crime. • “Build community capacity for safety” to uplift the community to enable and/or capacitate them Currently, the City of Tshwane undertakes RSA on all BRT schemes. Beyond that, there is no evaluation to provide or nurture for themselves in a legitimate manner of the current and future road network underway mainly due to a lack of institutional support and limited budgets. • “Restore culture of respect for the law” to encourage the community to build a culture of respect for the law and participative citizenship
• “A partnership approach” to foster integrated and joint responsibility between all CoT departments d. Road Incident Management System (2012) and relevant role players (private sector, community and NGOs). That is supposed to assist, The RIMS4 serves as the National Framework and Policy for Road Incident Management Systems invest and participate to ensure optimal community safety to all. and describes the procedures and arrangements for the effective coordination of emergency services. The Safer City Policy provides the framework and overarching strategy for the Tshwane Road From a practical perspective, it ensures enforcement of legislation for emergency services to adhere to Safety Strategy. Therefore, the CITP road safety component should be consistent with this policy. procedures and protocols. The City of Tshwane have no active incident management system at present.
3 RTMC (2012): South African Road Safety Audit Manual (2nd Edition) 5 Service Delivery & Budget Implementation 2012 4 DoT (2012): Road Incident Management Systems 6 TMPD: Safer City Policy: Action Plan, 2010 14 3
Chapter 14 final.indd 3 2015/04/17 12:06:36 PM b. Traffic Calming Policy and Priority List • Development of contingency plans for possible transportation emergencies (in conjunction with other service sectors). The National Guidelines for Traffic Calming (Department of Transport 1998) served as the basis to The purpose of these guidelines is to provide an overview of the process of developing, implementing and develop a system of prioritization for traffic calming measures for the City of Tshwane. Within that, maintaining Road Safety Master Plans (also known as Pedestrian Master Plans) as applied by the City the City has developed a new approach and policy on traffic calming which emphasizes area-wide of Tshwane. Currently, Road Safety Master Plans are updated on average every three years. Pedestrian planning rather than to focus on a specific point in the network based on a priority list. The policy largely Master Plans have been prepared for eleven of the previously disadvantaged areas of Tshwane. Region depends on the involvement of the community to identify safety concerns in both disadvantaged and 5 and Region 7 have not been covered yet but will be included as part of the next update. advantaged areas. The traffic calming planning process consists of engineering investigations to identify traffic calming guidelines. Key performance areas and indicators (KPAs and KPIs) have been developed to monitor and evaluate the implementation of the safety plans (refer to Table 7 2). Community satisfaction is also measured with Success has been achieved with traffic calming measures, mainly by implementing mini circles and the update of the Road Safety Master Plans. raised pedestrian crossings. The measures further intend to discipline motorists in their mind-set and attitude through effective law enforcement as well as education. 14.1.1.4. Tshwane Road Safety Management - Current Roles and Responsibilities The process of identifying the need for traffic calming measures and to consequently develop a priority list is as follows: Ideally, road safety management cuts across different functional areas to ensure a holistic approach. o An Evaluation of the requests for traffic calming (from the public), based on a prioritisation This section describes the current involvement of role players in road safety matters. Further, interactions process and an area-wide evaluation is undertaken. are highlighted to identify current approaches and their potential to streamline these actions. Table 7 1 o As a result of an area-wide evaluation, the priority list serves as the basis to develop Road indicates current roles and responsibilities and identifies the potential of each stakeholder. This is done Safety Master Plans. Thereby, differentiation is made between “disadvantaged” and “advantaged in support of the Decade of Action and its five pillars. areas”. o Separate Master Plans have been developed for the “disadvantaged areas” since 2001, last a. Department of Transport and Roads, Traffic Engineering & Operations section (TEO) updated in 2011. As a result, Master Plans have been developed for 11 areas. The Department of Transport and Roads provides the City of Tshwane with road safety planning and measure implementation through the Transport and Infrastructure Planning Division with its section c. Guidelines for the Development of Road Safety Master Plans on Traffic Engineering & Operations. Their purpose is to manage, co-ordinate and operate all traffic engineering related functions in a pro-active manner to, in the end, improve accessibility, capacity, traffic To ensure effective implementation of traffic calming measures, Road Safety Master Plans have to flow, traffic safety, pedestrian safety and to evaluate the impact of proposed land uses on the existing be developed. These serve as a comprehensive framework for improving safety and mobility for road network throughout the city. Non-Motorised Transport (NMT) users and motorists. Master Plans mainly focus on the provision of engineering measures, but also highlight other actions on education, safety awareness, law enforcement Tshwane has made significant efforts to integrate engineering with law enforcement and education. and evaluation. This implies establishing and strengthening partnerships with various stakeholders. These efforts resulted in the first traffic calming priority list in 2006, which is updated on an annual basis. Further, as mentioned earlier, guidelines for the development of Road Safety Master Plans have been The guidelines for the development of Road Safety Master Plans (2009) state the main goals to be: developed which serve as a framework to address road safety. However, it is believed that the current • Reduction of injuries and fatalities on all modes of transport. approaches are more reactionary than proactive. • Improve personal security on the public transport system.
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Chapter 14 final.indd 4 2015/04/17 12:06:36 PM The Transport Month is an annual campaign of the National Department of Transport (first launched in The RTMC is responsible for the implementation of AARTO and to monitor trends of compliance. The 2005) and serves as one of the platforms through which the different departments engage closer. The system should strive to receive good acceptance from the public with a high level of transparency and City of Tshwane (in particular TEO) takes the opportunity of this major event to raise awareness of road to improve awareness among the motorists. Plans are in place to roll out AARTO nationally, but is safety and law enforcement. currently facing major operational challenges. However, there are concerns about the implementation of the points-demerit system, if AARTO is not implemented on a national level to all metropolitan cities Generally, there is a lack of coordination and communication between other role players. The Internal and local authorities goal is to work alongside the Tshwane Metropolitan Police Department in terms of education and traffic law enforcement. From the general acknowledged policing principle “broken windows” and “zero tolerance”, TMPD advocates the pro-active “broken window approach” to address the highlighted issues which states that
maintaining and monitoring urban environments in a well-ordered condition may stop further vandalism b. Tshwane Metro Police Department (TMPD) and escalation into more serious crime. The Tshwane Metro Police Department renders a 24 hour a day policing service to the community, Road safety is a component of Road Policing, which ensures the enforcement of the National Road Traffic comprising the three core functions, namely Road Policing, By-Laws Policing and Crime Prevention. The Act, 1996 (Act 93 of 1996) as amended. The Road Policing unit centres on all activities which reduce, main focus is to ensure a safe and secure road environment and to reduce any causes and opportunities deter or prevent the occurrence of accidents by – ensuring effective and efficient law enforcement; for the occurrences of criminal activities, traffic- and by-law contraventions. monitoring the relevant infrastructure as well as strategic interventions where and when necessary; The three divisions including Regional Policing, Specialised Policing units and the Licensing Unit make and providing supportive traffic control services with the vision to secure a safe road environment. The up the institutional structure. Regional Policing consists of seven regions and four sectors. The Regional core functions of Road Policing involve speed law enforcement, freeway patrol and task-team escort Policing division is decentralised to implement core functions, which are aligned to the seven regions services of heads of state, VIPs and abnormal loads, overload control and moving violation recording of the City of Tshwane’s Ward-based Strategy. The Ward-based Strategy is aimed at the effective for excessive speed. coverage of the Tshwane area by means of decentralising operational deployment to the seven regions In terms of road safety around schools, a road safety survey of all schools within Tshwane was done by of Tshwane (this includes all 105 wards in the city). The regions are further split up into sectors for the TMPD in 2009/2010 (except for Region 5 and 7)7. Results show that traffic engineering interventions greater operational alignment to secure clear role clarifications and responsibilities. This strategy was are still required at most of the schools, especially in the previously disadvantaged areas. Inter alia, developed in line with the Safer City Policy (see 7.5.1.3). this addresses the lack of tarred roads (North Eastern and North Western Regions), non-existing As part of the Ward-based Strategy with the aim of improving visible policing, the number of Metro or inadequate traffic calming measures, as well as the lack of visible policing/law enforcement and Police officers will increase from current 1 600 to 3 500 by 2014. Currently, the City ofTshwaneis untrained scholar patrol. Only 25 out of 262 schools mentioned no concerns regarding road safety, training 500 trainees and already implemented a new shift system. This will drastically impact on the meaning that 90% of the schools that have been assessed experience road safety issues. However, number of officers that will be deployed on the roads. schools are in general sensitive areas and require special attention with respect to road safety. The required interventions and collected information have not been integrated in the Road Safety Master Currently, Tshwane uses a points-demerit system based on the Administrative Adjudication of Road Plan. Traffic Offences Act (AARTO) in order to identify and convict road traffic offenses. However, this system is much debated, since it is confronted with extremely low payment rate of penalties and fees by infringers The TMPD. as part of the Shova Kalula bicycle programme, is together with the Gauteng Department of due to administrative problems (addresses in the eNatis database were identified to be incorrect). Community Safety responsible for providing training for the beneficiaries. From inception to date (2008-
7 TMPD (2010): Road safety survey of all schools within Tshwane
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Chapter 14 final.indd 5 2015/04/17 12:06:36 PM 2013), 6 300 learners in Tshwane have received bicycle and basic education. The training covers road d. Gauteng Department of Community Safety (GPSAS) safety theory (70 learners per session) and a practical part with riding a bicycle. The learner – “safety The Department of Community Safety (GPSAS) plays a key role in promoting road safety throughout the supervisor” ratio is 70-2. The training is only conducted once before the learners receive the Shova province. The GPSAS takes responsibility for developing a funded implementation plan that will result in Kalula bicycles. practical initiatives for each of the key priorities of the Gauteng Provincial Government. Amongst others, The TMPD collects accident information, which forms part of the officially used accident statistics, but one key priority is “All People in South Africa are and feel safe” which is supported by the objective of there are problems with the accurate collection of data (see section 7.5.1.7 for more detail). These public reducing road fatalities. Within this, actions comprise of: accident statistics are captured in the TrafMan system. • Identify and prioritise hazardous locations for customized law enforcement
• Prioritize communities in and around such hazardous locations and initiate road safety c. Emergency Services Department (ESD) educational programs (mainly NMT focused)
The Emergency Service Department established an Interdepartmental Joint Operations Committee • Conduct driver educational training, targeting different companies and taxi drivers (JOC) based on the Disaster Management Act No. 57 of 2002 to mitigate against the ten major disaster • Undertake road blocks, roadside checkpoints to check for non roadworthy vehicles (specific risks of the city. One of the priorities identified, is major transportation accidents (rank eight). Closely focus on taxis) related is also Priority six, namely: Hazardous Material Incidents - dangerous goods – which are more Their key projects focus on road safety education, specifically on learners grades four to eight. The prone to take place during transportation. The JOC promotes interdepartmental liaison and the first Gauteng Department of Community Safety is working closely with the TMPD Social Crime Prevention meeting involving all stakeholders was held in November 2012. From a road safety perspective, three unit (scholar education), and Gauteng Department of Education. However, there is a lack of integration key role players regularly attend the meeting, namely TEO, TMPD, and SAPS. with other stakeholders. There is also no strategic plan to cover all schools within one year and no All departments need to develop action plans according to their roles and responsibilities on the Disaster performance measurement in place. Risk Reduction (DRR) plan, which includes the signing of Service Level Agreements. The DRR is
scheduled to be on the scorecards of all departmental heads. e. SANRAL The ESD prepares maps and reports for internal use based on the data they capture of incidents. The The South African National Roads Agency (SANRAL) supports the Decade of Action for Road Safety. purpose of the maps and reports is to develop actions to reduce number of incidents. Specifically, SANRAL’s involvement relates to infrastructure, road-user behaviour and post-crash As with the above stakeholders, there is a lack of integration of different CoT departments and with the response. development of a comprehensive ESD Master plan and the CITP. Infrastructure
In terms of service delivery standards, Tshwane has adopted the South African National Standard 10090 As part of its community development program, SANRAL promotes pedestrian accessibility and (SANS Community Protection against Fire) which outlines a system of determining the requirements mobility by providing appropriate infrastructure. Over the next five years actions will focus on: for operational and fire safety functions of emergency services. The standard specifies, inter alia, the • Constructing pedestrian and bicycle paths and strategically located pedestrian bridges to number of firefighters allocated to each shift and the number of (equipment) and vehicles available to safely accommodate non-motorized modes of transport. firefighters in each shift, to ensure responding with adequate manpower and arriving within a reasonable • Effective traffic-calming measures at locations with pedestrian activity. time in case of an emergency.
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Chapter 14 final.indd 6 2015/04/17 12:06:36 PM • Development of the Netsafe road safety risk tool. Netsafe is one main component of qualifications of the Road safety Audit Team Leader, and roles and responsibilities of the Audit Team, as SANRAL’s Road Safety Management System. Netsafe is a tool, that uses the existing road well as that of the Service Provider. geometry to predict risk areas (by calculating “risk” and “priority” indices for homogeneous Sections of SANRAL’s road network within Tshwane are currently operated by Trans Africa Concessionairs road sections.). This tool will help guide investment that yields maximum road safety return. (TRAC) and by Bakwena Toll Concessionaires on a Build, Operate and Transfer (BOT) basis. TRAC Education manages a section of the N4 east between Pretoria and Maputo and Bakwena manages the section of the SANRAL’s road safety education and awareness program actions include: N1 north of Pretoria up to the Warmbaths interchange, and the N4 travelling west towards the Botswana border. Apart from the contractual responsibilities in relation to the infrastructure, both concessionairs • Inform pedestrians (particularly scholars) of the risks and how to make use of the safety have initiated and assisted with several road safety and education programs in communities along interventions provided. their corridors in recent years. Mainly, actions focus on pedestrian safety education at schools, and • Focus on schools that are within 5km of SANRAL road network (Implement road safety are implemented in the more rural areas with no initiatives being known in the greater Tshwane area. education in the foundation, intermediate, senior and further education and training phase by offering material in workshops to educators and learners.) f. Road Traffic Management Corporation (RTMC) • Involve governmental and non-governmental role players (road safety officers, community The Road Traffic Management Corporation has been established in 1999 as a national body to enhance development officers, law enforcement officers) directly in road safety management the overall quality of road-traffic management and service provision, and to be the lead road safety and encourage them to provide training and incentives for community involvement, and agency in South Africa. Their role is to, inter alia, strengthen cooperation and coordination between the conducting strategic planning. national, provincial and local spheres of government in the management of road traffic. • Encourage national, provincial and local businesses to invest in road safety through strategic partnerships. A special section within the RTMC focuses on enhancing awareness of road safety and ensuring that effective traffic enforcement is achieved. Therefore, the effectiveness of provincial and local government • Research the impact of educational measures on road-user behaviour changes. efforts in road traffic law enforcement forms a key focus area. The RTMS also supports road safety • Develop and manage a road safety communication strategy for the national road network. education. Post-crash response The RTMC implemented the National Rolling Enforcement Plan (NREP) in 2010 with the goal of stopping • Guide the development of the National Framework and Guideline for Incident Management more than one million vehicles and drivers every month to check for various factors of compliance or • Continue to conduct workshops and refresher training courses to emergency service lack thereof. Results so far show small, but significant reduction in fatalities, promising decline of offence personnel based on the new RIMS guidelines rates and enhanced level of coordination and communication at all tiers of government.
8 SANRAL has adopted a Road Safety Audit Policy based on the RSA manual (7.5.1.2) with the principle The RTMC as a member of the United Nations Road Safety Collaboration has entered into a partnership of being cognisant to the anticipated road safety return associated with the investment of an audit. Given with International Road Assessment Programme (iRAP) to roll out the program to conduct road the financial and road safety auditor capacity restraints in the South African industry, it is endeavoured assessments and recommend remedial actions. The programme helps to identify hazardous locations to introduce Road Safety Audits at stages of specific projects which will provide the highest road safety and develop road safety plans and interventions integrating engineering, enforcement and education return, for such investment. The policy therefore identifies the type and stages of SANRAL projects for based on applying star ratings for roads. Star ratings are an objective measure of the likelihood of a which Road Safety Audits should be conducted, the size of the Road Safety Audit Team, the minimum crash occurring and its severity (classifying one-star road with the highest risk of a person’s death or serious injury and five-star road with the lowest risk). 8 SANRAL (2013): (Draft) Road Safety Audit Policy
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Chapter 14 final.indd 7 2015/04/17 12:06:36 PM The key outputs of the South African Road Assessment Programme (SARAP) will provide objective data of taxi vehicles at different check points and to work hand in hand with traffic officials to promote road that can guide policy and performance tracking and to lobby governments and aid agencies for funding safety and to eliminate bad elements and improper conduct from Taxi drivers and operators. The Road to improve roads. Targets include the following: Accident Fund joined this campaign and provide training to Santaco representatives. Even though • Elimination of one and two star roads by 2020 whereby focusing on the 10 per cent of roads Santaco and the Hlokomela Champions do not have legal powers to issue fines, they have internal which carry the most traffic processes in place to enforce the rules. • Ensure minimum of three star standards for all new road designs • Assessment and performance tracking on 36,000km of roads (2011-2020) 2013: The Star Rating i. Road Accident Fund (RAF) of approximately 4,000 km of road network (4,900 carriage-way kilometres). The RAF is responsible for providing appropriate insurance cover to all road users within the borders of South Africa. The RAF provides two types of insurance cover, namely personal insurance cover to g. South African Police Service (SAPS) accident victims or their families, and indemnity cover to wrongdoers. Therefore, it has an interest in working together with other stakeholders to prevent the occurrence of road accidents. The key objectives The SAPS is in process to install a more effective Integrated Justice System Programme (IJS) - which of the RAF Road Safety Strategy are to reduce the current high rate of road accidents by becoming provides the design for an integrated criminal justice system, particularly with respect to information proactively involved in activities aimed at addressing road safety behaviour and promoting road safety management. This initiative is coordinated on a national level following a top down approach. The IJS principles and effective law enforcement. aims to increase the efficiency and effectiveness of criminal justice by integrating and automating the entire justice system. This includes enabling inter-departmental information exchange and business Table 7 1: Tshwane Road Safety Stakeholders - Roles and challenges intelligence-enabled performance management of the JCPS cluster (Justice, Crime Prevention and Role and Responsibility Challenge Security Cluster) and modernizing the departmental system capabilities. TEO Provision of institutional framework No road safety audit policy set in place Existing challenges on the ground include: Development and Managment of road Safety Master Plan (provision of Poor data set of accident statistics prevents analysis of high risk areas • Lack of dedicated Road Safety officers within SAPS. However, focus is more on crime than on engimeering measures) Lack of coordination between other role players Annual updateed traffic calming priority list Road Safety; basic training is needed TMPD • Poor level of coordination, reporting and data flow between TMPD and SAPS Secure a safe road enviroment following the pro-active principle “broken Effective and efficient law enforcement is hindered by the current inadequatly window approach”: implemented legal system for prosecuting offrnders (AARTO) -Speeding law enforcement, No plan that requires regular activities of road safety education; education The SAPS is involved in accident investigations at all road accidents where fatalities occurred. They -Freeway patrole, training only done on request basis by schools; personnel shortage of Social have limited personnel capacity and delays in attending to a scene sometimes result in delays to the -abnormal loads and overload control, Crime Prevention unit -manage strategic interventions, Accident statistics suffer from dark figure problems, poor quality of data and clearing of accident scenes. -supportive traffic control services lack of functional reporting structure Lack of coordination and cooperation between the various stakeholder Accident on-scene management, capturing of accident data and preparation of basic reports Underreporting by the public h. South African National Taxi Council (Santaco) Implementation and management of the Safer City Policy and action plan Introduction of the Ward-based Stratedy with the aim of improving police The Taxi Industry, through its representative body SANTACO, has adopted the TR3 2020 Strategy which visibility (recruiting of new Metro Police officers) ESD amongst others, addresses road safety. The national Hlokomela campaign has been initiated in 2010 and promotes road safety and responsible driving among taxi drivers, passengers, pedestrians and other road users. The aim thereof is, inter alia, to reduce the road accidents through checking and monitoring
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Chapter 14 final.indd 8 2015/04/17 12:06:36 PM 4.1.1.5. Tshwane Road Safety Management – Allocation of budget and monitoring of Role and Responsi bility Challenge implementation targets
ESD The allocation of funds for road safety engineering related projects is approved within the municipal Establishment of an Interdepartmental Joint Operation Committee (JOC) to Incisents with hazardous substances are critical mitigate against ten major disaster risk of the city budgetary process and monitoring is ensured through the City’s Performance Management System. In Disaster Risk Reduction management and development of a comprehensive Previous lack of integration with the CITP ES Master plan short, the process can be outlined as follows: Effective data management: Data Collection, analysis and maintain central database for internal use in order to define actions to reduce number of 1. Compilation of list of proposed road safety projects per type of measure (see 4.) incidents GPSAS 2. Input into the IDP Tasks are to monitor policing agencies, implement crimeprevention initiatives, Lack of coordination and cooperation between the various stakeholder manage traffic, educate citizens about public safety 3. Budget approval and preparation of annual budget Actions comprise of : Training material for learners outdated _I dentify and prioritise hazardous locations for customised law enforcment 4. Preparation of implementation programme according to available funding per road safety measure initiate road safety educational programmes for communities -Conduct driver educational training targeting diffrent companies and taxi (TEO, refer to Figure 14.1): drivers - Traffic Calming and Pedestrian Safety for Tshwane SANRAL - Cycle and Pedestrian Paths for Tshwane Involvement relates to infrastructure, road-user behaviour and post-crash Lack of coordination between various role players response - Parking Bays/Bays at Schools Development of the Netsafe road safety risk tool as part of SANRAL’s Road - Essential and Unforeseen Road Improvements Safety Managment System Provision of road safety education at schools that are within 5km of SANRAL - Traffic Flow and Safety on Corridors road network Guide the development of the National Framework and Guidline for Incident - Improvement of traffic flow at intersections Management Guide the development of the National Framework and Guideline for Incident 5. Monitoring according to the Performance Management System by means of City, Corporate, Management Adoptation of a Road Safety Audit Policy based on the RSA manual Departmental, and Individual scorecards RTMC - Road Safety related projects are captured under the specific strategic objective Number Implementation of the National Rolling Enforcement Plan in 2010 Lack of evaluation data that proofs the functionality of CIMS three out of seven objectives of CoT: “Ensure Sustainable, Safer Cities and Integrated Social Partnership with International Road Sssessment Programme to conduct road Poor level of management that ensures the effective implementation and assessments and recommend remedial actions operation of AARTO Development” Testing of the Crash Information Management System to improve accurancy - KPA: per departmental unit (TEO, ESD, TMPD) and availability of accident data SAPS - KPI: achievement of road safety targets through specific projects In progress to install an more effective Integrated Justice System Programme Lack of dedicated Road Safety offecers; basic training for officers needed; poor particularly with respect to information management level of coordination, reportiong and data flow between TMPD and SAPS The budget for road safety projects within TEO for 2012/13 and 2013/14 are indicated in Figure 1 below. The allocation of these capital projects is based on Tshwane’s region‐based service delivery model. The allocation split per region remains the same, i.e. Region 1 receives the highest budget after Region 6 and Region 3.
No budget information has been received from ESD and TMPD related to road safety.
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Chapter 14 final.indd 9 2015/04/17 12:06:37 PM 2012/2013 2013/2014 Table 7 2: Road Safety related targets and indicators R 16 Million R 16 Million
R 1 000 000 Corporate and Departmental Scorecard Traffic calming and Pedestrain R 4 000 000 R 4 000 000 KPA Re- Safty for Tswane City Respon- Annual Operational Programme / Activity / Initiative / porting score- sible target for Business Activity Project / Type / Funding Source Safer cards Unite 2012/2013 Cycle and Pedestrian Ciry Paths for Tshwane Transport Department Parking Bays/Bays at Schools Transport Department
Essential and Unforeseen IRPT R 2 000 000 R 3 000 000 Length [km] of walkways and Road Improvements Construct new walkways and cycle tracks TIDCM 16.81 X cycle ways constructed TIP Traffic Flow and Safety Road Safety Construct new spreed humps, number of speed humps, raised on Corridors TIDCM Improvement and Raised ped. Crossing, mini circles ped. Crossing, mini circles and 225.00 - TIP R 2 000 000 R 9 000 000 Related Operations and related safety devices related safety devices provided Improvement of traffic R 1 000 000 Flow at intersections IRPT Number of traffic signals Upgrade and provide new traffic signals TIDCM 6.00 - upgraded/provided TIP
Road Improvements Number of intersections and/ Figure 2: Allocated budget of the TEO capital projects for the financial year 2012/2013 and 2013/2014 Implementation TIDCM 4.00 X or corridors improve Operations
Road Traffic Signs The following can be concluded from the budget: & Marking Design & TIDCM N/A N/A - Display Operations
Specialised Technical • The current budget of say R10 million or R16 per annum is insufficient considering the existing TIDCM N/A N/A - Traffic system Support need of road safety actions. Traffic Signals System Management, Operations and Maintenance
Number of traffic signs Peplace and repair road traffic signs TIDCM 7671 - • There are concerns relating the budget split into the different wards which reduces the impact of replaced or maintained
Number of traffic signal measures. Attend to all reported TIDCM faults, including outages, 2470 - malfunctioning traffic signals Traffic signal attended to per City region • Strategies need to be developed to motivate a larger budget and to identify more sources of asset maintenance Respond to customer complaints for traffic % of complaints related to traffic operations TIDCM 0.8 - funding. Signs within approved response times signs addressed on time % of complaints related Respond to dangerous traffic signal TIDCM dangerous traffic signal situations 99% - situations within 4 hours reacted to with in 4 hours TMPD and ESD 9cross-cutting indicators)
Average time taken to respond to Reduce response time in case Urban: 15min ESD an emergency medical incident - Prevention and of incident/emergency Rural: 40min reduction in road in an a) urban b) rural area and fire incidents Reduce safety incidents (fire, ESD Reduction in safety incidents 12% X rescue, desaster)
Number of Road policing interventions N/a of new TMPD officers executed in order to comply with the TIDCM 5% X trained and placed road safety plan (Road policing)
Reduction of crime N/A of new TMPD officers Ward-Based Strategy TIDCM N/A - and law incidents trained and placed
Number of TMPD Educational awarness Educational awarness focused on interventions exexuted focused on the TIDCM the vulnerable groups e.g older N/A X IDP stratigic objective 3: Ensure sustainable, safer cities and interrated socialdevelopment cities and interrated safer sustainable, Ensure 3: objective IDP stratigic empowerment of vulnerable groups persons, women, children etc.
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Chapter 14 final.indd 10 2015/04/17 12:06:37 PM 14.1.1.6. Status Quo of Accident Data Information Systems • Under-reporting occurs also with damage only accidents, where members of the public are not insured and negotiate cost among them without reporting the accident. The term road accident data “system” refers to the people, processes, hardware and software involved • Report structure is insufficient, meaning that data is not used for decision-making purposes. in collecting and managing information related to road accidents. For a better understanding, the current
procedure of data collection is described, with the aim to identify gaps in the quality of the accident data, Figure 3: Data collection process including accident on-scene management and stakeholder involvement to make it possible to make recommendations. Accident takes place Figure 1 shows the two sources of accident information (TMPD/SAPS and ESD), which are in more Tshwane Metro Police Department attends scene detailed described below. It should be noted that the severity of an accident, determines which of the Accident Severity determines stakeholder involvement different role players becomes involved. ESD call centre coordinates The actions by the different role players to collect accident data is described in more detail below. Damage only Injury Fatality on-scene assistance and logs details of incident
a. Tshwane Metro Police Department and South African Police Service Accident management Persons reports details Metro Police Officer hand over from TMPD In terms of the National Road Traffic Act, accident report forms must be completed for all accidents at SAPS station or Police ESD attends scene records details to SAPS for criminal Officer records details regardless of severity. In case of minor accidents with injuries this is done by the TMPD, if there are investigation and ESD severe injuries or mostly when there are fatalities, it falls under the responsibility of SAPS. SAPS collects SAPS Police Officer the data on behalf of the RTMC. records details Currently, accident reports of all 36 SAPS stations within the seven TMPD regions are transferred to a Accident Report (AR) form completed central data unit on a weekly basis. The data is captured using TrafMan, which has been the standard Details of incident are software for a long time and is outdated. Accidents with fatalities have priority and serve as the data confirmed and stored in ESD database base for the monthly “100 hotspot intersections”. The data of fatalities is transferred to the RTMC, which SAPS notifies RTMC interprets, consolidates, analyses and produces official reports. There is under- and late reporting of AR forms from all 35 SAPS stations are collected and transferred both serious and fatal crashes by SAPS to RTMC. Probably one of the issues is that both TMPD and to a central data unit on a weekly basis by TMPD/CoT SAPS have other priorities that need to be addressed, with the result that accident reporting may not receive the priority it deserves. Fatalities are captured CoT captures accident data on TrafMan first on TrafMan to create There are no requirements from within the City to further investigate or analyse the data. Therefore, no (after fatalities have been captured) a list of the monthly “100 maps are produced and limited analysis is done. hotspots intersection”
The following problems are encountered: Data transfer to RTMC • Incompleteness of data. No quality control mechanism. • Limited coverage of the geographical area (disadvantaged areas). ESD analyses, interprets and creates • High number of unknown events/data elements. RTMC generates, interprets, CoT only stores accident data, no interpretation, reports for internal use only analyses and reports • Poor information per accident (causes, no analysis per road user type etc.). analysing or reporting of data official statistics • Severity of the accident not followed-up by SAPS.
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Chapter 14 final.indd 11 2015/04/17 12:06:37 PM b. Emergency Services Department e. Conclusion on accident data collection in Tshwane
The Emergency Services Department (ESD) has a system that captures all calls when incidents are The review of current collection methods and systems indicated major challenges and poor quality reported. Details per incident (including all accidents) are logged, but can differ depending on the data. The functionality of the systems highlights the need for intervention and a new approach of data person who receives and manages the calls. The ESD database works separately from the TMPD/ management. SAPS system. Transport and that road accidents, are one component within all ESD captured incidents The Tshwane road safety strategy should address this by making recommendations on how the City and information is available about: should collect, validate, store and analyse accident data. Exact identification of accident locations and • Bicycle/Motorbike accidents are captured as one category and it is not clear, if there was always details of all factors that contributed to a particular accident are desirable input values. a motor vehicle involved. • Pedestrian accidents are not specifically recorded. It is proposed to investigate innovative measures of data collection that will assist in developing a new accident reporting system. • Number of casualties and fatalities are not always captured (depends what control centre captures). A proposal was also made that a Request for Information be send out to service providers, who develop and can assist to manage such accident data base systems. The request for information should be In general, ESD data seems to be more reliable but requires a deeper investigation. managed by the road safety work group, that was established during the development of this strategy. Critical is that all departments assist in collecting information, that the same accident is recorded by all c. Road Traffic Management Corporation on the same system and that data is shared, quality control be done and that daily, weekly and monthly reporting be done. The RTMC is the custodian of national accident data, and should guide the collection of accident data on a national level. They do however experience challenges and the quality of data they collect, and the national guidance they provide, does not benefit City’s such as Tshwane. 14.1.1.7. Accident and injury trends The RTMC is also involved in accident investigation and reconstruction of serious accidents and has The analysis of accident data below is based on the information that has been captured in the TrafMan recently introduced the Crash Information Management System (CIMS). This is a pilot system to improve system, extracted for the period 2008 - 2012. The information from the ESD is not included. One has accuracy, integrity, reliability and availability of accident information. Accidents are digitally captured to be cautious on drawing final conclusions based on the available accident data, bearing in mind the (GPS-based) and information is transferred via a mobile phone link to a central database. CIMS is limited data and the quality thereof. currently tested in 3 provinces. The evaluation of the CIMS implementation is not available at present.
a. Number of Accidents and Casualties d. Forensic Departments and Mortuaries In 2012, there were 211 fatal crashes, a very small decrease over the last five years in comparison with The National Injury Mortality Surveillance System (NIMSS) was established in 1999 to provide more 2008 (reduction of 8%). comprehensive information about deaths due to external causes. The information is collated from existing investigative procedures at medico legal laboratories and state forensic chemistry laboratories. Figure 2 shows the trend in the reduction of fatalities due to road traffic crashes in the City of Tshwane Unfortunately the Tshwane area is not included in their data base. Additional input can however be over the past five years. Fatalities decreased from 264 in 2008 to 243 in 2012, a reduction of 8 %. obtained through this data base. However, the number of road fatalities had its peak in 2009 with 279 road fatalities.
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Chapter 14 final.indd 12 2015/04/17 12:06:37 PM 05 0 100 150 200 250 300 350 Fatal 12000 11841 300 Vehicle/pedestrian or cyclist 310,3 10000 9829 Serious 250 Single vehicle overturned 230,8 8000 Slight 200 Head on 160,4 150 6000 Single vehicle - Left the road 64,3 100 4000 3669 Angle - both travel straight 63,5 2919 50 2000 Turn left from wrong lane 50,4
Fatalities per annum 0 Casualties per annum 0 Accedent with train 46,1 2008 2009 2010 2011 2012 2008 2009 2010 2011 2012 Sidewipe - opp direction 44,6 Accident with fixed object 35,6 Figure 4: Number of Casualties 2008-2012 Turn right opposing 34,0 Accedent with animal 24,4 Investigation of accident types revealed that most accidents are rear-end accidents (92 900 accidents Head/rear end 18,8 from 2008 to 2012), followed by side-swipe – same direction (45 900) and side-swipe – opposite direction (30 700 accidents). Sideswipe - same direction 15,5 Angle - one or both turning 15,3 In terms of severity, rear-end and side-swipe – same direction accidents, represent only 10% and 5% Turn right from wrong lane 12,7 of fatal accidents. Reversing 2,3 Pedestrian/Cyclist accidents represent 5% of accidents, but 33% of fatal accidents. Accidents involving NMT users are thus a concern both in terms of numbers and severity. Other accident types with high Figure 5: Fatal and Serious Accidents per 1000 Accidents by Accident Type 2008-2012
severity rates are: single vehicle overturned (representing 1% of all accidents but 10% of fatal accidents).
Head-on accidents also have a high severity rate, even though its proportion in terms of all accidents b. Vulnerable road users: Pedestrians and Bicyclists is small. Refer to Figure 3 for fatal and serious accidents per 1000 accidents for the past five years. Pedestrian fatalities remain a big challenge and represent 20% of all deaths (as per the Tshwane data). Unfortunately, the numbers for fatalities and serious injuries are not available per accident type. The national average is closer to 40%. A proportion of 10% of cyclists are among all NMT users that are involved in road accidents.
The fatalities figure remains roughly constantly the same, except for 2009 when close to 80 NMT fatalities occurred. However, a slow decline over the last three years can be identified although there is not much of a change in terms of proportion of all fatalities.
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Chapter 14 final.indd 13 2015/04/17 12:06:37 PM Figure 6: Number of Pedestrian Fatalities 2008-2012 The available information on pedestrian hazardous locations has been identified to be
Number of Fatalities 2008 - 2012 – City of Tshwane inadequate, mainly because it is not possible to trace accidents to specific locations. Therefore, Table 7 4 indicates high pedestrian accident areas within Tshwane. The previous disadvantaged areas show the highest level of pedestrian accidents owing to 300 279 er the fact of poor infrastructure and to the high volumes of pedestrians. The total accidents 264 Total Road User 250 255 236 243 in these five areas accounts for 29% of all pedestrian accidents. 200 Pedestrian Tshwane’s level of motorization shows a continuous growth with an average annual 150 growth of 2.4% (total growth in vehicle population). The light motor vehicle population 100 increased with a growth of 14% over the period 2008-2012. It seems that there is no 76 67 correspondence to the number of fatalities per 100 00 registered vehicles, with the rate 50 54 57 48 decreasing from 2.8% in 2008 to 2.3% in 2012.
Fatalities per annum 0 2008 2009 2010 2011 2012 The available accident information limits the conclusions that can be made from existing accidents. Therefore an investigation should be made based on the future data set, to estimate the private transport and public transport ratio of accidents and fatalities. Table 7 3: Pedestrian fatalities as a proportion of the total fatalities 2008-2012 On a metropolitan level, the risk of dying as a result of a road traffic injury is one of Fatalities 2008 2009 2010 2011 2012 the lowest in the Tshwane Metropolitan Area. From the information available, the City of Johannesburg Metropolitan Municipality has an estimated road fatality rate of 19.3 Pedestrians 54 76 67 57 48 per 100 000 population (in 2002), which is higher than in eThekwini (16.6 in 2010) and Cyclists 1 3 5 6 6 in Nelson Mandela Bay with 11.5 in 2009. The fatality rate per 100 000 population for Tshwane is 10.1 for 2012. All road users 264 279 255 236 243
% NMT User 21% 28% 28% 27% 22% 14.1.1.8. Road Safety in Tshwane: Key Achievements and Existing Key Table 7 4: Areas with the highest number of pedestrian accidents based on the top 15 identified hazardous locations in the period 2008-2012 Challenges
Area/Suburb Fatal Serious Slight No Injuries Total In summary, the following achievements and challenges emerged from the status quo investigation of the different road safety stakeholders. Soshanguve 33 474 293 6 806
Mamelodi 17 260 278 17 572 Achievements: Pretoria CBD 6 101 119 9 235 • Annual updated traffic calming priority list Atteridgeville 4 83 65 5 157 • Procedure for the development of Road Safety Master Plans Akasia 20 59 39 6 124 • Efforts towards a more integrated process of road safety. For instance the
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Chapter 14 final.indd 14 2015/04/17 12:06:38 PM activities around the annual Transport Month with its active involvement of different departments • Road safety enforcement pilot project which focuses on drunk driving and seat belt use, led by show the potential of streamlining actions and resources. South Africans Against Drink Driving • Willingness to focus on a better coordination and information flow within the accident investigation • Truck driver road safety training in South Africa and neighbouring countries process (TMPD and ESD) Apart from the UN-approach, evidence exists that road accidents and fatalities can be reduced through
specific efforts in the widely recognized practice model of the 4 “E’s” which focuses on education, Challenges: engineering, enforcement, and evaluation. • Inadequate co-ordination between the different role players. Need a formal institutional structure. Figure 7 illustrates the process of developing the action plan as part of the road safety strategy. • Poor quality of accident information and management thereof (databases lack complete and accurate information) The different pillars are then described in more detail in the following section. • All CoT departments have to conform to the key performance areas and specific key performance indicators of the City of Tshwane’s long-term strategy, Integrated Development Plan (IDP) as well as the annual Service Delivery Budget Implementation Plan and Budgets. It was identified, that these scorecards limit the inter-departmental actions. • Limited resources and funding.
14.1.1.9. Road Safety Strategy
The challenges as identified in the Status Quo provide input to formulate a road safety strategy and setting targets to monitor progress with road safety improvements. Priority areas of intervention have been identified which follow the priorities of the Decade of Action and its five pillars (see 7.5.1.2). This is one of four principles that are applied to the concept of the City of Tshwane’s road safety strategy in order to create a safer road environment.
The development of an environment that enhances coordination, proactive response and use of technology serve as principles that should be incorporated in a road safety strategy.
The UN-compliant structure qualifies Tshwane to apply for funding through the Road Safety Fund. The Road Safety Fund encourages the implementation of the Global Plan of the UN Decade of Action by supporting core funding for projects. Specifically, it directs and facilitates alliances for a range of donors (companies, governments and philanthropies) to support road injury prevention programmes in countries and communities across the world. In South Africa there are so far two projects that receive funding from this source. These are:
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Chapter 14 final.indd 15 2015/04/17 12:06:38 PM Road safety Safer roads and Safer vehicles Safer road users Post-crash management mobilit y response A. COORDINATION OF STAKEHOLDERS,
Challenge s EFFICIENT USE OF RESOURCES, DATA Lack of institutional Engineering standards Vehicles do not comply High number of Lack of information COLLECTION AND MONITORING management; and lack inclusive design with the required accidents/fatalities; sharing and incomplete and poor elements as well as standards of Low level of coordination between accident data set safety intervention roadworthiness compliance to tra ffic role players 1. Establish an active workgroup that ensures communication and mechanisms infringement collaboration between role players
Objectives In order to streamline road safety actions in Tshwane, a formal but still innovative environment needs to A Ensure co-ordination B Ensure design C Ensure high level of D Provide frequent E Improve be created that allows coordination across the transport engineering, education, law enforcement and across multiple standards are of high vehicle roadworthiness road safety education responsiveness to stake-holders and quality and provide a for the youth and post-accident health sector. A workgroup needs to be established to foster relationships and communication. This is to efficient use of safe and inclusive road introduce road safety emergencies resources; Improve environment educational training for ensure an appropriate and clear division of work and responsibilities between the different stakeholders, accident data target groups management and that adequate resources are available and to ensure the most effective utilisation of these resources. reporting The workgroup would be responsible for the management of all road safety actions in Tshwane and to Principles: Alignment with the Decade of Action - Coordination - Use of technology - Proactive respons e assist in the engagement and empowering of this workgroup to achieve political recognition. This body S trategies will ensure that all key agencies cooperate and collaborate effectively. A.1 Provide platform B.1 Update of C.1 Develop plan to D.1 Streamline E.1 Enable different that ensures engineering standards ensure effective law inter-departmental departments to work Road safety strategies are known to be most effective if multi-sectoral (multi-departmental) as well communication and and practice enforcement actions related to collectively and collaboration learner safety structure workflow as multidisciplinary role players (involving both government and nongovernment stakeholders) are education involved. Each stakeholder forms part of the team responsible to manage road safety in the City of A. 2 Initiate a B.2 Introduce new C.2 Policing of vehicles D.2 Introduce road E.2 Introduce one City-internal awareness policies and transporting hazardous safety educational general emergency Tshwane, and need to coordinate departmental plans and budget needs accordingly. and ensure integrated engineering guidelines substances training for target number planning includes road groups safety The Traffic Engineering & Operations section (TEO) of the Transport and Infrastructure Planning Division A.3 Develop low cost B.2 B.3 Law D.3 Increase level of E.3 Pursue effective should serve as the chair and drive the process of streamlining all road safety initiatives and ensures effective accident data enforcement solutions visible law enforcement implementation of management system AARTO commitment of the different agencies. In addition, personal relationships between the different bodies with access to all A.4 Process: Monitor D.4 Testing and are seen to be essential to provide a continuous high level of motivation and commitment. number of accidents introduction of the use and casualties and of technology identify trends and high Considering the overall reporting structure, priority wise it is envisaged that the road safety workgroup risk areas is managed separately ensuring sufficient resources. A meeting once a month or even quarterly should A.5 Process: General monitoring and be adequate. Reporting is provided by TEO, TMPD and SAPS through their weekly attendance of the evaluation Interdepartmental Joint Operations Committee (JOC) which further reports to the Mayoral Committee on S trategies a quarterly basis. The JOC is a sub-committee of the City Manager’s Top Management with the aims to
see workplan 7.5.1.12 see workplan 7.5.1.12 mitigate against the ten priority disaster risks of the City (refer to section 7.5.1.4).
Road safety Safer roads and Safer vehicles Safer road users Post-crash The most important element of the road safety work group to ensure success, is political buy-in and management mobilit y response support. It is therefore proposed that the structure be incorporated into the Formal Organogram of the Figure 7: Key elements of the Tshwane Road Safety Strategy City with the Mayor as a possible direct custodian. The following Table in Figure 8, show the different role players and their responsibility in terms of the 5 pillars of road safety.
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Chapter 14 final.indd 16 2015/04/17 12:06:38 PM 2. Implement an Internal and External Road Safety awareness programme Road safety Safer No. Role Player Safer Roads Safer Users Safer Users Management Vehicles Figure 9 shows the proposed marketing and awareness plan for the road safety strategy. Differentiation Education, Work group Audits, management of RIMS, Data Capturing, is made between an internal and external marketing strategy. The latter one is more relevant in terms of 1 Traffic Engineering management, Improvements to overall education Hazardous locations coordination, reports Hazardous locations a long-term action. For the short-term it is essential to first strengthen the status of the road safety work programme group and design an awareness campaign that will attract representatives to the group and ensure their Education, 2 TMPD Participate Work group Enforcement Enforcement RIMS Enforcement commitment. Making stakeholders to become partners will provide a firm foundation for the preparation of 3 SAPS Participate Work group RIMS, Accident investigation integrated campaigns aimed to reach the public (long term). Since this task of coordination is believed to
4 RTMC Participate Work group Accident investigation be very extensive, it is proposed that a service provider or a dedicated in-house person to be appointed.
Audits, As mentioned in A.1, there is a need for political buy-in to secure wider support. Further, with identifying 5 SANRAL Participate Work group Improvements to RIMS GPSAS and appointing a high profile person to act as public relations road safety voice, political support and Hazardous locations continuous commitment will be ensured. Audits, 6 GPSAS Participate Work group Improvements to RIMS Hazardous locations Review / contribute 7 RAF Review of causes accident data Education, review 8 Driving Schools of training practices 9 Santaco Vehicle testing Driver training 10 Cycling shops Cyclist training 11 Radio Stations Awareness Road user information 12 Towing companies RIMS 13 Ambulance services RIMS Review / contribute 14 Insurance companies Review of causes accident data
15 Traffic Pathology / Forensic services Participate Work group RIMS Engineering
Figure 8: Road Safety Work Group Members with Responsibilities
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Chapter 14 final.indd 17 2015/04/17 12:06:38 PM Figure 9: Marketing plan for Road Safety in Tshwane 3. Develop a low cost, effective, central database system with access to all involved
Short Term Long Term The existing challenges regarding the current accident data collection process consist of inadequate data, data format, processing of data, quality of data and thus procedures for quality control and entry Implementation Implementation practices into a computerized database system (refer to section 7.5.1.7).
It is proposed THAT THE City of Tshwane become a pioneer in the development and roll out of an Internal Marketing Strategy External Marketing Strategy accident capturing system that is simple, effective and that is sustainable. To procure an expensive Aim: Attract officials and private parties Aim: Public education and awareness Promote system through a tender process where the City will end up being locked into the propriety system of to the road safety group positive attitudes to road safety one supplier, is not feasible in the long run. Description: City-internal awareness campaign Description: Publicity campaign(s) Lead: External service provider Lead: TEO in consultation with all work- A list of specifications for the proposed system was compiled to provide an initial overview of what the in collaboration with TEO group representatives, external assistance through specialists with system should be capable of. More importantly, the “manual” processes should be well understood and behavioural and social science skills resolved before any processes are automated using software and a central database. Target group: Relevant official and private role Target group: Public, specific target groups/ payers within the road safety field priority areas per campaign The broad specifications for the accident capturing database and system are outlined in the table below. Action Plan: • In-house training (education Action Plan: • Preparation of communications plan and awareness) for council • Message to be understandable: members, relevant departments, provide a clear, easy-to-explain In addition to the above specifications, it is proposed that the use of crowdsourcing be used asan outreach to private bodies description of the future innovative way to record all accidents in Tshwane. Emerging in 2006, the crowdsourcing concept is a • Highlight need and urgency of • Design of branding campaign action, e.g. transparent knowledge • Appoint “modern/hip” web technology that collects information quickly and at lower costs by relying on the experience and of the number of fatalities ambassador for road safety • Appoint top official to • Forge marketing partnerships with knowledge of a much larger number of participants. In terms of advancing road safety interaction it is champion road safety sports organizations and businesses seen as one solution that should be incorporated in the overall road safety strategy.9 This movement • Set realistic, achievable targets for • Use of social media presentation purposes/publicity (inbound marketing) becomes more and more part of a recognized practice worldwide. With the trend of almost ubiquitous • Regular held workshops access to technology, such as smartphones, tablets etc.; crowdsourcing allows flexible, easy accessible • Highlight incentives such as dedicated budget, UN relevance, improve interaction with the public, and assuming immediate response, will create an environment, where people efficiency of interdepartmental workflow • Conduct research of feel they want to be an essential component for shaping policy/future of their city. technological interventions Results: • Strong political will and commitment Results: • Public recognises road injury which ensures that road safety is as a global public health and placed high on the political agenda development priority • Ensure continuity of representatives • Change of mindset across all and their active involvement target groups, real measurable • Equipped city staff with the skills and change in public behaviour resources to implement road safety • Other community and police programmes and to act as expert supporting actions should be planned technical advisors to the executives in conjunction with the campaign. who make road safety decisions • High level of motivation across all responsible agencies • Create an awareness cycle that will result in a political and public pressure to address road safety issues 9 See best practise examples: http://www.roadcross.ch/crosscheck.html; http://crushthespeed.com/
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Chapter 14 final.indd 18 2015/04/17 12:06:38 PM SPECIFICATIONS FOR ACCIDENT DATA CAPTURING SYSTEM 8. Accessibility of data – the data base must be, apart from the reporting tools and regular 1. Use the standard data fields in the Accident Report form, with limited additional data. It is formal reporting and analysis, be made available to all stakeholders for their own specific proposed that an interface be provided with Google Maps or similar spatial interface, where analysis. This will assist to improve their own effectiveness in road safety measures.
the location of the accident can be selected from an electronic map if coordinates from a 9. The system to capture data must be paperless as far as possible. To provide handheld GPS are not available. devices for all traffic officers presents certain challenges in terms of cost and availability, 2. Most important is to resolve the processes – who captures the data, who must report what focus must not be to procure a specific “hand held device”, or a “software system”. The accident, how to get all role players involved. database must be compatible with any type of device – be it an application that runs on Android or Apple platform, or a specific device. 3. A general awareness that any accident must be reported when detected, regardless of the damage, injuries or fatalities. The party reporting it can be anyone of the stakeholders or 10. The software and database specified must be open source and must be web based, with the member of the public. The “data input” side of the data base must therefore be accessible to necessary security build in that the data can not be tampered with, with the necessary back as many people / parties as possible where accidents can be captured. up and disaster recovery in place.
4. A unique number for every accident that can be used to cross reference between the various 11. It is foreseen that in each of the SAPS regions or 7 TMPD regions, a simple desktop computer emergency services and stakeholders. A procedure to avoid duplication of the same accident be provided if handhelds are not available, and that people be trained to use the capturing need to be established. system to log data. The unverified data is “captured” and it is stored centrally via the web, and the quality control team can access the data and review it, and only then finally submit 5. Quality control in the form of a team of people verifying the data is essential. They must it to the primary database. daily review the data that has been captured and run various tests to ensure the data is as accurate as possible. Part of the quality control can be automated by using drop down lists 12. The data from the primary database must be in a format where it can be analyzed using any when capturing data, plotting GIS maps to review locations, etc. This will have a manpower database tool, or export the data to a spread tool such as Excel, and must be GIS compatible and cost implication. to enable the preparation of spatial representation of the data.
6. Real time reporting. A fundamental problem with many accident databases is that the results 13. In addition to the above, new technology and innovative options such as crowdsourcing are only reported monthly or annually. And if reported, only the fatalities are reported. The needs to be investigated. bumper bashes, for example, are however as important as they can indicate hazardous locations for future major accidents before they happen. As part of the awareness campaign, all involved need to get the results of accidents daily, weekly and monthly. 4 General Monitoring and Evaluation
7. Analysis and discussion. If the spatial and statistical analysis, and interrogation thereof by The data captured in the accident database need to be analyzed on a daily, weekly, monthly and annual a work group of knowledgeable people is not included in the data collection process, it is basis to identify trends and hazardous locations. senseless to collect data. The road safety work group (with its multi disciplinary members) must review the data in detail on a monthly basis and see where hazardous locations are, In order to monitor the overall impact and effectiveness of the different road safety interventions, it is what actions can be taken, and most importantly – review the quality of the data collection proposed to conduct annual before- and after studies. This will comprise of analyzing accident data, process as a whole. as well as other type of data such as, speeds, traffic violations, specific behaviour, to enable proper evaluation of interventions. A detailed plan must be prepared to define the location, extent and time
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Chapter 14 final.indd 19 2015/04/17 12:06:38 PM periods of the before and after studies. As a result a database will be created that comprises not only of 3 Implement Road Safety audits on Engineering projects information about accidents but more contextual insight. The RSA manual (refer to 7.5.1.2) recommends that every road authority and municipal or local authority Such studies will create basic knowledge of what has worked and what has been less effective. With accepts a basic road safety audit policy statement. this, a feedback system shall be implemented that documents, e.g. the date of implementation, duration The key for road safety audits to be effective is the proactive and consistent commitment of a road of construction time and completion of the intervention. The results could be presented during activities authority. There are various stages for road safety audits, and the City of Tshwane has to take the of the Transport month to provide a regular update on the progress. following actions to implement road safety audits:
• Define the responsible department and official for RSA within Tshwane B. HAZARDOUS LOCATIONS, DESIGN • Scope and extent of institutional support, including budget allocation STANDARDS AND ROAD SAFETY AUDITS • Requirements to be an auditor, availability of training for auditors A draft terms of reference for road safety audits have been made available to the traffic engineering 1. Develop engineering solutions for hazardous locations department, which is not included in the CITP.
The City of Tshwane Traffic Engineering section need to expand the priority list of hazardous locations in the city, and need to prioritize the list so that with the budget cycle of each year, priority hazardous 4 Use of technology and Intelligent Transport Systems (ITS) to improve road safety locations can be improved. The improved accident database with the location of all accidents will assist in identifying and prioritizing hazardous locations Tshwane need to incorporate the use of ITS in the improvement of Following Distance road safety. As part of the ITS strategy, these will typically include: CAN YOU STOP IN TIME?? Road safety master plans – they need to be expanded, updated to form part of the overall engineering DON’T BE TOO CLOSE strategy to improve road safety. • Improving accident data collection using technology • Making accident statistics available in real time / within a Traffic calming measures, especially around schools need to continue. The focus must be traffic calming Awareness day to all the role players involved measures around schools, and all schools should be reviewed to ensure that over the next say 5 years, ACCIDENTS FREEWAYS • Sharing of information and procedures between the different OCT: 255 all have been done in terms of engineering measures to ensure road safety around the school. SEPT: 283 role players, such as ESD and TMPD
• The use of Variable Message signs (VMS) to inform the 2 Review engineering design standards and practices used in Tshwane Speed public of accidents on a strategic level, but also warn them % SPEEDING > 120 KMH A road safety review of all the Tshwane engineering design standards are proposed to determine if there on a local tactical level of accidents ahead. The figures N1 = 15 % N3 = 7 % are practices that have been used for a long time, but do not comply to the latest Engineering design below illustrate some messages that can be used to improve standards. This will include the incorporation of the concept of complete street design, and special the awareness of safe driving. Awareness attention to vulnerable road users and universal access. Integration of public transport facility design YOUR FREEWAY standards into road design standards also need to be reviewed. 15 FATALATIES LAST MONTH
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Chapter 14 final.indd 20 2015/04/17 12:06:38 PM C. LAW ENFORCEMENT ACTIONS • The scientific approach developed by SANRAL will be used as the basis for road safety education at schools. The have a curriculum with training material, and the focus is on “train the trainer”, Law enforcement is one of the key elements of a road safety plan. To date there is no policy in Tshwane where the teachers are educated to teach the children road safety. The impact and frequency of “Zero tolerance”, and this should become one of the medium term objectives. with which teachers then train the children is then monitored. • SANRAL will make the content of the training material available, but TMPD and GPSAS will As part of the road safety work group, locations need to be determined and coordinated where law have to fund the reproduction of the material. enforcement is required, in addition to the methodologies used at present by the TMPD. Law enforcement • The Traffic Engineering department of Tshwane will coordinate the efforts of the different parties. actions need to be measured monthly to determine trends to see if they are effective. It was agreed that SANRAL will do education at the secondary schools, and TMPD and GPSAS To assist with determining speeding locations, commercial data sources such as Google and TomTom will do education at the primary schools in Tshwane. can be used to determine the operating speeds in Tshwane. This will provide an overview of where • The education of learners will also be coordinated across the four education districts which are speeding occurs, and can be obtained with a good sample size for the whole of Tshwane. Based on Tshwane North, - South, -West, and Gauteng North. this, a speed law enforcement strategy can be developed between the members of the road safety work • The current TMPD and GPSAS scholar patrol programme will be improved and will feature group. specific themes per month. It should also include frequent visits at a Junior Traffic Training Centre (JTTC) and additionally design a concept of a mobile version of a JTTC to ensure Other law enforcement actions, should include current actions on drunk driving, wearing of seat belts, practical impact on a regular basis. Scholar patrol is a prestige activity at schools, adds social vehicle road worthiness and freight. value and enhances the prestige of the school. An important element impacting on law enforcement, is corruption. Tshwane need to implement a zero The coordinated road safety education programme targets to within the next 3 years, all educators in tolerance policy against corruption, and anyone involved in corruption, should be dealt with immediately. Tshwane and thus to ensure that learners get annual exposure to road safety education. The Road safety work group will set up monitoring measures to evaluate the number of educators and learners D. COORDINATED, EFFECTIVE AND that were exposed to the programme every year.
SUSTAINABLE ROAD SAFETY EDUCATION 2 Introduce road safety education and training for target groups 1. Provide coordinated, sustainable and frequent road safety education to all learners in In order to ensure consistent education and awareness programmes, actions are required that address Tshwane high risk road users such as young drivers and taxi drivers. In South Africa, there is no legislation At present random efforts are carried out to do road safety education. The TMPD do training at some in place that regulates driving schools, although South Africa National Association of Driving Schools schools and the Gauteng Department of Community Safety also do education sessions at schools, but SANADS took some initiative to change that. these actions are not coordinated at all. Taxi driver behaviour is a constant concern to all as they seem to drive irresponsible. A database of taxi During the various work sessions, proposals were made to coordinate and integrate the road safety drivers need to be developed and methods need to be evaluated to control and monitor the behaviour education efforts of SANRAL, GPSAS and TMPD. A Memorandum of Understanding was prepared and of taxi drivers. discussed between the parties, in which it was agreed that from 2015, road safety education will be dealt No specific activity has been identified for the above two items, but it should be made a priority of the with in the following way: road safety work group to develop actions in the next five years to develop a closer relationship with SANADS and SANTACO and to implement monitoring and training programmes.
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Chapter 14 final.indd 21 2015/04/17 12:06:39 PM Estimated No. Activity Description of Budget Item Annual E. IMPLEMENT RIMS Budget ( R ) COORDINATION OF STAKEHOLDERS, EFFICIENT USE OF RESOURCES, DATA COLLECTION AND A MONITORING The new RIMS require that it be implemented nationally, also in Tswhane. Establish an active workgroup that ensures communication Allow for minor expenses, attendance of 1 R 300 000 • Work group to coordinate action and plan responses and collaboration between role players conferences, coorsination of meetings Implement an Internal and External Road Safety awareness 2 Print of material, arrange events R 200 000 • Weekly and monthly debriefings of major accidents programme Develop a low cost, effective, central database system with Include user requirements, appoitnment of • Pursue the establishment of a Central Control Centre where all 3 R 2 000 000 access to all involved service provider, and implementation stakeholders will physically be co-located and dispatch their vehicles Part of work group members tasks, no 4 General Monitoring and Evaluation R - from budget required • Measure Key Performance Indicators of all incidents, including detection B DESIGN STANDARDS AND ROAD SAFETY AUDITS
time, response time and clearance time Allow annual upgrade of hazardous 1 • Implement a singe emergency response number for the City Develop engineering solutions for hazardous locations locations, traffic calming, implementation R 20 000 000 of road safety master plans • Develop Servie level agreements with private towing companies and Internal action by Tshwane engineering Review engineering design standards and practices used in Department, coordinated by Road Safety 2 R - private ambulance services Tshwane workgroup. Appoint a consultant possibly once off. Allow as part of the Council road safety budget an amount to be used to initially 3 Implement Road Safety audits on Engineering projects R 1 000 000 14.1.1.10. Implementation plan and Budget do audits on specific projects. Allow for 5 audits per year at R200 000 each. Use of technology and Intelligent Transport Systems (ITS) to Develop technology solutions, none at The different activities that were outlined in the strategy above, are summarized 4 R - improve road safety present, budget for in future. in the table below with a high order cost estimate. The different stakeholders C LAW ENFORCEMENT ACTIONS R - may already budget in each department for some of the activities, and the road TMPD already has a budget for law enforcement. Allow additional budget for the impleemntation of safety work group therefore have to coordinate the budget on an annual basis. 1 R 1 000 000 additional technology to assist with road safety related law enforcement such as speeding cameras
D COORDINATED, EFFECTIVE AND SUSTAINABLE ROAD SAFETY EDUCATION
Procure training material, allow for Provide coordinated, sustainable and frequent road safety additional travel, refreshments during train 1 R 500 000 education to all learners in Tshwane the trainer sessions. R350 000 for training eaterial, R150 000 for other expenses Allow for quarterly meetings with focus 2 Introduce road safety education and training for target groups R 40 000 groups at R10 000 per meeting
E IMPLEMENT RIMS
This involve mostly coordinating existing efforts of different departments. To ensure that montlhy meetings 1 R 500 000 happen, appoint a consultant to coordinate efforts TOTAL R 25 540 000
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Chapter 14 final.indd 22 2015/04/17 12:06:39 PM COMPREHENSIVE INTEGRATED TRANSPORT PLAN
CHAPTER 15 PUBLIC TRANSPORT SAFETY & SECURITY FRAMEWORK
Chapter 15 final.indd 1 2015/04/17 12:15:18 PM CONTENTS EXECUTIVE SUMMARY 1 15. SAFETY AND SECURITY 2 15.1. Road Safety 2 15.2. Public Transport Safety and Security Framework 2 15.2.1. Introduction 2 15.2.2. Safe and Secure Facilities 2 15.2.3. Stakeholders 3 15.2.4. Issues with Safety and Security 3 15.2.5. Strategic Framework 5 15.2.6. Conclusions 7 15.2.7. References 7
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Chapter 15 final.indd 2 2015/04/17 12:15:18 PM CHAPTER 15 PUBLIC TRANSPORT SAFETY AND SECURITY FRAMEWORK
EXECUTIVE SUMMARY
The Comprehensive Integrated Transport Plan (CITP) for the City of Tshwane is being developed in terms of a typical planning process provided for by the Technical Transport Planning Guidelines of the National Department of Transport. A framework for public transport safety and security is required by the Minimum Requirements for Integrated Transport Plans in terms of the National Land Transport Act, 2009, within the context of the relevant Comprehensive Integrated Transport Plan (CITP) scope of work.
Movement statistics, forthcoming from updating the transport information register, will inform the priority corridors and the need for safety and security interventions for commuters. There was consultation with various stakeholders to coordinate strategies to enhance Safety and Security measures for commuters.
From the literature survey, the various existing strategies in South Africa and consultation with the various stake holders the main issues of concern with safety and security were summarised. The issues were considered in 5 categories dealing with behavioural issues, infrastructure and facilities, enforcement, legal issues and institutional issues.
The framework is based on the following four pillars, which were discussed separately:
• Engineering • Enforcement • Education • Governance
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Chapter 15 final.indd 1 2015/04/17 12:15:19 PM The intention of the framework for Public Transport Safety and Security for the CITP is to enable the Transport security is defined as the vulnerability to intentional criminal or antisocial acts development and ensure alignment of strategies on lower levels, e.g. the IRPTN and the TRT. suffered by those engaged in trip making. The relevant acts usually include:
It is suggested that this framework be considered in formulating strategies for the identified pillars. The • Theft strategies should be coordinated on the relevant levels of operation, dealing with the relevant level of • Criminal damage detail. Programmes, projects and interventions for implementation must be forthcoming from these • Sexual offences strategies. • Robbery • Antisocial behaviour • Fare evasion 15. SAFETY AND SECURITY • Sabotage /terrorism • Interference with operation of system (cable theft) 15.1 Road Safety
15.2 Public Transport Safety and Security Framework 15.2.1.2 Scope of the Work
15.2.1 INTRODUCTION A framework for public transport safety and security is suggested in this document, within the context of the relevant Comprehensive Integrated Transport Plan (CITP) scope of work: 15.2.1.1 Background “The primary focus is to develop a Safety and Security Strategy for commuters. This will The Comprehensive Integrated Transport Plan (CITP) for the City of Tshwane is being include on-board and on-street safety and security initiatives. The Strategy will not focus on developed in terms of a typical planning process provided for by the Technical Transport specific routes per say but would provide an overarching policy approach with supporting Planning Guidelines of the National Department of Transport. practical interventions for Public Transport safety and security.”
Various activities enable and support the technical tasks during all phases of the project. The various tasks are grouped and handled in Work Groups. Work Group 7 deals with the 15.2.2 SAFE AND SECURE FACILITIES Public Transport Strategy. Task 34 deals with Public Transport Safety and Security. Movement statistics, forthcoming from updating the transport information register, will inform the priority The National Crime Prevention Strategy (NCPS), released in 1996, led to the formulation corridors and the need for safety and security interventions for commuters. of 20 implementation programmes. These were grouped into four categories/ pillars, one of them being crime prevention through environmental design. The NCPS defines the The facilities regarded to be relevant to public transport safety and security were identified in the above as “reducing the opportunities for crime by changing the environment in which it Integrated Rapid Public Transport Network (IRPTN) safety and security status quo to be: occurs”. Crime prevention through environmental design should however be seen as part • Ambulance Services of a broader strategy that includes developmental, social, organisational, managerial and • Clinics policing initiatives. • Health Centres • Hospitals The definition for transport safety is the vulnerability to accidental injury (usually involving • Customer Care Centres at least one vehicle as the instrument causing the injury) and is usually related to road • Fire Stations and fire brigade services accidents, involving people, vehicle and the traffic environment. • Police
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Chapter 15 final.indd 2 2015/04/17 12:15:19 PM • The Tshwane Disaster Management Centre • There is a general lack of road safety awareness and practices. • Support and Administration • Vehicles are ageing and in a poor condition The current distribution of these facilities is given in Annexure A. • Road conditions are deteriorating • Non-motorised transport facilities are inadequate
15.2.3 STAKEHOLDERS • Law enforcement is inadequate and in-effective • Incident record keeping is poor There was consultation with various stakeholders to coordinate strategies to enhance safety and security • Security incidents occur while walking to and from public transport facilities, at facilities and on measures for commuters. vehicles
Stakeholders involved with and affected by public transport safety and security include the general • Security and personal safety consideration and concerns deter people with a choice from using public, service providers/operators and the various authorities. These stake holders were represented public transport by: • Users are vulnerable, due to inadequate designs and availability of security measures (i.e. lighting, CCTV, visible policing, etc.) • Tshwane Metro Police Department • South African Police Service • The public transport system may become a security target • Emergency Services, including fire brigade services • Incidents reporting is often problematic • TRT PMU The issues can be considered in 5 categories. The first category deals with behavioural issues which • City of Tshwane Transport can be addressed by educating role players to act more responsibly. The second category deals with • PRASA Metrorail infrastructure and facilities which can be planned and designed to support safety and security. To some • Gautrain Management Agency extent role players’ behaviour is affected by the efficiency of enforcement, thus the third category. Legal • State Security Agency issues deal with legislation (Acts and Regulations) and the interpretation thereof to enhance safety • City Departments (Water, Electricity & Health) and security. The last category deals with institutional issues relating to an enabling environment. A • Operator Associations summary of issues under the various categories is given in the table below: • Commuter Representative Organisations
15.2.4 ISSUES WITH SAFETY AND SECURITY
From the literature survey, the various existing strategies in South Africa and consultation with the various stake holders the main issues of concern with safety and security can be summarised in the following statements:
• There is a high level of road safety incidents and fatalities. • High occurrence of unsafe vehicle operations such as reckless driving, speeding, etc.
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Chapter 15 final.indd 3 2015/04/17 12:15:19 PM Table 1: Summary of Public Transport Safety and Security Issues
EDUCATION ENGINEERING ENFORCEMENT LEGAL INSTITUTIONAL
Culture of non-compliance: Inadequate capacity: Capacity/funding constraints: Penalties inappropriate: Overall structure ineffective: • Unlikely to be caught • Overcrowding of trains • Too few people for the job • Inadequate law enforcement • Duplication/gaps • Penalties are too soft • Roads too congested • No useful benchmarks • Penalties not severe enough • Roles unclear • Mindset that it is not important to comply • Lack of NMT infrastructure • Low visibility • Inconsistent imposition of penalties • No SLAs • Fraudulent licences are accepted • No on-the-road enforcement • No dedicated PT focus as a norm • Officers not on the road except during special campaigns Resistance to change: Unsatisfactory operations: Disjointed approach: Speed limits too high and not enforced: Co-ordination a problem: • Recapitalization process • Emergency response • No overall strategy • Pedestrian areas • No overall strategy • PT contracts • No keeping to schedules • No uniform standards and procedures • Houses closer to roads • No standard processes • Court evidence lacking • Limited communication Lack of skills and experience: Low maintenance levels, e.g.: Ill-equipped officers: Incident reporting confusion: Particular problem areas: • Training inadequate • Lighting • Lack of proper training • Where to report incidents • General enforcement • Insufficient experience • Holes in fences • Taxi crime • Cleanliness of facilities • Pedestrian safety • Justice system • Emergency reporting and responding Ignorance of dangers: Design process shortfalls: Ineffective monitoring: By-laws too varied: Info. management poor: People lack awareness • No formal safety checks • Limited use of ITS • Many jurisdictions • No database integration Crime stat’s not available • Community not involved • Each with own by-laws • Inadequate vehicle/driver/ incident data, e.g.: o Poor planning o Classify as PT o Precise locations • No central information centers • Result in poor operations Limited help access, e.g.: Fraud is pervasive: Squatters’ rights supreme: Other issues: • Help buttons • Testing/licensing authorities • Danger to themselves • Funding insufficient • Emergency phones • Drivers/operators • Danger to commuters • Communities not sufficiently involved • Kiosks • Threat to infrastructure • Disaster planning (incl. terror) • Driver testing capacity Special needs overlooked Vehicle maint. not regulated Metered taxis oversubscribed
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Chapter 15 final.indd 4 2015/04/17 12:15:19 PM 15.2.5 STRATEGIC FRAMEWORK This framework supports the vision of:
It was found that each institution with a strategic framework for public transport safety and security has “A safe and integrated transport a different approach and the structure of the framework differs. However, there are some aspects that system that empowers the community to prosper are consistently present in all the strategies that have been considered. After several deliberations and in the leading African Capital City of Excellence” discussions on various working sessions, involving various stake holders it was concurred that the CITP framework will be based on the following four pillars: The specific objectives to give substance to the vision are seated in the definitions for safety and security: • Ensure the safety of public transport users through effective design. • Engineering • Create a secure environment for public transport activities. • Enforcement • Education The support, which forms the critical structure, is in the form of pillars. The structure is founded on • Governance the enabling policies and strategies of the various spheres of government. Completing the building,
The intention of the framework for Public Transport Safety and Security for the CITP is to enable the making it functional, are various aspects to be included in implementation. Effective consultation with all stakeholders is essential to ensure a proper understanding of needs and demands. The involvement of development and ensure alignment of strategies on lower levels, e.g. the IRPTN and the TRT. At the all relevant role players is key to ensure all expertise and capacity is employed for the ultimate solutions. same time it will be ensuring alignment with the provincial and national strategies. The framework is The framework will develop into a proper strategy with the development of programmes, eventually presented schematically in the following figure: rolled out in projects. From time to time it will be necessary to act promptly on unforeseen demands, leading to ad hoc interventions. A safe and integrated The various pillars of the framework are discussed below: transport system that empowere the cpmmunity to prosper in the leading African Capital City of Exellence 15.2.5.1 Engineering
A strategy in engineering is to ensure safe roads and facilities associated with road based transport. Aspects to be listed are: t n • Foot and cycle paths, road crossings, etc. en
nance • Roads, bridges and tunnels Stakeholders
rcem Programmes
Role Players Etc. ver • Intersections and traffic lights Projects Educatio Intervension Go Engineering En fo • Sign posting and road markings • Adequate and attractive NMT facilities around PT nodes • Safe NMT infrastructure, e.g. avoiding cluttering of sidewalks and provision of dedicated cycle lanes Local Government • Traffic calming at PT facilities Provincial Government • Providing “safety by design” at all facilities (i.e. lighting, fencing, etc.) National Government
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Chapter 15 final.indd 5 2015/04/17 12:15:19 PM Another strategy is to focus on creating safe rail infrastructure and operations. Aspects to • Operating CCTV and security monitoring systems at all facilities and in vehicles be listed are: operating on Strategic Networks
• Lines, bridges, tunnels and road crossings • Providing law enforcement offices • Power • Penalising operators for security incidents as part of the operating contracts with • Signals the City. • Stations
• Rolling stock 15.2.5.3 Education Aspects relating to effective and efficient emergency services are to be addressed. Aspects to be listed are: Strategies in this pillar are to focus on educating members of the public, service providers/ operators and authorities. Taxi, bus and train drivers with their representative organisations • Medical are to be targeted from the service providers. • Fire • Policing Programmes to be identified include: • Forensic pathology • Driver training • Site clearing • Safety awareness. • Information capturing
• Investigations 15.2.5.4 Governance • Bomb disposal
• Incident management In this pillar strategies are to be identified, aiming at ensuring proper operation and management, and creating an enabling environment. Aspects to be listed include: 15.2.5.2 Enforcement • Devise, motivate and implement new standards and laws (regulations and by-laws) • Enforce existing laws Strategies in this pillar are to focus on ensuring compliance by members of the public, • Co-ordination of overall strategy service providers/operators and authorities. Members of the public include pedestrians, • Co-ordination of operations cyclists and passengers of taxis, buses and trains. Aspects to be considered for service are • Performance management that providers/ operators are licensed (driver, operator and vehicle), roadworthiness and • Establish safety and security forums driver behaviour. Authorities include testing and licensing, safety educators, infrastructure • Requiring operators to monitor driver habits and performance providers and emergency services. • Establishing a central, integrated database for research, planning and law enforcement.
Other aspects to be listed include: • General Enforcement Processes, including special investigations and prosecutions • Visible policing and stringent enforcement • Naming and shaming repeat offenders • Implementing driver and operator demerit systems
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Chapter 15 final.indd 6 2015/04/17 12:15:19 PM 15.2.6 CONCLUSIONS 15.2.7 REFERENCES
A framework for public transport safety and security is suggested in this document, providing an The following is a list of best practices and references that were consulted in compiling this proposed overarching policy approach. Current issues to be dealt with in meeting the objectives were identified. framework: A number of role players and stakeholders were involved and information was shared in a number • National Road Traffic Act 93 of 1996 of workshops. The framework is supported by pillars for Engineering, Enforcement, Education and • Administrative Adjudication of Road Traffic Offences Act 46 of 1998 Governance. For each pillar various aspects were identified to be considered in developing strategies and programmes. • National Land Transport Act 5 of 2009 • Road Traffic Management Corporation Act 20 of 1999 It is suggested that this framework be considered in formulating strategies for the identified pillars. The • Western Cape Safety and Compliance Strategy strategies should be coordinated on the relevant levels of operation, dealing with the relevant level of • City Of Cape Town Public Transport Safety and Security Strategy and Implementation Programme detail. Programmes, projects and interventions for implementation must be forthcoming from these • Department of Transport: National Household Travel Survey strategies as soon as possible. • Department of Transport: The Road to Safety Strategy • PRASA: National Safety and Security Plan
• PRASA: Proposed Security Plan for Protection of Commuters and SARCC Assets • Unisa. Crime and Crime Prevention on Public Transport • Gauteng’s 25 Year Integrated Transport Master Plan Draft August 2013 • PRASA National Strategic Plan • National Development Plan 2030 • Tshwane Growth and Development Strategy 2055 • Green Paper on Safety and Security • City of Tshwane Disaster Management Plan • Fire Brigade Services Act 99 of 1987 • Hospitals Ordinance 14 of 1958 • ISO 31010 International Standard Risk Management – Risk Assessment • eThekwini Public Transport Plan • National Crime Prevention Strategy • City of Tshwane IRPTN Safety and Security Plan
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Chapter 15 final.indd 7 2015/04/17 12:15:19 PM Chapter 15 final.indd 8 2015/04/17 12:15:19 PM COMPREHENSIVE INTEGRATED TRANSPORT PLAN
CHAPTER 16 AVIATION
Chapter 16 final.indd 1 2015/04/17 02:08:48 PM CONTENTS INTRODUCTION 1 16.2 RELEVANT NATIONAL AND PROVINCIAL PLANS AND POLICIES 3 16.2.1 National Airport Development Plan, NADP 3 16.2.2 National Civil Aviation Plan, NCAP 4 16.2.3 Gauteng 25-year Integrated Transport Master Plan 4 16.2.4 National Transport Master Plan, NATMAP 2050 (2010) 5 16.3 WONDERBOOM AIRPORT STATUS QUO AND DEVELOPMENT PLANS 6 16.3.1 Wonderboom Airport Development Plan 6 16.3.2 City of Tshwane Integrated Transport Plan (2006-2011) 7 16.3.3 Transport Policy Framework for the City of Tshwane 8 16.4 OVERVIEW OF COT AIRPORTS STATUS QUO 8 16.4.1 Air Force Base Waterkloof 8 16.4.2 Air Force Base Swartkop 8 16.4.3 Boschkop (Kitty Hawk Aero Estate) 8 16.4.4 Freeway Airfield 9 16.4.5 Unlicensed/Unregistered Landing Strips 9 16.5 OTHER MAJOR AIRPORTS IN GAUTENG 9 16.5.1 OR Tambo International Airport, ORTIA 9 16.5.2 Lanseria International Airport 10 16.5.3 Grand Central Airport 11 16.5.4 Rand Airport 11 16.6 AIRPORT CITY CONCEPT 11 16.7 WONDERBOOM AIRPORT - CONSTRAINTS AND CHALLENGES 15 16.8 COT AIRPORT DEVELOPMENT STRATEGY OVERVIEW 16
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Chapter 16 final.indd 2 2015/04/17 02:08:51 PM CHAPTER 16 AVIATION
INTRODUCTION
In compiling this section of the report, meetings and discussions were held with officials from various authorities and airport management bodies having an interest in airport development and operation in the area. Views of these many persons were canvassed in order to acquire a cross section of views on the issues involved. The bodies consulted included:
• City of Tshwane Metropolitan Municipality (CoT); • Civil Aviation Authority (CAA), and • Wonderboom Airport Management.
The CoT has direct control over the Wonderboom Airport, whilst all other airports within the municipality are owned either by National Government or privately. Therefore, the focus of the CoT Airport Development Strategy will be Wonderboom Airport.
It can be seen from the list below that there is a large number of unlicensed/unregistered airfields in the area. It is interesting to note that there is no legal requirement at present to register airfields with the South African Civil Aviation Authority (SACAA). Therefore, it is possible, although unlikely, that there could be unidentified airfields (other than those listed below) in the area. It is also not always necessary to file a flight plan with ATNS and a simple radio call to the relevant tower controller is all that is required prior to a flight being made. This situation can give rise to the possibility for illegal cross border operations via these unlicensed/unregistered airfields.
The airports and airfields within CoT range in size and function from one regional airport (Wonderboom Airport), to military airports and a number of very small private and unregistered airfields.
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Chapter 16 final.indd 1 2015/04/17 02:08:54 PM The various airports and airfields that have been identified in CoT are listed below in Table 16.1 for ease of reference. Figure 16.1: Location of Airports in CoT Table 16.1: Summary of Airports in CoT
ICAO No Name Owner Description name
1 Wonderboom Airport CoT FAWB Domestic GA airport
2 Waterkloof Military RSA FAWK Military Air Force Base Air Force Base
Swartkop Military RSA FASK Unlicensed Military 3 Air Force Base Air Force Base, Airport Museum
Boschkop Aerodrome Private FAKT Small airstrip, only 4 (Kitty Hawk) GA with hangars for small private aircraft
Freeway Airfield Private FAFW Small private 5 grassed airstrip, no hangers provided
Haakdoornboom Airfield Private - Small private 6 grassed airstrip, no hangers provided
7 Ingwe Private - No longer in use - 8 Eagle’s Creek Runway Private Very small airfield suitable for microlights - 9 Aero 57 Private Very small unregistered private airfield - 10 Silverton Model Flying Club Private Very small airfield suitable for microlights
All of these airfields and their relationship to the existing road system in the CoT area are shown on Figure 16.1. They are also shown on Figure 16.2, which is an extract from the Johannesburg Special Areas map, which also shows the controlled airspace for each of the major airports in the area. The airports/airfields and their plans are described in Section 16.2.
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Chapter 16 final.indd 2 2015/04/17 02:08:54 PM Figure 16.2: Johannesburg Special Rules Area Map (SACAA, CoT boundary overlaid in green) 16.2 RELEVANT NATIONAL AND PROVINCIAL PLANS AND POLICIES
The following National and Provincial Planning and Policy documents have been consulted to provide relevant background information to ensure that the airport development strategy for CoT in line with higher level planning.
• National Airport Development Plan, NADP (2008 – Draft), • National Civil Aviation Plan, NCAP (2013 – draft) • Gauteng 25-year Integrated Transport Master Plan (2012 – Final), and • National Transport Master Plan 2050, NATMAP (DoT, 2010),
16.2.1 National Airport Development Plan, NADP
The focus of the draft NADP is to provide a framework from which all airport development should follow based on the airport category, viability of proposed future developments and funding requirements in accordance with national economic growth models and air space control measures.
The document proposes an airport category scale from Tier A-G (Hub – Dual Purpose/Core Use airports). Each category is linked to a set of distinguishing characteristics covering general usage, infrastructure standards, safety and security compliance, access and connectivity, ownership and economic impact.
The table below is a summary of the criteria for each airport Tier. Wonderboom Airport may be considered a small airport based on its international status and average annual passenger numbers and could easily transition into the medium airport category with the acquisition of an international license and minor extensions to the runway to
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Chapter 16 final.indd 3 2015/04/17 02:08:55 PM accommodate larger aircraft for scheduled domestic and regional (SADC) flights with a potential to • The Yamoussoukro Decision promotes the liberalisation of access to the air transport markets reach large airport status. An Airport City strategy will further enable the growth of this airport through in Africa through cross border cooperation between Airlines and flexible immigration control to increased aviation related economic activity in the vicinity of the airport. facilitate easy transfers across the continent.
Table 16.2: Summary of NADP proposed airport categorisation • The ICAO provides all airport designers, owners, and operator as well as aviation regulators across the globe with a set of best practice standards and recommends for international aviation Category Tier Facilities Examples name compliance.
A Hub Extensive passenger terminal, automated baggage ORTIA • The Chicago Convention was adopted and signed by 26 nations agreeing on certain principles handling, parking, retail, tourist information and arrangements in order that international civil aviation may be developed in a safe and orderly facilities and extensive freight handling facilities. manner and that international air transport services may be established on the basis of equality > 4.5 Million Annual Passengers (MAP) of opportunity and operated soundly and economically. B Large Airport Passenger terminal, automated baggage handling, CTIA, KSIA This documents outlines the way in which airports should be planned for the greater good of the country parking, retail, tourist information facilities and and which documents should be referenced when doing so. extensive freight handling facilities. 4.5 MAP > 500,000 passengers per annum (ppa) Specific mention is made of air space control and necessity for better control of airspace as well as C Medium Airport Simpler passenger terminal (potentially single- Port Elizabeth, environmental impact of airports. Noise impacts on the general public to be kept to a minimum with Lanseria storey), parking and basic freight handling restrictions placed on airport expansion with negative effects on the community and on the use of facilities. 500, 000 ppa > 20, 000 ppa Chapter 2 type aircraft. The policy also states that Land Use planning and approvals must ensure D Small Airport Simpler passenger terminal (potentially Wonderboom, that developments that have the potential to impede the growth of an airport should be limited, whilst single-storey), parking and basic freight KMIA, Polokwane developments that stimulate future economic growth be encouraged in light of the Airport City concept. handling facilities. 20,000 ppa > Int’l Airport Refer to the South African Civil Aviation Authorities website for more information (www.caa.co.za). E Remote Access Ablutions, waiting area The Airport City concept refers to the use of land surrounding the immediate vicinity of the Airport for / Public Access Potentially also clinic. Passenger numbers N/A activities that that directly support the aviation industry and in turn are supported by the aviation industry. F Private Access NA These activities are not restricted to aeronautical facilities but also non-aeronautical commercial facilities G Dual Purpose Simpler passenger terminal, parking. that provide additional revenue streams to the aviation sector. The airport city concept consists of a / Core Use Passenger numbers N/A number of logically combined elements that reinforce each other.
16.2.2 National Civil Aviation Plan, NCAP 16.2.3 Gauteng 25-year Integrated Transport Master Plan
The NCAP is a regulatory document that specifies the legislative requirements for licensed aerodromes The Gauteng 25-year Integrated Transport Master Plan provides the provinces strategy toward the within South Africa. The policy serves to encourage inter-continental air traffic movement in support of development of all transportation modes. A brief outline of the issues covered in the document regarding the Yamoussoukro Decision and to comply with international standards and regulations such as the some of the provinces airports. international Civil Aviation Organisation (ICAO) and the Chicago Convention.
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Chapter 16 final.indd 4 2015/04/17 02:08:55 PM OR Tambo International Airport is noted as being the busiest airport on the continent handling in the The following items were identified as crucial to realise Wonderboom’s potential: order of 20 million annual passengers with ultimate capacity of 55 million annual passengers. The airport • Lengthening of the runway to accommodate Code C aircraft with financially feasible load factors is expected to reach the ultimate capacity in 2037 at which point the following alternatives have been for scheduled flights identified to address the shortfall in capacity: • Improving accessibility to the airport with intersection upgrades from the Platinum Toll Highway • Identify a reservation of land to construct a second major intercontinental airport. (The Gauteng (N4). Provincial Government has addressed this in the 5 year plan through the commissioning of a study to determine the necessity for a second large airport in the province and if necessary • Acquisition of International Status selection of a second site.) In particular the documents makes a recommendation at the end of the study that prior to the • The development of City Airports to supplement OR Tambo International Airport development or expansion of any airport, the South African Air Traffic and Navigation Services (ATNS) should be commissioned to analyse the impact of such an airport on the existing airport infrastructure in • Restrictions on the minimum aircraft size using OR Tambo International Airport through a tiered the Gauteng Province and no future expansions should be allowed at any airport irrespective of the size pricing model to incentivise smaller aircraft to use the other airports in the province. of aircraft, or unmanned air vehicles (UAV’s) to be accommodated, without ATNS’s approval. Within the document it is indicated that more than ninety percent (90%) of all air cargo transported in South Africa is done so in the bellies of passenger aircraft and therefore recommends that development 16.2.4 National Transport Master Plan, NATMAP 2050 (2010) of a dedicated freight airport not be considered by the Gauteng Provincial Government.
It was also noted that the role of Lanseria International Airport since the granting of its international status According to the National Transport Master Plan 2050 (DoT, NATMAP, 2010), it was indicated that the air has changed with it filling more of a supportive role to ORTIA accommodating more scheduled flights transport sector reflected one of the most positive images of all transport modes in SouthAfrica. to other destinations in South Africa. As a result, there now exists a need for other airports in Gauteng It was also noted that Wonderboom Airport is the third busiest airports in South Africa, in terms of to provide services for corporate aviation as well as aircraft maintenance organizations (AMO’s). In this air traffic moments serving general aviation, charter operators and flying schools predominantly. regard additional airports need to be designated in Gauteng as entry points to the Country. Recommendations were also made regarding extensions to smaller airports and new international
The report goes on to consider the role that Wonderboom Airport may play in the Gauteng Aviation airports that these should be integrated into the National and Provincial plans for the accommodation of market with the introduction of scheduled flights within the golden triangle (Gauteng to Durban and estimated future air traffic that cannot be facilitated by the existing infrastructure and planned upgrades. Gauteng to Cape Town) and in Southern Africa with flight sectors up to Nairobi and Luanda, provided The NATMAP emphasised their strategy for the implementation of ‘Model Transfer Facilities’ located it can be designated as an international airport. Furthermore, a number of the Aircraft Maintenance provincially at major nodes connecting multiple transport modes and routes. A further recommendation Operators (AMO) and a portion of the general aviation market, currently being served by Lanseria will for the funding of mega transport projects relevant to the NATMAP 2050 owned by Government, is to most probably relocate to Wonderboom. consider concessioning to the private sector with the expectation that the private sector upgrade and operate the facilities for a predetermined period of time such to recover their investment with the caveat that government ensure accessibility fro all and that the investments facilitate economic growth.
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Chapter 16 final.indd 5 2015/04/17 02:08:55 PM 16.3 WONDERBOOM AIRPORT STATUS QUO AND Since the Development Plan was completed in 2004, the Infrastructure Investment and Maintenance DEVELOPMENT PLANS Program was developed in 2005 to guide the phasing of implementation of said Development Plan. Further, the EIA was completed and conditionally approved in 2007. An application for International Wonderboom Airport is owned by CoT. Licensing was lodged in 2012 with the outcome still pending.
The physical characteristics of the airport are as follows: It is clear that this plan accommodates larger aircraft and more General Aviation traffic, facilitated by the • Airport codes: FAWB; following:
• Type: Domestic airport (general aviation); • lengthening the runway by a minimum of 600 m to serve Africa south of the equator, with aircraft • Runways at Wonderboom Airport: such as a Boeing 737-800; • 11L/29R – (1,825 x 30 m) — paved — lighted; and • enabling the introduction of scheduled domestic flights; • 06L/24R – (1,280 x 22 m) — paved • constructing additional aircraft parking aprons and hangers; The following planning documents have been developed for Wonderboom: • providing instrument landing facilities; • Wonderboom Airport Development Plan (2004), • improving the access control and security; • CoT Intergrated Transport Plan (2006-2011) • upgrading the internal road, storm water, sewerage, water and electricity networks; • Transport Policy Framework for the CoT (2008) • upgrading the access from the N4 at the new Lavender Road interchange; and
Located in the north of Tshwane, Wonderboom Airport is a domestic municipal owned airport which • establishing a second access point to provide separate entrances for tenants and passengers, handles mainly general aviation and charter flight operations. Although it did initiate scheduled • expanding and revamping the terminal buildings and parking facilities, commercial flights in 2010 between Wonderboom and Cape Town, the commercial airline suspended • identification of key commercial and industrial zones adjacent to the airport to facilitate economic flights after a short few months of operations due to bankruptcy. growth in the area (potential Airport Maintenance Operators, Research & Development facilities,
Wonderboom Airport continues to operate as a general aviation airport. Plans are in place to extend Healthcare facilities for specialised isolation). the runway and improve compliance requirements for both domestic and international chartered and scheduled flights.
16.3.1 Wonderboom Airport Development Plan
The Wonderboom Airport Development Plan (2004) focuses on the immediate upgrades required to accommodate domestic scheduled flights and private chartered domestic and international flights. The Development plan takes into account the airport expansion required to stimulate the local economy by complimenting the developments planned in the vicinity of the airport.
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Chapter 16 final.indd 6 2015/04/17 02:08:56 PM Figure 16.3 illustrates the October 2004 Wonderboom Airport Development Plan
Figure 16.3: Wonderboom Airport Development Plan (source Tshepega, 2004)
16.3.2 City of Tshwane Integrated Transport Plan (2006-2011)
The strategy for the Wonderboom Airport published in the City of Tshwane Integrated Transport Plan outlines the City’s intention to develop the airport for scheduled domestic flights as well international flights serving the SADC region.
The report provides findings of studies commissioned by CoT to establish the need for a third international airport in Gauteng and viability of international status for the Wonderboom Airport. The additional international airport in Gauteng will assist ORTIA and Lanseria in peak periods and the independence
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Chapter 16 final.indd 7 2015/04/17 02:08:56 PM of its airspace from that of ORTIA and Lanseria further improves its suitability for international status. 16.4.1 Air Force Base Waterkloof
The CoT Integrated Transport Plan also listed the following economic benefits to the CoT and Gauteng Air Force Base Waterkloof is an airbase of the South African Air Force. It is situated on the outskirts of that can be expected to follow the international licensing of the airport: Pretoria, and is the SAAF’s busiest airbase, and has recently had its runways and terminal upgraded.
• New business sales of between R0.5billion and R1.3billion; Although it can handle large aircraft, it is a military air force base, and hence is not used for civilian or • New direct and indirect permanent employment of 5,000 – 11,000; commercial flight operations. The role of Waterkloof Air Force Base is to provide military air transport and • New salaries and wages of between R0.47billion and R1.1billion other unique services in the interest of the South African Air Force with the various units and squadrons • An increase in the GDP of between R0.3billion and R1.0billion; playing a supportive role in maintaining this task. It is also often used for official government use and • An increase in economic growth rates of Wonderboom, Tshwane and Gauteng; and Heads of State, and hosts an annual air show. There is no similar air force base in EMM. • An increase in RSC levies income of between R2.5million and 6.5million Only Military related development is supported in the vicinity of the Air force base. Commercialization of the airport will not be feasible since the underlying geotechnical condition (presence of Dolomite) is 16.3.3 Transport Policy Framework for the City of Tshwane not conducive for this application. Furthermore the resistance from the existing residential stakeholders regarding expansion of the airport and the subsequent increase of airport related noise pollution will be The following Policy relevant to the Aviation Sector and Wonderboom Airport in particular where noted a challenge to overcome during the EIA process. in this report:
• ‘Air transport is recognised as an important mode of transport, and will be taken into account 16.4.2 Air Force Base Swartkop in future transport planning. Ensure that real economic conditions are taken into account with regard to the possible expansion/moving of Wonderboom Airport.’ The Air Force Base Swartkop is no longer licensed and currently serves as a military museum and hosts
• ‘Aligning land-use planning with transport planning and objectives. various Air Shows. Any flights in or out are coordinated with the Waterkloof control tower since the two airports are located some 7km apart with overlapping flight paths. There are no plans for expansion or Ensuring communications between affected departments within the Tshwane Metropolis to licensing of the airport. ensure integration of activities and planning. This communication is essential to ensure that
prioritisation by one department is communicated to others which may be affected by such 16.4.3 Boschkop (Kitty Hawk Aero Estate) infrastructure supply.’
The report futher lists the decisions taken by the CoT, those of which pertaining directly to aviation are: The Kitty Hawk Airstrip is privately owned and operated, located near Tierpoort. The airstrip is registered with the CAA as a non-instrument Code 1 paved runway. There are no plans for expansion as present • ‘The development of a freight logistics hub towards the north of the CoT will be continued.’ and any future plans must be coordinated with the CoT, ATNS and the CAA. • ‘The role of Wonderboom Airport will receive specific impetus to attract flights to and from this destination, thus seeking to make the CoT a port of entry for international and local charter 16.4.4 Freeway Airfield flights.’
16.4 OVERVIEW OF COT AIRPORTS STATUS QUO
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Chapter 16 final.indd 8 2015/04/17 02:08:56 PM The Freeway Airstrip is privately owned and operated, located near Hammanskraal. The airstrip is Fields development being approximately 5 to 6 years up to 20 years) it is important that conceptual registered with the CAA as a non-instrument Code 3 grassed runway. There are no plans for expansion planning for such a development commence in the very near future. as present and any future plans must be coordinated with the CoT, ATNS and the CAA. A brief description of the other airports is discussed below, and although they are not discussed in detail, they provided context in terms of the size and nature of the airports, in comparison with existing airports 16.4.5 Unlicensed/Unregistered Landing Strips in CoT.
In desktop study of the CoT extent, a number of unlicensed/unregistered landing strips were identified. At present the licensing and registration of an airfield in South Africa is a voluntary process, hence many 16.5.1 OR Tambo International Airport, ORTIA privately owned landing strips are developed throughout the country without approval form the Aviation OR Tambo International Airport (ORTIA) is the largest airport in South Africa and is located in Kempton regulatory bodies. The CAA is currently in the process of licensing and registering all airports in the Park, Ekurhuleni, Gauteng. The airport facilitates domestic and international flights to all destinations country in an effort to achieve safer air space conditions as the aviation industry grows and the airspace in South Africa and World Wide. The airport is owned and operated by Airports Company South Africa becomes progressively congested. (ACSA). The airport falls with the Ekurhuleni Metropolitan Municipality (EMM) jurisdiction and thus all The following unlicensed/unregistered airfields were identified, however this list not exhaustive as there town-planning surrounding the airport is undertaken by the EMM. An Aerotropolis strategy has been may be a number of unknown airstrips within the CoT, as advised by the CAA: adopted with the EMM and Gauteng Province to facilitate economic growth in the area. Upgrades to • Haakdoornboom Airfield the airport infrastructure and accessibility with the introduction of a Gautrain Station at the airport have made significant improvements to the functionality of the Airport Hub. • Ingwe Airfield • Eagle’s Creek Runway Approximately twenty percent of all ORTIA passengers originate from the CoT area (Source: • Aero 57 Transportation Policy Framework for the City of Tshwane). Access from CoT is currently facilitated via the R21 and the Gautrain via the Malboro Station (A direct route from Tshwane to the Airport is envisaged • Silverton Model Flying Club for the future). The Aerotropolis is also likely to impact positively on the CoT economy given the close proximity of the CoT and envisaged development corridor along R21. 16.5 OTHER MAJOR AIRPORTS IN GAUTENG The ORTIA Master Plan (ACSA, 2006) has taken into account the growth of passenger demand and In formulating an airport strategy, it is also worthwhile taking into consideration the other larger airports infrastructure development to an ultimate capacity of approximately 55 million annual passengers in Gauteng that compete for air traffic (and airspace) with those airports and airfields in the province. (55MAP) from its current capacity of approximately 28 million annual passengers (28MAP). Through the Airports Company of South Africa (ACSA), ORTIA has a highly organised planning strategy and a team It is beneficial to take into consideration the other larger in Gauteng that compete for airspace with those of dedicated personnel to keep the plan updated. in the CoT whilst formulating the Airport Development Strategy. The anticipated ultimate development includes a midfield passenger terminal building, a midfield cargo In particular, of interest to note is that one of the outcomes from NATMAP is that before 2050 Gauteng’s precinct, two additional new runways, and an aircraft/airline maintenance facility located in the current largest airport (ORTIA) will have insufficient capacity to cater for the air transportation demands of Denel area, as indicated in Figure 16.4. the region, and that alternative strategies for a second major international airport would need to be considered for Gauteng.
As the planning and construction of airport infrastructure can take several years (minimum for a Green- Figure 16.4: ORTIA Airport Master Plan (source ACSA, 2006)
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Chapter 16 final.indd 9 2015/04/17 02:08:56 PM 16.5.2 Lanseria International Airport Located north-west of Johannesburg, Lanseria International Airport is a privately owned domestic and regional international airport and has a well- defined airspace in the Johannesburg Special Rules Area.
The airport is mostly used by general aviation and private charter companies who have their hangars at Lanseria and fly locally and regionally as an alternative to flying from ORTIA. It is also used for scheduled commercial flights, and is popular with the low cost airlines, who fly point-to-point domestically predominantly between Johannesburg, Cape Town and Durban.
It is unlikely that Lanseria will ever compete, or in fact has intentions to compete, with the long-haul international hub status of ORTIA. This is due to the longer runway and associated space for apron and taxiway infrastructure that would be required, which are currently restricted by space availability due to surrounding roads and properties.
Nevertheless, Lanseria does have good domestic traffic growth, and also has a good catchment area that appeals to the north and western parts of Gauteng. The current growth of the airport is matched by expansion plans for Lanseria International Airport and associated surrounding commercial developments.
This would certainly mean that another airport of similar size to Lanseria International Airport in close proximity, to rival this size airport would not make strategic sense. However, in discussion with Rand Airport Management, it was indicated that due to the continued growth of Lanseria International And 16 10
Chapter 16 final.indd 10 2015/04/17 02:08:56 PM Airport with respect to scheduled domestic flights, General Aviation (GA) operators, currently operating of airport related activities such as warehousing and cold storage facilities to accommodate perishable out of Lanseria International Airport, may prefer to relocate to Rand Airport. At the Rand Airport, the GA cargoes. In addition to the airport’s own land, there are a further 50 hectares of developable land adjacent Operators would not have to compete with scheduled operators who will take preference in terms of to the airport, which is zoned for warehousing type uses. In the light of this and its proximity to City specified slots for arrivals and departures. Deep freight terminal, the airport sees itself as becoming a regional freight and passenger hub. Traffic expansion is expected with the land development, but, like Wonderboom, the major success of these 16.5.3 Grand Central Airport plans will depend largely on being able to get a SADC Regional Operating licence with a re-introduction of customs and immigration facilities.
Grand Central Airport is a small privately owned airport located in Midrand between Johannesburg and It is inevitable that if these development plans come to fruition, the flying clubs and small general aviation Centurion, and is the base of numerous flying schools for both fixed-wing aircraft and helicopters, and operators will be forced away because of the cost of operating from this airport. mainly used by general aviation light aircraft. With the airspace restrictions of Rand Airport, and the dependency and proximity of this airspace on It offers similar facilities to Rand Airport and has a terminal building and provides maintenance and ORTIA’s airspace, it is not anticipated that regular scheduled flights will ever be implemented at Rand repair facilities for light aircraft. It can be considered as very similar in size and operations as Rand Airport. Airport, and is certainly better equipped than both Springs and Brakpan airfields.
16.5.4 Rand Airport 16.6 AIRPORT CITY CONCEPT
Rand Airport is 20% owned by EMM and 80% privately owned. It is situated in Germiston in the northeast One of the main aviation strategies that emerged in consultation with the aviation stakeholders in CoT is quadrant of the junction of the N3 and N17 highways. the development of an Airport City, based around Wonderboom Airport. The Airport City concept is being driven by CoT’s Transport Planning Development. Rand Airport undertook a Master Plan update in 2008, which was more a technical capacity analysis of the airside facilities. In particular, with reference to airside capacity improvements, the following were According to the Wonderboom Airport Development Plan and the preceding City of Tshwane Integrated recommended: Transport Plan (2006-2011), there are a number of key positive drivers that make it very possible for an Airport City to be established around Wonderboom Airport: • Widening of RWY 11-29 to 30 m; • Wonderboom Airport Airspace is independent of ORTIA with good potential for connectivity • Widening of the parallel and link taxiways to RWY 11-29 to 15 m; nationally and globally; • Lengthening of RWY 11-29 by 200m and possible provision of displaced threshold at the 29 • Good proximity to major highways and rail network; approach to comply with ICAO Annex 14; • Pipeline of developments geared for economic stimulus such as the Rainbow Junction Township • Provision of edge and end strips and all obstacle limitation surfaces to both runways in accordance Development to the south and the Transet Super Freight hub in Pyramid to the north with ICAO Annex 14 for Aerodrome Reference Code ARC 3C. A publication by Cr Gary Junwirth and Brett Luxford, Airport Cities-The Evolution, provided as an In addition, the 2008 report took a view to implement various property development options on the Annexure to this report provides some insight to other Airport Cities of varying complexities as case airport property. These property developments are an update of the proposals for the establishment of studies for the development of an Airport City at the privately operated Melbourne Airport in Australia in township developments in 2002. cooperation with the Hume City Council in which the Airport is located. The document offers the CoT a The airport’s owners are planning to sell off surplus ground as subdivided erven for the development
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Chapter 16 final.indd 11 2015/04/17 02:08:56 PM starting point for the implementation of this concept This high concentration is indicative of a well-established economy capable of supporting sustainable growth along the economic corridor towards the north as shown at Wonderboom Airport.
Whilst the Airport City Concept is focused on Development of Business on Airport land, the Airport City footprint may extend to property in the vicinity of the airport as it integrates with the surrounded developments.
This is further supported by the high concentration of economic activity in Tshwane illustrated in Figure 16.5.
Figure 16.5: Gauteng Economic Activity Areas (source Gauteng Spatial Development Perspective 2007)
in Figure 16.6.
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Chapter 16 final.indd 12 2015/04/17 02:08:57 PM Figure 16.6: Gauteng Economic Corridors (source ITMP25 – 5-year Transportation Implementation Plan – Final 2012) Key development initiatives that complement the Airport City concept at Wonderboom Airport that have been approved by the relevant National and local goverment are:
1. Rainbow Junction – this is a mixed use residential, commercial and recreational development that will become a local tourist attraction and source for job creation in the area. The planned upgrades to the road network for access to the new development will have positive impact on the airport’s accessibility
2. Pyramid Super Freight hub – this is a mixed modal transport freight hub that will stimulate the development of manufacturing plants and the vicinity. Also, a fuel and gas distribution plant is likely to be established near the hub which could better serve the airport as well.
These initiatives relative to the Wonderboom Airport are shown in Figure 16.7. The proximity of these to the airport will serve as catalysts for realisation of an Airport City in Tshwane.
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Chapter 16 final.indd 13 2015/04/17 02:08:57 PM Figure 16.7: Gauteng Economic Corridors (source: Wonderboom Development Plan 2004) There are also a number of other initiatives including infrastructure upgrade projects by CoT, and other private industrial, Research and Development, commercial, residential and leisure developments that complement the above list.
The key to optimising the benefit of the Airport City concept is to make sure Airport City Planning is undertaken in an organised, economically efficient, attractive and sustainable manner. A dedicated planning committee should be established with strong links to local and national government. The role of this planning committee would be to develop an Airport City Masterplan and package key projects to get the most economic benefit from the onset. This in line with the FAA’s guidelines on Land Use Planning and Airports. This document provides strategic tools for efficient land use planning aimed at achieving the optimal economic benefit for the Airport and its surroundings.
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Chapter 16 final.indd 14 2015/04/17 02:08:58 PM 16.7 WONDERBOOM AIRPORT Figure 16.8: CoT Obstacle Limitation Surface (OLS) Plan CONSTRAINTS AND CHALLENGES
There are, also challenges that are faced, namely that: • Planning for the Airport Precinct and surrounding areas is not well integrated
• The immediate area adjacent to the airport is primarily residential and military; • The airport development plan is currently ten years old, and • The airport has not been a priority for CoT in the past and this has resulted in a number of compliance related project being delayed which could have a negative effect on the future of the airport and its viability.
A preliminary layout of the Obstacle Limitation surfaces for all registered airports within the CoT, Figure 16.8 CoT OLS Plan, has been commissioned as part of this strategy document to illustrate the areas surrounding the airports that require height restrictions for air space safety compliance. The CoT should undertake to have detailed Object Limitation Surface (OLS) Diagrams prepared for each licensed/registered airport within its jurisdiction and incorporate this information into the Town Planning GIS system as a planning tool for future use. The OLS Diagrams should be developed for ultimate development of each airport. These should be updated every 5 years in line with the CoT Integrated Transportation Plan.
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Chapter 16 final.indd 15 2015/04/17 02:08:58 PM 16.8 COT AIRPORT DEVELOPMENT STRATEGY OVERVIEW D. Identify and coordinate the implementation of key projects for optimal local and national economic benefit; The provision and utilisation of aviation facilities in the CoT are based on the following strategies E. Implement interactive coordination between Aviation and Town aligned with the preceding CITP (2006-2011) and taking recent economic developments in the aviation Planning departments to ensure the right developments are environment into account: approved for the best economic and social outcomes; STRATEGY 1 – Position Wonderboom airport as an important development node and develop the airport to its maximum potential providing all infrastructure required for scheduled domestic and regional international traffic (passenger and cargo). The following STRATEGY 3 – Monitor and implement control measures for the management of should be achieved at the outset: environmental, in particular the noise impact, of air transport in the metropolitan area A. Satisfy all Legal and Compliance requirements for the licensing of Wonderboom Airport;
B. Commence implementation of Development Plan in accordance with the EIA STRATEGY 4 – Regulate smaller aerodromes/airstrips to improve airspace requirements; management and safety;
C. Advocate for the international status of Wonderboom Airport as a key economic driver for job creation and social upliftment within CoT as well as a mechanism to STRATEGY 5 – Keep abreast of the Gauteng Government’s intentions regarding improve South Africa’s commitment to the YD open skies policy and better regional the second large airport in the province and in particular the connectivity; potential location of the second site ; D. Appoint a transaction adviser to facilitate concessioning to the private sector of the business operation of the airport for a period of time with the premise of curtained upgrades to the facility funded by the private sector, (the ownership of the Airport STRATEGY 6 – Develop the Waterkloof Air Force Base within the Military context; should remain with the CoT);
STRATEGY 7 – Maintain Zwartkops Air Force Base as a national Museum; STRATEGY 2 – Establish an Airport City Planning Committee with a clear mandate to:
A. Develop a long-term Master Plan for Wonderboom airport based on realistic
development potential of the site and projection of traffic demand;
B. Develop an Airport City Master Plan around the CoT’s major airport, Wonderboom Airport);
C. Include the compliance with the CoT OLS Surfaces in the planning approval of all new and future planned developments in CoT;
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Chapter 16 final.indd 16 2015/04/17 02:08:58 PM COMPREHENSIVE INTEGRATED TRANSPORT PLAN
CHAPTER 17 INSTITUTIONAL FRAMEWORK
Chapter 17 final.indd 1 2015/04/17 12:32:28 PM CONTENTS INTRODUCTION 1 17.1.1. BACKGROUND 1 17. 1.2. DOT’S CITP MINIMUM REQUIREMENTS 1 17. 1.3. CO-OPERATIVE GOVERNMENT 2 17. 1.4. ASSIGNMENT OF FUNCTIONS 2 17. 1.5. SCOPE OF REPORT 2 17.2. CURRENT INTERNAL INSTITUTIONAL STRUCTURES IN CITY OF TSHWANE DEALING WITH TRANSPORT 3 17. 2.1. DEPARTMENT OF TRANSPORT 5 17.3. CURRENT EXTERNAL INSTITUTIONAL STRUCTURES IN TSHWANE DEALING WITH TRANSPORT 7 17. 3.1. LIST OF STAKEHOLDERS WITH WHOM THE CITY MUST INTERACT 7 17. 3.2. GOVERNMENT STRUCTURES (ORGANS OF STATE) 7 17. 3.3. PRIVATE SECTOR TRANSPORT STRUCTURES 7 17. 3.4. PUBLIC TRANSPORT STRUCTURES 7 17. 3.5. CONSULTATIVE MECHANISMS AND CO-ORDINATING STRUCTURES 7 17.4 INSTITUTIONAL PLAN TO ESTABLISH A NETWORK AUTHORITY TO MANAGE THE PUBLIC TRANSPORT NETWORK 12 17. 4.1. IINTRODUCTION 17. 4.2. OPTIONS TO ESTABLISH THE NETWORK AUTHORITY 12 17. 4.3 REVIEW OF PUBLIC TRANSPORT MANAGEMENT IN VARIOUS CITIES 13 17.5. STRUCTURE TO MANAGE FREIGHT TRANSPORT 20 17.6. PROPOSED INSTITUTIONAL REFORM IN CITY OF TSHWANE 21 17.7. CONCLUSIONS AND RECOMMENDATIONS 23 17.8. LIST OF REFERENCES 24
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Chapter 17 final.indd 2 2015/04/17 12:32:28 PM CHAPTER 17 INSTITUTIONAL FRAMEWORK
17.1. INTRODUCTION
17.1.1. Background
This Chapter provides the Institutional Framework for the CITP 2013-2018 of City of Tshwane (CoT). The Institutional Framework addresses the Department of Transport’s CITP Minimum Requirements (DoT, 2007) as well as the Terms of Reference issued by the CoT for the CITP.
As background to the Institutional Framework, the DoT’s Minimum Requirements relating to institutional matters are given below, as well as aspects relating to co-operative government and the assignment of functions to the CoT according to the Constitution and the National Land Transport Act (NLTA, 2009). Finally, the scope of the Institutional Framework is provided.
17.1.2. DoT’s CITP Minimum Requirements
The DoT’s CITP Minimum Requirements list the following institutional aspects to be addressed:
• The particular institutional and organisational arrangements affecting the functioning of the particular planning authority should be described as well as the liaison and communication mechanisms available to co-ordinate the planning task with other responsibilities of the municipality and those of other stakeholders.
• Provide a description of the institutional and organisational set-up of public transport industry: Provide detail of companies and associations making up the bus, minibus-taxi and metered taxi industries in terms of:
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Chapter 17 final.indd 1 2015/04/17 12:32:29 PM o Name of company / association with provinces may be assigned to municipalities. The Constitution and section 11 of the NLTA allocate functions relating to land transport to the three spheres of government. o Fleet composition and sizes under its control
o Areas or corridors in which services are rendered The NLTA provides that the national sphere of government is responsible for the operating licensing function and for “acting as contracting authority for subsidised service contracts, interim contracts, • An institutional plan must be provided to establish the “network authority” to manage and regulate current tendered contracts and negotiated contracts concluded in terms of the Transition Act” . The the contracted and non-contracted network and its fare system (to be dealt with in Chapter 10: municipal sphere is responsible for concluding new contracts of that nature. The Minister may assign Other Transport Related Strategies); any function contemplated in section 11(1)(a) to a province or municipality subject to the Constitution • As part of the Operating License Strategy (OLS), law enforcement strategies must be described, and sections 9 and 10 of the Local Government: Municipal Systems Act 32 of 2000 (MSA). The purpose including institutional arrangements, the interrelationship with traffic law enforcement and the of the assignment is to achieve the objects of the Constitution and the objects of the NLTA, which strives setting of targets and measuring performance. to consolidate functions at the municipal level to correct the current fragmentation of functions.
Where a province is performing such a function on the date of commencement of the Act (8 December 17.1.3. Co-operative Government 2009), it must continue to do so unless the Minister assigns the function to a municipality. When a function is assigned to the City the full responsibility for the function is transferred on a permanent basis Chapter 3 of the Constitution provides for co-operative government. Section 41 provides that the three (as opposed to devolution, where the devolving authority may take back the function at any time). spheres of government must co-operate with one another in mutual trust and good faith in providing public transport solutions for the area of the City and avoid disputes where possible. This is also required by the Intergovernmental Relations Framework Act 13 of 2005 (IGRFA). Section 45 of the IGRFA 17.1.5. Scope of Report provides that no government or organ of state may institute court proceedings against another unless The Institutional Framework covers the following topics: certain procedures are followed. It also provides Guidelines for Intergovernmental Dispute Resolution and guidelines for agreements (called protocols) between them, as well as a pro forma agreement. • Current internal institutional structures in the City of Tshwane dealing with transport • Current external institutional structures in Tshwane dealing with transport Section 19 of the NLTA provides that where there are significant transport movements between municipalities, they may establish an inter-municipality forum in terms of the IGRFA or a multi-jurisdictional • Institutional plan to establish a network authority to manage the public transport network service utility in terms of the Systems Act. In the case of Gauteng Province, the GTC will be established o options to establish the network authority as a co-ordinating, as well as executive structure. o devolution of public transport operating licence and contracting functions (rail, bus, taxi) o review of public transport management in various cities Section 12(2) of the NLTA provides that one or more adjacent municipalities may agree on the joint exercise of their functions in terms of that Act or establish a municipal entity under the Municipal Systems • Structure to manage freight transport Act for that purpose. • Proposed institutional reform in the City of Tshwane • Conclusions and recommendations 17.1.4. Assignment of Functions
The Constitution and the NLTA provide that in certain circumstances functions that reside with the national government may be assigned to provinces or municipalities, and that functions that reside
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Chapter 17 final.indd 2 2015/04/17 12:32:29 PM 17.2. CURRENT INTERNAL INSTITUTIONAL STRUCTURES IN 17.2.1. Transport Department CITY OF TSHWANE DEALING WITH TRANSPORT According to the Transport Department’s business plan, the Department is responsible for the development of strategy, policy and programme for transport Infrastructure, planning, transport safety, public transport The City is a single legal entity and is structured into various departments. The following are relevant to and airport services. The Department’s responsibilities cover the whole chain of transportation fields, the CITP: from planning to implementation and maintenance of transport projects. Figure 17.1 illustrates the current (2014) City structure as well as the number of posts in each department The business plan states the following as functional components of the Department: and division. There are three Deputy City Managers and a Service Delivery Coordinator & Transformation Manager reporting to the City Manager. The Deputy City Manager (DCM) for the Infrastructure and • Improved storm water system Programme Management cluster is responsible for five departments, namely: • The Department provides a much improved public transport system • Service Infrastructure • Better accessibility to the City’s main work, leisure and shopping facilities • Transport • Shorter journey times from home to workplace • Housing and Human Settlement • Provision of roads and storm water system • Integrated Rapid Public Transport Network (IRPTN) • Major rehabilitation of roads and storm water systems • Strategic Support • Development of the comprehensive Integrated Transport Plan • Program Projects Portfolio Management • Planning and construction of Tshwane Bus Rapid Transit The City adopted an integrated regional structure, consisting of seven Regions – not shown in Figure • Management of Tshwane Bus Services operation 17.1. Each Region has a Regional Manager and all Regional Managers report to Service Delivery • Facilitation of job creation Coordinator & Transformation Manager in the Service Delivery Coordination Office. Regions focus on • Provision of public transport facilities and maintenance, and day-to-day operations within their regions. The City is currently placing more emphasis on the role of • Management of Tshwane Airport Services the Regions in order to support and strengthen the Regional structure.
The various Departments and Regions constitute the strategic delivery framework of the City. The City planning and Economic Development forms part of Strategy Development & Implementation cluster reporting to another DCM. This pose a challenge for integrated transport and land use planning, but there is a good working relationship between these departments.
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Chapter 17 final.indd 3 2015/04/17 12:32:29 PM FIGURE 17.1: ORGANOGRAM OF CITY OF TSHWANE TOP STRUCTURE (Note: number of posts in brackets)
OFFICE OF THE DEPUTY CITY MANAGER INFRASTRUCTURE AND PROGRAM MANAGEMENT (3113)
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Chapter 17 final.indd 4 2015/04/17 12:32:30 PM The Transport Department is led by a Strategic Executive Director. It has 5 divisions which are led by Some of the key strategic projects the division is involved in are: Executive Directors. The Transport Department has 1174 posts. The divisions making up the Transport • Liaison with public transport operators and other stakeholders, ensuring that the stakeholders Department are: are informed of the City strategic direction and projects. • Transport Operations (275 posts) • The development and management of public transport facilities • Transportation Planning (150 posts) • Transport Infrastructure Design, Construction and Maintenance (92 posts) • Tshwane Bus Services (542 posts) 17.2.1.3. Transport Infrastructure Design, Construction and Maintenance • Tshwane Airport Services (69 posts) This division is responsible for the planning, design, construction and maintenance of the roads and The following are key responsibilities of each division in Transport, as well as the IRPTN Specialised storm water infrastructure. The division provides a platform in fulfilling a key strategic objective of the Unit. Other divisions that provide supporting services, such as Metro Police and Emergency Services City i.e. “A growing economy that is inclusive, diversified and competitive”. are also discussed. Below are some of the key strategic projects the division is involved in:
• Construction of roads and storm water through the EPWP guidelines and processes 17.2.1.1. Transportation Planning • Upgrading of existing roads to acceptable standards This division is responsible for planning of transport system and infrastructure in the City. Any transport • Construction of new roads and storm water systems throughout the City project to be implemented by the City should go through this division. This division works closely with • Maintenance and rehabilitation of roads. other departments in the City e.g. Department of City Planning. Some of the strategic projects the division is involved in are: 17.2.1.4. Tshwane Bus Services • Development of the Comprehensive Integrated Transport Plan (CITP) This division is responsible for the acquisition of buses, operating buses and maintenance of buses. The • Development of Integrated Rapid Public Transport Network (IRPTN) systems, including division is supposed to operate buses on routes assigned by the Transport Planning division. Transport modelling of routes and operational systems planning plans the routes and services requirements and the Tshwane Bus Services operates the buses • Undertaking feasibility studies for transport projects planned for implementation in the future to meet the requirements of the planning division and the communities it serves.
• Undertaking research e.g. household surveys The plans and reports developed by the division are used by the other divisions for implementation of 17.2.1.5. Tshwane Airport Services transport projects This division is responsible for the management of airports in the City. There are number of airports in the City of Tshwane. Two Airports are operated by the Military: WaterKloof and Zwartkop Airports. There 17.2.1.2. Transport Operations: are a number of small airports owned and operated by private citizens.
Transport Operations is in the main responsible for the operation of public transport in the City. It is The main airport managed and operated by the City is Wonderboom Airport. One of the division’s involved in making sure public transport operates in line with the agreed plans and that all modes serve strategic objectives is to obtain an international licence that will allow the airport to operate international the commuters in line with the approved CITP and public transport plan. flights.
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Chapter 17 final.indd 5 2015/04/17 12:32:30 PM 17.2.1.6. Integrated Public Transport Network (Specialised Unit) 17.2.1.8. The Emergency Services Department
The Tshwane Bus Rapid Transit (A Re Yeng system) is being planned and implemented by the special This Department consists of the following Divisions: unit, led by an Executive Project Manager. The City took a decision to elevate the status of this division • Fire Brigade Services because of the importance of the IRPTN project to the City. It is for this reason that the division is at the • Emergency Medical Services same level as the Transport Department reporting directly to the DCM. • Disaster Management Centre (DMS) The IRPTN Unit consists of the following: • Specialist Task Force Services • Division: Tshwane Bus Rapid Transit Operations (70 posts) • Emergency Operational Call Centre and Technological Support • Division: TRT Project Planning & Implementation (22 posts) • Support and Administrative Division • Section: Project Administration (2 posts) The DMS is responsible for the functions of the City in terms of disaster management under the Disaster The division’s responsibility is the planning, implementation and operation of the Integrated Rapid Management Act, 2002. Public Transport Network (IRPTN) system as well as the A Re Yeng TRT operations. The division is
responsible for implementation of the whole system, including systems planning, infrastructure planning 17.2.1.9. Need for integrated planning and implementation, business and financial planning, marketing & communications, and management of the operations. As in most large organisations, there is a danger that the City’s departments and divisions will or do act “in silos” with too little interaction or contact between them. The Minimum ITP Requirements require
that the City should formulate an IPTN which provides for integration of all public transport modes and 17.2.1.7. The Tshwane Metropolitan Police Department (TMPD) services. It goes without saying that the other transport components of the ITP should also be integrated The TMPD was appointed in terms of, and is governed by, the South African Police Service Act 68 of with other relevant processes. For example, freight movements should be taken into account in the 1995. Chapter 12 of that Act deals with municipal and metropolitan police services, and the TMPD is process of developing the IPTN and the TDM components thereof. established under this Chapter, but members of the TMPD are employed by the City. The City must Section 17 of the NLTA provides that if the operating licensing function is assigned to the City, i.e. it appoint a committee of members of the Council and others to ensure civilian oversight of the TMPD. becomes a Municipal Regulatory Entity (MRE), it must establish a division within its administration to The functions of the TMPD are traffic policing subject to road traffic legislation, the policing of municipal perform that function. It also provides that the City must then arrange or reorganise its administration so by-laws and regulations which are the responsibility of the City, and the prevention of crime. that the function of managing and funding transport matters, and land use planning, as well as the other Members of the TMPD are designated as peace officers, and may exercise the powers of a peace officer related functions contemplated by the Act, are integrated. under the Criminal Procedure Act 51 of 1977 (CPA) and other laws within the municipal area. They may also exercise those powers outside of the municipal area in pursuit of a person reasonably suspected of committing an offence or in terms of an agreement between the City and the other municipality. The powers of a peace officer include powers of arrest, powers to confiscate objects used or suspected of being used to commit a crime, serving summonses and warrants, etc. TMPD members have also been designated as authorised officers under the NLTA to enforce laws relating to OLs and permits under that Act.
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Chapter 17 final.indd 6 2015/04/17 12:32:30 PM 17.3. CURRENT EXTERNAL INSTITUTIONAL STRUCTURES IN 17.3.2.3. The Gauteng Department of Roads and Transport (GDRT) TSHWANE DEALING WITH TRANSPORT The MEC and GDRT are appointed in terms of the Constitution. Their responsibilities in relation to land transport are set out in section 11(1)(b) of the NLTA and include formulating provincial policy and strategy 17.3.1. List of Stakeholders with whom the City must interact within the framework of national policy and strategy, co-ordinating between municipalities, provincial-
This document provides a list of the main stakeholders with whom the City must interact in the transport level planning, capacitating municipalities, etc. As stated in footnote 1 below, it is currently responsible planning process with some information on their functions and establishing legislation. It also deals with for the operating licencing (regulatory) function through the PRE and the old order bus contracts (the other institutional issues such as co-operative government. The issues are dealt with more fully in the Interim Contracts between the Province and Putco etc.).
Legal and Policy Scan document.
As part of the CITP process the City must develop a stakeholder engagement plan to guide the process, 17.3.2.4. The Provincial Regulatory Entity (PRE)
which must be included in the plan in terms of the Minimum ITP Requirements and Gauteng Regulations The PRE was established in terms of the NLTA as a successor to the previous Operating Licence on transport planning. Board, and is responsible for evaluating applications concerning operating licences for public transport services within the Province and, pending establishment of the NPTR, also for interprovincial transport. It consists of officials of the GDRP and is a section of that Department. If the regulatory function is 17.3.2. Government Structures (Organs of State) assigned to the City, the City will become a municipal regulatory entity (MRE) and will then become responsible for operating licence applications for services provided wholly within the area of the City. 17.3.2.1. The Department of Transport (DoT -national) The PRE will remain responsible for cross-boundary applications, such as services between the City The Minister of Transport and DoT are appointed in terms of the Constitution. The DoT’s responsibilities and the Cities of Johannesburg and Ekurhuleni. However, the NLTA provides for agreements to be in relation to land transport are set out in section 11(1)(a) of the NLTA and include setting of transport concluded in this regard, e.g. the City and PRE could agree that the City will undertake responsibility for policy and strategy, co-ordination between provinces, assigning functions to the most appropriate sphere these applications. of government, performing functions relating to operating licences (OLs), responsibility for bus contracts
concluded in terms of the now repealed National Land Transport Transition Act, etc. The Minister and 17.3.2.5. The Gautrain Management Agency (GMA) DoT also have responsibilities in relation to air and maritime transport, which may be relevant to issues involving the proposed Aerotropolis and freight movements to and from the City regarding ports. The Gautrain Management Agency Act 5 of 2006 established the GMA to assist the Province to implement the Gautrain Rapid Rail Project, to act on behalf of the Province in managing concessionaires for the
project, to manage the assets and finances of the project, etc. The GMA is thus a provincial public entity 17.3.2.2. The National Public Transport Regulator (NPTR) tasked with managing the Gautrain project and all Gautrain infrastructure One of the most important The National Land Transport Act 5 of 2009 (NLTA) provides for the establishment of the NPTR to of its objectives is to “enhance the integration of the project with other transport services and Public undertake responsibility for the regulation of all interprovincial and tourist transport, as well as some other Transport Plans”. The City must thus liaise with the GMA in integrating public transport services as part functions. The NPTR has been established but is not operational yet, and the Provincial Regulatory of both the CITP and A Re Yeng projects. The MEC intends to expand the Gautrain services in various Entity (PRE) undertakes its regulatory functions in the meanwhile. directions, which could impact on the A Re Yeng routes and other corridor and route planning involved in the CITP.
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Chapter 17 final.indd 7 2015/04/17 12:32:31 PM 17.3.2.6. The Passenger Rail Agency of SA (PRASA) Interaction with the City takes place mainly in the planning of national roads, which should dovetail with municipal and provincial planning. Where a new national road is to be declared over an existing road, PRASA, formerly the SA Rail Commuter Corporation, was established by the Legal Succession to the the Premier of the Province must agree. The City need not be consulted in terms of the SANRAL Act, South African Transport Services Act 9 of 1989 as amended in 2008. Its responsibilities include ensuring that rail commuter services are provided within, to and from the RSA in the public interest, at the request but should be consulted in accordance with the principle of co-operative government. Before declaring a toll road SANRAL must notify the Premier and the City in writing. It must consider any comments or of the DoT. This includes the duty to plan for rail commuter services. This effectively makes PRASA both representations received from them, but is not bound to comply with those comments or representations. an authority and an operator. If it acts contrary to such representations or comments, it must notify the Minister, who may then refuse Since the passing of the Legal Succession Amendment Act 38 of 2008 PRASA is also responsible for to approve the toll road. However the Minister is also not bound to comply with the recommendations of long-haul passenger rail and bus services (the former Sosholoza Meyl services provided by Transnet). the Premier or the City.
The rail function currently falls under the responsibility of the national sphere of government, but can be The Gauteng Freeway Improvement Project (GFIP) which has been implemented by SANRAL with the assigned to other spheres by the Minister. concomitant implementation of electronic tolls (e-tolls) in the areas of the City as well as Johannesburg
The City is responsible for service-level planning for passenger rail on a corridor network basis in and Ekurhuleni is likely to have a significant impact on issues such as road usage and public transport usage. These impacts should be considered in developing the CITP and IPTN. consultation with PRASA. This should be done through the Intermodal Planning Committee (IPC) (see 2.2 below). 17.3.2.9. The Cross-Border Road Transport Agency (CBRTA) PRASA, along with Transnet, owns the current rail infrastructure, including railway stations. The NLTA
does not deal in depth with rail-related issues because the DoT is still in the process of formulating The CBRTA was established by the Cross-Border Road Transport Act 4 of 1998 and is responsible national rail policy. A draft Green Paper (discussion document) on National Rail Policy has been prepared to regulate all cross-border road transport (passenger and freight) which operates between the RSA and the DoT has invited tenders for experts to finalise it. It will be followed by a White Paper (final policy and neighbouring countries. That Act provides for co-operative and co-ordinated provision of advice, document) and then new or amending legislation: possibly a National Rail Act. regulation, facilitation and law enforcement in respect of cross-border road transport by the public and private sectors. Operators undertaking cross-border road transport, i.e. carrying passengers and freight
for reward or in the course of an industry, trade or business by road between South Africa and other 17.3.2.7. Transnet Limited countries, are required to hold permits issued by the Regulatory Committee of the CBRTA. Foreign Transnet was established in terms of the Legal Succession Act 9 of 1989. It is responsible for rail freight operators undertaking such transport in the RSA need permits issued by the competent authorities of services and pipelines. The responsibility for ports has been transferred from Transnet to the National their home countries in terms of agreements between the countries. Ports Authority (NPA). Cross-Border road transport is also regulated by agreements between the RSA and its neigbouring states. Some of these agreements are multilateral, such as the Customs Union Agreement between 17.3.2.8. The South African National Roads Agency Limited (SANRAL) Botswana, Lesotho, Namibia, Swaziland and South Africa, and the SADC Transport Protocol. There are also bilateral agreements, for example with Zimbabwe and Mozambique. SANRAL was established by the South African National Roads Agency Limited and National Roads Act 7 of 1998 (SANRAL Act), in terms of which it has full responsibility to plan, construct, finance and The Act also deals with cabotage, which is transport undertaken by foreign operators with vehicles maintain national roads. It may declare any provincial or municipal road as a national road. It may also involving the on-loading or offloading of freight and passengers between two points in the RSA or the declare any national road or portion thereof as a toll road, with the Minister’s approval, and collect toll on on-loading of freight or passengers in the RSA for conveyance to a third state which is not the state of it, after taking certain prescribed steps. registration of the vehicle and where the state of registration is not traversed.
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Chapter 17 final.indd 8 2015/04/17 12:32:31 PM 17.3.2.10. The Road Traffic Management Corporation (RTMC) 17.3.2.14. The National Treasury (NT)
The RTMC was established by the Road Traffic Management Corporation Act 20 of 1999 as a partnership The NT is Responsible to allocate an equitable share to the City of revenue collected nationally in terms between the three spheres of government to effect the pooling of road traffic powers and to promote of the Constitution, and to allocate conditional grants to the City, such as the PTNOG (Public Transport road traffic management. The National Road Traffic Act 93 of 1996 (NRTA) allocates various functions Network Operations Grant) and PTIG (Public Transport Infrastructure Grant. Also, in the case of an to the Shareholders Committee of the RTMC, which consists of the Minister, the nine MECs responsible assignment of national or provincial functions to the City, a memorandum must be submitted to the NT for road traffic and two representatives of SALGA. The RTMC must establish functional units for road which may comment on the memorandum and must grant approval for the assignment. traffic law enforcement, training of traffic personnel, vehicle registration and licensing, road traffic
information etc. The RTMC has developed a draft National Road Traffic Law Enforcement Code which was published for comment in January 2014. 17.3.2.15. The Financial and Fiscal Commission (FFC)
The FFC was established by the Financial and Fiscal Commission Act 99 of 1997. It’s relevance to the 17.3.2.11. The Road Traffic Infringement Agency (RTIA) CITP is that if or when national or provincial functions are assigned to the City, a memorandum on the financial and fiscal implications must also be submitted to the FFC, which must provide recommendations The RTIA was established by the Administrative Adjudication of Road Traffic Offences Act 46 of and advice on the financial and fiscal implications of the assignment (see 5 below). 1998 (AARTO Act). The Act provides for a system of administering road traffic offences through an administrative process rather than through the courts in terms of the Criminal Procedure Act, 1977. It also provides for a points demerit system for road traffic offenders in terms of which penalties are 17.3.2.16. Adjacent municipalities prescribed, which can include suspension or loss of a driving licence. Regulations have been made The City must engage with adjacent municipalities such as the City of Johannesburg and Ekurhuleni under the AARTO Act providing for penalties and points for the various traffic offences. The function of as regards cross-boundary transport movements between their areas. This could be done through the the RTIA is to discourage the contravention of road traffic laws and administer the AARTO system. The AARTO system is already in place in the areas of the City and the City of Johannesburg as pilot projects framework of the Gauteng Transport Commission (GTC) – see below. Section 19 of the NLTA provides and is planned to be rolled out nationally eventually. that where there are significant transport movements between municipalities, they may establish an inter-municipality forum in terms of the IGRFA or a multi-jurisdictional service utility in terms of the
MSA. Section 12(2) of the NLTA provides that one or more adjacent municipalities may agree on the 17.3.2.12. The Airports Company of South Africa (ACSA) joint exercise of their functions in terms of that Act or establish a municipal entity under the MSA for that ACSA was established by the Airports Company Act 44 of 1993 and has full authority over and purpose. responsibility to manage the O R Tambo International Airport and certain other international airports.
The airports or aerodromes in the City’s area are all municipal airports under the control of the City. 17.3.3. PRIVATE SECTOR TRANSPORT STRUCTURES Although the O R Tambo Airport is outside of the City’s area, the City should engage with ACSA if issues arise regarding transport between the City and the Airport. 17.3.3.1. Introduction
There are two main modes operating in Tshwane which are owned and operated by private operators, 17.3.2.13. The National Ports Authority (NPA) namely the taxi and bus services:
The NPA was established by the National Ports Act 15 of 2005 and has taken over authority over Ports • Taxi services are made up of minibus taxis and metered taxis such as Durban. The City may need to engage with the NPA if issues arise regarding freight transport • Bus services are made up of small business operators and large subsidised bus companies. between the City and Ports such as Durban.
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Chapter 17 final.indd 9 2015/04/17 12:32:31 PM 17.3.3.2. Minibus taxi associations There are 5 bus companies operating in the City. The company’s names are:
Operators of minibus taxi-type services and their associations must be consulted in the planning process. • PUTCO (Putco Mamelodi, Putco Soshanguwe & Putco Mpumalanga) The RAS system formerly managed by the Gauteng Transport Registrar and now incorporated in the • Thari PRE has a register of primary taxi associations and their members. Provision has also been made for • Attridgeville Bus Services non-members, although they are rather rare. The City is in the process of engaging with the taxi industry • North West Star (Hammanskraal and Mabopane) regarding their participation in the A Re Yeng system. • Tshwane Bus Services (City of Tshwane Bus Services)
There are two mini-bus taxi structures to which all taxi associations are affiliated, namely: There are approximately 1950 buses operated by the 5 companies/institutions listed above. • TOPICA, and The details of the routes travelled by each company/institution are provided in Annexure A. • Greater Tshwane Regional Taxi Council (GTRTC)
Numbers of associations affiliated to the regional structures are: 17.3.3.5. Metered Taxi Associations • TOPICA: 9 • GTRTC: 23 The operators providing metered taxi services in the municipal area are members of one or more associations, which should be consulted. Operators not falling under any association should be engaged There are approximately 6900 minibus taxis operating in the City, made up of: directly. Currently “Uber”, a company which provides on-line hailing of taxis or shuttle services, operates • Approximately 2728 taxis from associations affiliated to TOPICA, and in the area of the City and the City should take note of this service. • Approximately 4152 taxis from associations affiliated to GTRTC. There is one metered association operating in Tshwane, the Tshwane Metered Taxi Association (TMTA). Details of the number of vehicles per association are contained in Annexure A. The metered taxis are not confined to routes, but they operate throughout the City either by ranking or by roaming. Most trips originated from the City centre. 17.3.3.3. Bus Operator Associations There are approximately 350 metered taxis in operation.
The Southern African Bus Operators’ Association (SABOA) represents the bus industry countrywide, including bus operators such as Putco and North West Star. They should be consulted where appropriate. 17.3.3.6. Commuters and the general public There are some bus operators who are not members of SABOA, who may also have to be consulted if there are any in the City’s area. The Minimum Requirements require the City to engage with interested persons such as commuters and the general public in developing the CITP. If there are organisations representing passengers
or commuters they should be consulted, as well as business representatives such as chambers of 17.3.3.4. Contracted Bus Operators commerce.
Various bus operators provide subsidised bus services in the area of the City in terms of agreements with the Province. The question of assigning the contracting authority function for these contracts to the City and the process for doing so is addressed in the Legal and Policy Scan. The City is in the process of engaging with the bus operators regarding their possible participation in the A Re Yeng system as required by section 46(2) of the NLTA.
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Chapter 17 final.indd 10 2015/04/17 12:32:31 PM 17.3.4. Public Transport Structures 17.3.5.2. The Intermodal Planning Committee (IPC)
Section 15 of the NTLA provides that the City must establish an Intermodal Planning Committee (IPC) There are public entities which are operating public transport in the City. Even though the Tshwane Bus Services (TBS) was included in the private sector above, TBS is actually a public transport structure. The consisting of prescribed officials and representatives of operators. The functions of the committee are buses are owned, operated and managed by the City of Tshwane under the CoT Transport Department. to co-ordinate public transport between the modes. One of the main objectives is to co-ordinate with the rail mode and ideally the City should enter into a service level agreement with PRASA in that regard. The The other entities involved in the operation of public transport are: NLTA is being amended to provide specifically for a SLA as a statutory requirement. • PRASA, reporting to the Department of Transport The NLTA currently states that the IPC should include representatives of operators and organised • Gautrain, managed by the Gautrain Management Agency (GMA) business. However, the Act is being amended to provide that the IPC should be a committee of officials The two entities are responsible for rail services in the City. Rail services can only be operated by the only, and that the private sector should be represented through the Land Transport Advisory Board (see City if the Department of Transport assigns that responsibility to the City as planning authority in terms 3.5.3 below). of the Constitution and MSA, based on proven capacity to do so. As part of the CITP process, the CoT Transport Department already established an IPC, and the first meeting took place in 2014. PRASA operates heavy train services between the CBD and various areas around the City. The Minister of Transport is the sole shareholder of PRASA.
Gautrain on the other hand operates high speed rail from Hatfield to Johannesburg via Pretoria station 17.3.5.3. The Land Transport Advisory Board (LTAB) and Centurion Station. Gautrain is owned and operated by Gauteng Provincial Government through the Section 16 of the NLTA provides that the City may, if it wishes, establish a LTAB with representatives of Gautrain Management Agency. government and the private sector to advise it on land transport matters. The LTAB will be similar to the former Metropolitan Transport Advisory Board (MTAB) that was established under the Urban Transport 17.3.5. CONSULTATIVE MECHANISMS AND CO-ORDINATING STRUCTURES Act, 1977. A memorandum has been submitted to the Mayoral Committee suggesting that an LTAB should be established as soon as possible. 17.3.5.1. The proposed Gauteng Transport Commission (GTC) An inception meeting of the LTAB will be arranged by the CoT Transport Department to take place as The Province is in the process of establishing the GTC and the City has signed a Memorandum of part of the CITP process. Understanding (MoU) with the Province in this regard. The GTC will be established initially by the Province as a consultative forum. The City has the full range of transport functions in terms of the NLTA, and if the GTC is to perform or encroach on these functions this will have to be done in agreement with the City. The GTC will initially undertake some high-level functions, including integrated ticketing, integrated fare management and travel demand management (TDM), and will enter into more detailed agreements with the City later on specific functions, as envisaged by the MoU.
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Chapter 17 final.indd 11 2015/04/17 12:32:31 PM 17.4. INSTITUTIONAL PLAN TO ESTABLISH A NETWORK c) Outsourcing functions to third parties, which could be organs of state such as the Province or AUTHORITY TO MANAGE THE PUBLIC TRANSPORT SANRAL, or to the private sector. NETWORK Before deciding on an option, the City may have to undertake a “section 78” assessment in terms of the MSA to establish whether to use an internal or external mechanism. 17.4.1. Introduction The DORA Acts require the process to be managed through the provincially managed Public Transport During 2004 the concept of establishing a transport authority (TA) was approved by Council subject to Integration Committee (PTIC). The City is already a contracting authority in respect of new contracts in an analysis of its functions. The NLTA has done away with TAs, which are now dealt with by the MSA and terms of the NLTA. MFMA. The NLTA requires the City to reorganise its administration so that the function of managing and funding transport matters and land use planning, as well as the other related functions contemplated in the Act, are integrated, if the City becomes an MRE. 17.4.2. Options to establish a Network Authority
The National Land Transport Act 5 of 2009 (NLTA) and the national policy documents considered in the 17.4.2.1. “Section 78” assessment Legal and Policy Scan for the CITP place a strong emphasis on integration of transport functions and Chapter 8 of the MSA requires an investigation, usually called a “section 78 assessment”, when a new modes, and on integration of transport planning with land use and development planning. Section 17(1) municipal service is to be provided or a municipal service (such as a bus service) is to be substantially provides that where the operating licensing function is assigned to the City it must establish a division upgraded or improved. Such an investigation was done in relation to the contracting authority function within its administration to perform that function and that it must arrange or, if necessary reorganise for the A Re Yeng system. its administration so that the function of managing and funding transport matters, as well as land use planning and other related functions, are integrated. Such an assessment is only required where a municipal service is involved. A first step will thus be to establish whether the relevant functions of the network authority will amount to a new municipal service The NLTA requires the City to establish an MLTF as a dedicated fund for land transport functions. This or the substantial upgrading of an existing municipal service. If so, a section 78 assessment is required, Fund should be established as soon as possible to facilitate the sourcing and utilisation of funds for and the steps set out below must be taken. transport projects. This fund will be managed by the MRE. The purpose of the assessment is to establish whether the City should provide the relevant services The Minimum ITP Requirements provide that Chapter 6 of the CITP which deals with the Public Transport by means of an internal or external mechanism in terms of Part 2 of Chapter 8 of the MSA. The MSA Operational Strategy must include a Network Operational Plan, part of which is “an institutional plan to provides that a municipality may provide a municipal service either through an internal mechanism (i.e. establish the “network authority” to manage and regulate the contracted and non-contracted network a department or component of the municipality itself or a business unit within its administration) or by an and its fare system to be dealt with in Chapter 10: “Other Transport Related Strategies”. external mechanism, which may be a municipal entity, another municipality or another organ of state, by This Chapter provides options for establishing such a network authority or transport authority. It should means of a service agreement. The term “municipal service” is widely defined and clearly includes public be noted that this document only provides a high level summary of issues, and must not be regarded transport services. A municipal entity may be either a private company or a service utility established by as legal advice on any issue. Before taking steps in response to the document, e.g. establishing a means of by-laws. municipal entity (ME), the City should obtain specific legal advice. The steps required for a section 78 assessment are complex and involve, among others, an assessment The City has three options to establish such an authority: of the indirect costs and benefits and expected effect on the environment, human health, well-being and a) A unit/section/department within the City’s administrative structure; safety, the City’s capacity and future potential capacity to furnish the necessary skills and resources and the extent that the re-organisation of its administration and human resource capacity can be used. b) Establishing a municipal entity (ME); or
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Chapter 17 final.indd 12 2015/04/17 12:32:31 PM Even if a section 78 assessment is not required, the City should investigate the advantages and itself of its functions as a transport authority: in other words the City remains responsible to provide and disadvantages of the various options. monitor the functions.
If any functions are to be outsourced to private persons, the City must also comply with legislation on 17.4.2.2. Internal mechanism procurement and with its Supply Chain Management Policy.
By way of comparison the City of Cape Town has chosen the internal option and established a unit by means of by-laws called Transport for Cape Town. In establishing this unit the City published the 17.4.3. Review of public transport management in various cities following statement:
17.4.3.1. Gauteng Authorities “Transport for Cape Town is a local government entity that will transform Cape Town’s current fragmented transport system into an integrated, multi-modal system that puts commuters first The three metropolitan municipalities in Gauteng are at various stages of developing their CITP’s, – resulting in more efficient, affordable and safer public transport. Ultimately commuters will be IRPTN’s and IPTN’s. The IRPTN Operational Plans are being developed separately from the CITP able to cycle, use MyCiTi bus, Golden Arrow buses, take a train or mini bus taxi with a single but must form part of the CITP and are driven by the funding programme of the DoT and National ticket. Once the Authority has been established, public transport will be governed by one body Treasury with very tight deadlines. These plans are legal requirements for the cities to perform their and by the same set of policies and standards for all train, bus and mini-bus taxi operators – in public transport functions. It should be noted that IRPTN operational plans must form part of and be effect shifting the focus of transport governance from the operator to the commuter. “ integrated with the IPTN and CITP of each City.
The entity is described in the by-laws as a governance structure within the City, and not a separate legal Section 40 of the NLTA states that current bus contracts must be incorporated in the IPTN. The NLTA person. regulations (Minimum Requirements for ITPs) provide that there must be one public transport plan,
forming part of the CITP, and not a separate IRPTN Plan. 17.4.2.3. Municipal entity Gauteng DRT and GTC are currently in discussions with the Municipalities regarding the delineation of
Chapter 8A of the MSA deals with municipal entities (MEs). The City may establish an ME as a separate functions between them, including the contracting authority and public transport regulatory functions. To legal entity to undertake one or more or all of the City’s transport functions. Such an entity can be properly respond to the Gauteng DRT and GTC, the cities of Tshwane, Ekurhuleni and Johannesburg established as a private company or as an entity established by means of by-laws. The procedures to would need to conduct investigations and feasibility studies in order to guide their decision-making on establish an ME are set out in the MSA and the Local Government: Municipal Finance Management Act these matters.
56 of 2003 (MFMA), and in guidelines issued by the National Treasury.
17.4.3.1.1. Gauteng Department of Roads and Transport (DRT) 17.4.2.4. Outsourcing The provincial PRE forming part of the Gauteng DRT is currently responsible for dealing with Operating
Section 217 of the Constitution allows the City to outsource functions to other organs of state by means License (OL) applications. This function in respect of public transport services that take place within the of devolution or agency. An agreement with the other organ of state is required, and in negotiating such City’s area can be assigned to the City by the Minister, in which case the City will become a Municipal an agreement regard should be had to the Intergovernmental Relations Framework Act 13 of 2005 and Regulatory Entity (MRE). The reason for assignment will be to enable the full range of transport functions the Guidelines issued in terms of that Act. However, this would only apply to specific functions such to vest in the City and replace the current fragmented system. However, the Province is in the process of as the building of infrastructure. In the process of concluding such agreements the City may not divest establishing the Gauteng Transport Commission (GTC) following the publication of the Gauteng 25-Year
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Chapter 17 final.indd 13 2015/04/17 12:32:31 PM Integrated Transport Master Plan (ITMP25), the DRT and all municipalities in the province have agreed (v) the effective implementation and integration of travel demand management; and to establish the Gauteng Transport Commission (GTC), which was one of the recommendations of the (vi) fostering co-operation with relevant stakeholders on matters relating to transport. ITMP25. The participating municipalities and the DRT recently signed a Memorandum of Understanding and the Commission held its inaugural meeting in Johannesburg. The GTC will be overseen by a Governing Body consisting of the MEC of Roads and Transport and the MMC responsible for Transport in each participating municipality and supported by an Advisory Panel The GTC will negotiate with the City as regards specific transport functions, and a decision will then of transport specialists. be taken as to which functions should vest in the City or the Province in view of the fact that Gauteng Its day-to-day operations will be administered by the Secretary of the Commission, who will provide is a “Global City Region”. In many ways it will make sense for the OL function to remain at provincial level, provided that the current problems and backlogs being experienced with the PRE are dealt with. administrative, technical and professional support to the Governing Body. The Secretary will develop an annual operational plan based on the core areas of work of the Commission and manage the projects, The City should thus hold back from requesting the Minister to assign the OL function to it until detailed activities and programmes of the Commission. negotiations with the Province/GTC have taken place as to the eventual location and nature of the OL function. Funding for the operations of the GTC will be determined and provided for by the Gauteng Department of Roads and Transport. The Gauteng PRE is currently managing all the PTOG subsidised bus contracts in Gauteng. The contracting authority function is currently carried out by nine people. However, there are ten vacant The participating municipalities are the City of Johannesburg Metropolitan Municipality; City of Tshwane posts. In total the DRT therefore provides for 19 people to carry out this function. Metropolitan Municipality; Ekurhuleni Metropolitan Municipality; West Rand District Municipality; Sedibeng District Municipality; Lesedi Local Municipality; Midvaal Local Municipality; Randfontein Local The DRT is also coordinating public transport planning and management activities with municipalities Municipality; Westonaria Local Municipality and Merafong City Local. through technical coordination committees. From the City of Tshwane’s viewpoint, it makes sense in the Gauteng global region for a provincial entity The structure and functions of the GTC are given below (Gauteng DRT website): such as the GTC to undertake these functions in agreement and collaboration with the Cities, especially • The GTC is an inter-governmental structure aimed at improving transport service delivery and on issues such as integrated ticketing and fare systems, Province-wide transport demand management, providing a reliable, affordable, safe, accessible and sustainable transport system in a globally- better co-ordination between provincial and municipal roads, etc. competitive city region (Gauteng DRT Website). The City is concerned that an entity that is established only for the purposes of management and • The key aims of the GTC are to facilitate the implementation of the 5-Year Gauteng Transport coordination will not present a solution to the current problems experienced in the Province and will run Implementation Plan (GTIP5) and the proposed 25-Year Integrated Transport Master Plan the risk of becoming just another level of bureaucracy. The Province of Gauteng is a densely populated (ITMP25). and well developed area, where towns and cities are geographically close to each other, hence the • The GTC will facilitate joint planning and co-ordination in the following core areas: moves to establish a global city region (GCR) eventually. The towns and cities, as well as the provincial (i) integrated rail planning in the province; government are experiencing serious capacity shortages. The GTC should therefore be a vehicle to (ii) the promotion of standardized Intelligent Transport Systems, particularly in respect of which current functions (subject to a prior review as referred to below) can be “centralised”, and at the same time pooling the current thinly spread human and other resources. integrated ticketing, integrated fare management, passenger transport information and traffic management; The Cities proposed that the following process be followed regarding the ultimate functions of the GTC:
(iii) the development and integration of Bus Rapid Transport Systems (BRT); • A checklist of functions and powers as given or imposed by the NLTA should be compiled. (iv) the support of sustainable transport options, including non-motorised transport (NMT); • The functions and powers should be discussed with each municipality, deciding as to which
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Chapter 17 final.indd 14 2015/04/17 12:32:31 PM functions/powers need to be exercised by the GTC and which should remain with the municipality. mechanism and thereafter, to either decide to provide that service by an internal mechanism or to The GTC should be structured based on these decisions, in accordance with the principle that explore the possibility of providing the municipal service through an external mechanism. Should a “form follows function”. municipality decide to explore the possibility of providing the municipal service through an external mechanism, it must, inter alia, conduct a feasibility study in accordance with the requirements set forth • Specific agreements should be drafted dealing with each function, detailing the agreement of the in that section. Province and the municipalities as to the performance of function on behalf of each other (where allowed in terms of the NLTA) and the assignment of functions where appropriate in terms of the In addition, a further assessment has to be done in terms of section 84 of the Municipal Finance Constitution, the NLTA and the Municipal Systems Act. Management Act (MFMA), should the municipality wish to consider the possibility of providing the
• Eventually a Provincial Act should be promulgated, establishing the Commission in accordance municipal service through a municipal entity, to determine the impact on the municipality. Both the MSA with the agreement referred to above. An Act is necessary to facilitate a single budgeting point and the MFMA further prescribe a public participation process and the procurement of comments from and to ensure the continued cooperation between the parties. This Act needs to take into account a variety of external stakeholders, should the municipal entity option be considered. the functions and processes and co-ordination structures described in the Gauteng Transport In terms of Section 78(1) (a) of the MSA, the first stage of the investigation to determine whether an Framework Revision Act, 2002. It should be noted that some relevant provisions of this Act were internal mechanism would be the appropriate option, is to assess the following: repealed in 2012, but are still relevant for purposes of comparison and instruction. • the direct and indirect costs and benefits associated with the project, including the expected effect on the environment and on human health, well-being and safety; 17.4.3.1.2. City of Tshwane (CoT) • the capacity and potential future capacity of the city to furnish the required skills, expertise and The A Re Yeng Business Plan of Tshwane’s TRT system provides the following information about the resources necessary for the provision of the service through an internal mechanism; institutional framework of managing the TRT system: • the extent to which the re-organisation of its administration and the development of the human resource capacity of the city could be utilised to provide the service through an internal Municipal public transport is regarded as a municipal service in terms of the Constitution. By virtue of mechanism; and sections 76 and 77 of the Municipal Systems Act (MSA), the CoT:
• may provide a municipal service through either an internal or an external mechanism; and • the likely impact on development, job creation and employment patterns in the city, taking into account any development trends in the sustainable provision of municipal services in general. • must decide on the appropriate mechanism for delivery of a particular service if, amongst others, an existing municipal service is to be significantly updated, extended or improved, or a new Alternative approaches could be followed by the CoT to exercise its role as Contracting Authority, municipal service is to be provided. manager and controller of the A Re Yeng system. These options range from the Business Unit to be a department within the city similar to the current TBS, through to an external, ring fenced business unit, The CoT currently provides a municipal public transport service through TBS. As the new A Re Yeng to a municipal entity. A process to consider and investigate alternative mechanisms is set out in section service would be regarded as a new transportation service in addition to the service rendered by TBS, or 78(1)(a) of the Local Government Municipal Systems Act 32 of 2000. When approving the structure, alternatively a significant extension or improvement of the existing bus service, the CoT would, in terms the Council directed the CoT to conduct the required assessment in the manner provided for in Section of the above-mentioned section 77, be required to decide on the appropriate mechanism to provide the 78(1)(a). The City has already conducted such an assessment in respect of the contracting authority new service. function for the A Re Yeng system. The findings are reflected in the business model mentioned below. Section 78 of the MSA requires a municipality in the process of deciding on a mechanism to provide A conceptual high-level business model for the A Re Yeng system was presented to and approved by the a municipal service to first make an assessment of the provision of that service through an internal CoT on 26 April 2012 and serves as a basis for further decision making on relevant A Re Yeng matters.
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Chapter 17 final.indd 15 2015/04/17 12:32:31 PM The in-principle approval was subject to on-going detailed investigations and further refinements, which Some functions are executed internally in the Business Unit and others are contracted out with full would be submitted to Council for consideration and approval. The City decided the best mechanism accountability remaining with the business unit and ultimately the Executive Project Manager. The main would be an internal unit to manage the A Re Yeng System. contracts and functional allocation between the City and the various functional agents for the A Re Yeng system are as follows: The following diagram (Figure 17.2) reflects the four main components of the high-level business model for the A Re Yeng system that was approved. (i) The Bus Operating Company (BOC) that operates the buses at a specified level of service. The CoT will remunerate the BOC at a fixed rate per bus revenue kilometre. This rate has yet to be Figure 17.2: A Re Yeng High-Level Business Framework negotiated but will be determined by all direct operating costs, the funding costs related to the acquisition of the bus fleet and a fair rate of return to the BOC. (ii) The Fare Collection Agent that is responsible for managing and operating an effective fare collection system, which will encompass automatic fare collection, EMV and top-up vendors. All collected revenues will be transferred to the CoT, which in turn will pay the contractor a fare collection fee.
(iii) The Station Contractor that is contracted and paid a management fee for the station management and light maintenance tasks.
17.4.3.1.3. Ekurhuleni:
The draft EMM CITP (2012) provides the following information:
Regarding the Municipal Regulatory Entity, the NLTA authorizes the assignment (transfer) of the Operating Licensing function to a municipality. The function has not been assigned to the EMM. The Gauteng PRE is currently struggling with a severe backlog for the evaluation of applications.
Should the EMM obtain the Operating Licensing function, it will be in a position to better manage the issuing of operating licences within its area, as the EMM will be in control of the system, and will be able to align its law enforcement program with the information extracted from the system.
It is recommended that the EMM reviews the proposed institutional structure for its transport department with the view to:
• Benchmark it against the transport related functions of the municipality as described in the relevant legislation as well as the benchmark provided by other metros; Since the approval of the high level business model by Council, it was refined in terms of the functions • Its response to the local and international agenda; and to be performed by each main component, detailed organizational structures and the human resource requirements for each component. • Its ability to react to the impact of the proposed Gauteng Transport Commission.
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Chapter 17 final.indd 16 2015/04/17 12:32:31 PM • Withholding the promulgation process of its current transport by-laws and review the by-laws to • Existing contracting arrangements (section 46); and incorporate all transport matters into one inclusive by-law for the entire area of jurisdiction; • All other sections of the NLTA relevant to the activities of a Municipality as a contracting authority • Undertaking a due diligence investigation in terms of Section 78 of The Local Government More specific functions are: Municipal Systems Act, 2000, to determine the feasibility of the EMM to become a municipal regulatory entity with the view to be assigned the Operating Licensing Function in terms of the • Establish the standards, operational parameters, service specifications (by reference to the ITP and IPTN) NLTA. • Prepare and maintain the contract documentation for all the contracts
• Establish and maintain a system for monitoring the service delivery and performance standards 17.4.3.2. Cities outside Gauteng • Provide details to the Performance Monitoring and Evaluation Function of the performance of all 17.4.3.2.1. City of Cape Town (CoC): Establishment of a Transport Authority public transport service providers
The following information is provided by the “Constitution of Transport for Cape Town By-Law” (CoC, The functions of a Municipal Regulatory Authority are described in sections 17 to 19, sections 47 to 84 2013) (inclusive) of the NLTA, and all other sections of the NLTA relevant to the activities of a Municipality as a regulatory entity. The CoC established a Transport Authority (TA) forming part of the CoC structure. It was established ito of City By-laws called “Constitution of Transport for Cape Town By-Law, 2013”. A Commissioner is the The Authority is responsible for the operating licences for those persons wishing to undertake an intra- head of the TA, and it responsible for the following functions: provincial service that takes place in the City. Services that start in the City and also take place in the area of another Municipality will still be dealt with by the PRE. This involves: • Planning Authority • Contracting Authority Establish an MRE Committee consisting of minimum of 3 persons, with following functions: • Municipal Regulatory Entity (a) the granting, transferring, amendment and renewal of operating licences; • Performance Monitoring and Evaluation (b) the amendment of operating licences resulting from the replacement of a vehicle; • Financial Management (c) the temporary replacement of a vehicle on an operating licence;
All functions relevant to transport, roads and public transport, planning, implementation, management (d) the conversion of permits to operating licences; and finance are included. (e) the duplication of operating licences; (f) the provision of temporary permits for special events; Those functions dealing with the management of the bus function, amongst others, are: (g) the withdrawal, suspension or amendment of an operating licence; and • Functions of Contracting Authority in reference to the NLTA: (h) the imposition of law enforcement parameters and penalties, including making appropriate • Integration of bus contract system into larger public transport system (section 40); inspections of public transport vehicles and their related certification • Negotiated contracts (section 41);
• Subsidized service contracts (section 42); MyCiTi Business Plan • Commercial service contracts (section 43); • Requirements to qualify as tenderer for commercial or subsidized service contracts (section 44); The MyCiTi Business Plan (Phases 1A, 1B and N2 Express) (CoC, September 2012) indicated the following: • Involvement of Municipalities in public transport services (section 45);
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Chapter 17 final.indd 17 2015/04/17 12:32:31 PM The most appropriate mechanism by which the City ensured effective control of the management of • Rail Management, in terms of which the Transport Authority will exercise some level of control MyCiTi operations was under consideration in terms of processes required by section 78 of the Municipal over the rail function in the City. Systems Act (MSA) and section 84 of the Municipal Finance Management Act (MFMA). A Department IRT Operations has been created which currently is involved both in the design and The Council had supported a Municipal Entity as the appropriate mechanism for the provision of implementation of the system from an institutional, financial and business structure perspective as well municipal public transport services, including MyCiTi, subject to the process required in terms of section as overseeing the operations of the existing service providers. 84 of the MFMA. The section 84 process was, however, not concluded because the administration came Due Diligence Exercise for the Assignment of the Contracting Authority Function to the CoC to the view that the City should first achieve higher levels of confidence in the projected implications of the roll out of MyCiTi to identify and minimize the risks of the system to the City before creating any A Due Diligence exercise was completed in May 2012 regarding the assignment of the Contracting Municipal Entity. Thus in May 2010, Council gave the City Manager approval to establish an internal Function from the Provincial Government Western Cape (WGPC) to the CoC (City of Cape Town, May structure in which the proposed tasks of the City and the Municipal Entity were combined in a MyCiTi 2012). The exercise was finalized by assessing implementation options for the Contracting Function. Project Office within the City administration, reporting to the then Executive Director Transport, Roads The report emphasized that the CoC would also need to prepare itself for a much wider contracting and Major Projects, and consisting of two departments, namely the Department IRT Implementation function that will deal with the future management of all modes, including rail, Dial-a-Ride, IRT contracts and the Department IRT Operations. It was anticipated that, as the detail of contractual relationships and other road-based contracts. between the various parties was clarified and stabilized, and were a Municipal Entity for public transport services established, the Department IRT Operations would move into the Municipal Entity, while the The completion of the CITP and IPTN are also important legal requirements. The report highlighted the Department IRT Implementation would remain in the City administration. legal, HR and financial requirements and also evaluated various implementation options in terms of an evaluation framework. The focus on possible institutional arrangements for the management of MyCiTi have now been
superseded by a decision to pursue the creation of a Transport Authority, as proposed in Transport, Various issues that need to be addressed with the Golden Arrow Bus Service company (GABS) contract Roads and Stormwater’s Transformation and Action Plan 2012 (ref TR&S07/06/12). This Transport were highlighted, for example the under-funding of the contract, time period of the contract, shift towards Authority may or may not be established as a Municipal Entity (ME). It has now been established as an a gross-based contract, change towards the legislation applying to municipalities, such as the MFMA, internal unit of the City in terms of by-laws promulgated in 2013. Supply Chain, and Municipal Systems Act, amongst others.
According to a recent document of the TR&S (‘Assignment of the Contracting Authority function to the The Study evaluated four implementation options, ranging from the use of the phased IRT implementation City of Cape Town: Business Plan and Motivating Memorandum’ dated 24 August 2012), the Transport to phase out the GABS contract, to accepting immediate acceptance of the GABS contract. Option 2, Authority would play the following roles: consisting of two phases, was the preferred option. This involved firstly, the joint management of the • Planning Authority current interim contract, including agreement between the CoC and PGWC about the notice period for • Contracting Authority, in terms of which it would contract services such as MyCiTi operators and the GABS interim contract, and minor changes to the interim contract, while the CoC prepares all its the current Golden Arrow Bus Services, planning documents. In the second phase, the CoC will take over the GABS contract at the end of the notice period, and will then manage the newly negotiated contracts with affected operators. • Municipal Regulating Authority, in terms of which it would issue operating licences and regulate the minibus taxi industry The main functions of the Contracting Authority would be organized around the following:
• MyConnect, which is the card based fare system which will be rolled out across all operators • Planning and Development • Transport Management Centre and Transport Information Centre • Regulating • Setting of standards and Monitoring and Evaluation • Contract Management and Monitoring
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Chapter 17 final.indd 18 2015/04/17 12:32:31 PM • Finance and Subsidy Management The Transport Authority is equipped with a broad range of functions such as the regulation of market entry, and the contracting of subsidized services. The ETA is democratic and politically accountable • Supply Chain Management since its governing body consists of elected representatives i.e. Councillors. The Public Transport • Marketing and Communications Department plans, prioritizes, designs, implements, maintains, and manages the full range of public Each of the above divisions will have a Head, reporting to the Manager of the Contracting Authority. In transport services through the design, adjudication, subsidizing, and monitoring of service contracts. To total 25 posts will be required. This excludes Marketing & Communication, as this will be handled by do this, it implements and maintains ticketing and fare systems, and ensures that the required public the IRT department, as well as Regulation, as this will be subject to the PRE due diligence, which will transport infrastructure is in place, including:
include determination of HR requirements. • The design and maintenance of bus routes The annual operating (Opex) and capital expenditure (Capex) was estimated over ten years. The total • The rationalization, set-up, upgrade, and maintenance of public transport (bus and taxi) ranks Net Present Value (NPV) of the Opex plus Capex was found to be in the order of R150.2 million, starting and stops
in year 3 at R3.6 million, increasing to a maximum annual value of R23.3 million, and declining to R18.8 • The implementation of the taxi re-capitalization program million in year 10. The majority of the expenditure is in operations, with a NPV of R149.5 million. • The implementation of security services at public transport ranks Guidelines for implementation emphasized that the CoC should familiarize themselves with the GABS • The implementation of regulation and enforcement measures
contract and the day-to-day management and monitoring of the contract. Both the CoC and the PGWC The Department has three branches to perform these functions: should act as a united front and initiate a joint management process. The CoC should also investigate their institutional readiness to take over the contracting function in terms of the following aspects: The Public Transport Infrastructure Branch is responsible for:
• Organisational arrangements; • The study and approval of bus and taxi routes • Management capacity; • The allocation of bus and taxi ranks and stops • Operational staff capacity; • Maintaining bus and taxi ranks • Operational and monitoring systems capacity; and • The prioritisation of capital projects for public transport infrastructure • Financial capacity • The rationalization of public transport ranks • Public Private Partnerships (PPP’s) for the development, maintenance, and upgrade of public transport ranks 17.4.3.2.2. eThekwini Transport Authority (ETA) • Implementation of the Taxi Re-Capitalization Programme From informal communication the ETA indicated that it is currently in the process of conducting a The Public Transport Services Branch is responsible for: feasibility study on taking over the Municipal Regulatory and Contracting Authority functions. • Planning and designing the full range of public transport services The following information was obtained from the ETA Website: • Managing the delivery of public transport services The establishment of the eThekwini Transport Authority in January 2004 to manage the provision of the • Managing the tender process and adjudication full range of public transport services has created the platform for the provision of passengers with a • Monitoring and managing service contracts single access point to all. It has promoted strong, locally driven and oriented decision making, and local • Managing subsidization, e.g. claims verification and approval accountability. • Managing an integrated ticketing and fare system
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Chapter 17 final.indd 19 2015/04/17 12:32:31 PM Transport Authority Co-ordination. This branch has four sections, each attending to one of the • Regarding the Municipal Regulatory Entity, the NLTA authorizes the transfer of the Operating following functions: Licensing function to a municipality. The function has not been assigned to any city in Gauteng. The Gauteng PRE is currently struggling with a severe backlog for the evaluation of applications.
• Internal liaison and coordination between departments and other units and the consolidation Should the City obtain the Operating Licensing function, it will be in a position to better manage of department responses the issuing of operating licences within its area, as the City will be in control of the system, and • External liaison, e.g. that relating to rail, bus, minibus and metered taxis will be able to align its law enforcement program with the information extracted from the system. • Community liaison & complaints, e.g. help desk for public transport complaints and other The PTISG Guidelines suggest that the sphere of government that should be managing the programs operators is the local government sphere. It is clear that with the implementation of the IRPTN, • Management of service level agreements, e.g. Metro Police enforcement the City would have the capacity and resources to manage the operators and it would be more effectively administered by the City than the province. This is especially relevant for routes that 17.4.4. Conclusions are not traversing municipal boundaries. The issuing of operator licences and management of operators is therefore a function that should be assigned from province to the City in the manner This section on the Network Authority merely provides some inputs to guide the CITP process and the outlined in section 11(4) of the NLTA and sections 9 and 10 of the MSA. possible assignment of the bus contracting authority and public transport regulatory functions from Gauteng Province to the CoT. If the CoT approves the continuation of the process to take over the If the contracting authority function for the provincial bus contracts is assigned to the City, it is contracting and regulatory functions, the CoT should conduct detailed Due Diligence exercises to envisaged that the current PTOG grant funding for those contracts will be allocated to the City evaluate the feasibility and implications of taking over the functions. according to the NLTA Contracting Regulations.
The main conclusions are:
• The Gauteng Department of Roads and Transport (DRT) is currently managing all the PTOG 17.5. STRUCTURE TO MANAGE FREIGHT TRANSPORT subsidised bus contracts in Gauteng. The contracting authority function is currently carried out The NLTA requires planning authorities to plan, manage and implement freight transport as part of by nine people, although there are ten vacant posts. In total the DRT therefore provides for 19 its municipal functions within its municipal mandate. The CITP Minimum Requirements also require a people to carry out this function. chapter in the CITP on Freight Transport Strategies. Currently the Transport Department of the CoT does • The recently established Gauteng Transport Commission and (DRT) is currently in discussions not have a separate freight transport directorate dealing with freight and these matters are dealt within with the various municipalities in order to agree on the delineation of roles and responsibilities the Transport and Infrastructure Planning division. The CoT is also responsible for managing abnormal between province and local government with regard to the public transport regulatory and loads and transport of hazardous materials, and the CITP is also required to indicate strategies in this contracting authority functions. The bus contracting function is a high priority in view of the regard.
planning and implementation of the BRT in the three metropolitan municipalities in Gauteng The Freight Transport Chapter of the CITP deals extensively with the freight transport strategy, abnormal as part of the overall Integrated Rapid Public Transport Network (IRPTN) program driven and loads, and transport of hazardous material and identified the need for a dedicated structure in the CoT funded by the Department of Transport and National Treasury. None of the municipalities in to deal adequately with freight transport. Further details are provided in the Freight Transport Chapter Gauteng has completed feasibility studies on the regulatory and contracting functions. regarding the structure, functions and HR requirements of the Freight Transport division.
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Chapter 17 final.indd 20 2015/04/17 12:32:32 PM 17.6. PROPOSED INSTITUTIONAL REFORM IN CITY OF TSHWANE It seems that the assignment of the Bus Contracting function from the Gauteng Province to the CoT would be beneficial and this will be one of the functions of any proposed dedicated unit (subject to The following institutional reforms are prosed for the City of Tshwane in view of the legislative decisions taken regarding the GTC). Again this should be investigated as part of the Network Authority requirements, transport challenges faced by the City and needs identified in the Institutional Working feasibility study. Group of the CITP. The City recently adopted a new City Structure and the CITP Team was requested to In view of the various different public transport institutional matters that must be investigated, which are make proposals regarding short-term refinements to the City Structure. This Chapter firstly discusses all inter-related, all these aspects should be addressed by the proposed feasibility study on the Public longer-term reform that requires feasibility studies and comprehensive evaluation of options. With this Transport Network Authority. long-term vision in mind, the short-term refinements are presented and discussed.
Other institutional reforms 17.6.1. Long-Term Reforms The current structure is very deep, with some divisions have four authority levels below them. Divisions Public Transport Network Authority are made up of various Sections, and in turn Sections consist of various Functional Units and these
It is proposed that the City undertake a feasibility study and due diligence for the possible establishment in turn may consist of various Units. In view of the many empty posts and challenges to fill them all, the question is whether some of the lower units cannot be combined. This will reduce the number of of a Public Transport Network Authority. A “section 78” assessment in terms of the Local Government: Municipal Systems Act 32 of 2000 (MSA) must be followed as part of the feasibility study to decide managers and relieve pressure on HR requirements.
whether to use an internal or external mechanism, and also the details of such a structure. There also seem to be some overlapping functions that may be rationalised. For example, the Section under Transport dealing with Statutory Compliance can be combined with the Department Legal Services. The CoT already has three Agencies (Economic Development, Housing, and Sandspruit Water) and they are apparently not functioning well. The CoT needs to fully understand why these agencies are Other institutional reforms that need to be investigated are: not functioning well before implementing another agency. However, the Johannesburg Road and Development Agencies do seem to be functioning well, and these examples should be investigated in i. There is confusion among the officials of the Transport & Infrastructure Planning Division and order to learn from them. the Transport Operations Divisions on their respective functions. One solution would be to merge the two divisions into one division and be led by one Executive Director so that there The current challenges to integrate the IRPTN planning and Transport planning calls for a combined is better integration. Under this combined Division, a separate Section should be created for division so that all transport planning can be integrated in one division, as part of the Transport and Transport Operations. Another solution is to clearly delineate the functions between the two Infrastructure Planning Division. This matter should be addressed as part of the proposed feasibility divisions. This issue should also be resolved under the Network Authority feasibility study, as study. planning and operations are two of the functions that would be addressed.
If the planning function is to be removed from the IRPTN division, the approved conceptual A Re Yeng ii. A Transport project implementation entity could be established modelled on the Johannesburg Business Unit should then rather focus on implementation and operations. This Unit should take over Roads Agency. This entity will be responsible for the implementation of all transport projects the responsibility of all TRT operations and Tshwane Bus Services. Current IRPTN planning proposed regardless of modes, whether roads, rail, aviation etc. The entity can be established via a by- that TBS services be integrated into the A Re Yeng system, which would best be done as part of one law similar to that of the City of Cape Town or can be established by following the establishment Unit. TBS is also doing its own planning that must be integrated with the other planning. Both TRT and of an external entity (ME) with non-executive board members and CEO, subject to the MSA. TBS are owned by CoT and their operations must be integrated. Again, the City should undertake a “section 78” assessment in terms of the MSA to establish whether to use an internal or external mechanism and to decide on the details of the structure.
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Chapter 17 final.indd 21 2015/04/17 12:32:32 PM iii. It is proposed that a dedicated division is established under the Transport Department to deal 17.6.2. Short-Term Refinements to Existing City Structure with all freight related matters. In view of current challenges experienced by the Transport Department as referred to in the previous iv. The budgeting process between Province and the City must be integrated so that implementation Section, a revised organogram was developed that would fit into the existing structure. The revised can be coordinated. There is currently poor communication between the Province and the City structure would improve integration of functions, provide for better communication, and enable the and planning and implementation is not coordinated. number of empty posts to be reduced. Figure 17.3 provides an organogram of the Transport Department
v. Although there is coordination between City Planning and Transport, this coordination should and its top structure. The main features of the refined organogram are:
be strengthened. This is also called for by the coordination and integration required by the CIF The IRPTN Unit is moved to also resort under the Transport Department as a separate Division. This will and BEPP, which is lead by City Planning with inputs provided from the various Departments. ensure that all transport functions resort under the Transport Department. However, it is still kept as a An integrated Infrastructure Master Plan must be developed and maintained by all departments. separate Division as it performs a complex service driven by very tight deadlines. Its main focus will be The best structure to deliver such integrated planning and budgeting must be investigated. operations of the IRPTN and TRT, as well as implementation.
Figure 17.3: Short-term Refinements to Transport Department Organogram
Transport Department (SED)
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Chapter 17 final.indd 22 2015/04/17 12:32:32 PM All planning functions are grouped together under one Transport Planning Division, whether it is planning It has been concluded that various reforms and restructuring would be appropriate for the CoT to for the IRPTN, TRT, TBS or any other mode. The same logic is followed with regard to Transport manage public transport functions efficiently and effectively. Various initiatives and programmes led by Operations, which will deal with the operations of all modes of transport. In this way all the planning the Department of Transport and Gauteng Department of Roads and Transport, such as the planning functions are integrated regardless of mode, as well as al operational functions. and development of BRT’s and IRPTN’s, and the establishment of the Gauteng Transport Commission, as well as challenges to manage public transport, requires institutional re-organisation. The current A link is indicated between the Transport Infrastructure Division (Design, Construction) and the Regions CoT Transport Department also faces challenges to coordinate and integrate various functions, such as the Regions are essentially the implementation arm of Transport at local level. This Division will as between planning and operations, between IRPTN planning and Transport planning and between therefore play a strong coordination and supporting role with regards to the Regions in terms of transport transport planning and land use planning. Freight transport requires increased attention from the CoT infrastructure. No changes are proposed for the Transport Infrastructure Division and it remains intact. requiring increased and dedicated capacity. Each Directorate under each Division is a logical grouping by mode or function. Under each Directorate, In summary, the following recommendations are made in order for the CoT to respond to the institutional Sub-Directorates is shown as bullets. The organogram is only defined up to Sub-Directorate level. It is issues and challenges: proposed that all the Sections and Sub-Sections below Sub-Directorate level be collapsed into each Sub-Directorate which will not only provide for efficient communication, but would also reduce the • That short-term refinements are made to the existing structure in order to improve integration of number of empty posts. However, people in each Sub-Directorate can still perform different functions. planning functions across all modes, and likewise for all operational functions. An organogram indicating these improvements have been defined. The Transport Planning Information Systems Management Sub-Directorate is high-lighted as a separate box as this is a crucial function for all planning and operational work. This Sub-Directorate should be • In the longer-term that the CoT initiates a feasibility study and due diligence exercise in order strengthened and capacitated to ensure that information is up to date and well managed. to guide the restructuring of the public transport functions and recommendations regarding the establishment of a Public Transport Network Authority. The feasibility study should address the following aspects:
17.7. CONCLUSIONS AND RECOMMENDATIONS o Review details of the current subsidised bus contracts and operations;
The Institutional Framework addresses the Department of Transport’s CITP Minimum Requirements o Evaluate various options for the assignment of the bus contracting function; (DoT, 2007) as well as the Terms of Reference issued by the CoT for the CITP. o Undertake an assessment of various mechanisms of providing the municipal function in terms of Chapter 8 of the MSA; As background to the Institutional Framework, the DoT’s Minimum Requirements relating to institutional matters were summarised, as well as aspects relating to co-operative government and the assignment o Determine the operational, legal, institutional and financial impacts;
of functions to the CoT according to the Constitution and the National Land Transport Act (NLTA, 2009). o Address integration between TBS and A Re Yeng bus services; The report reviewed and assessed the following aspects: o Address integration between CITP and IRPTN planning;
• Current internal institutional structures in the City of Tshwane dealing with transport and related o Incorporate the A Re Yeng Business Unit and its functions; matters o Determine the best way of managing the bus contracts originating outside of the CoT • Current external institutional structures in Tshwane dealing with transport and related matters boundaries in order to simplify and ring-fence functions between authorities;
• Institutional plan to establish a network authority to manage the public transport network o Recommend an institutional structure; and • Structure to manage freight transport o Formulate guidelines for implementation. • Proposed institutional reform in the City of Tshwane
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Chapter 17 final.indd 23 2015/04/17 12:32:32 PM • The above feasibility study should also address the structures and delineation of functions between Transport Operations and Transportation Planning divisions;
• A feasibility study be conducted to guide the establishment of a Transport Implementation structure, as part of a “section 78” assessment in terms of the MSA to establish whether to use an internal or external mechanism and to decide on the details of the structure; and
• That a feasibility study is conducted to guide the establishment of a dedicated division under the Transport Department to deal with all freight related matters.
• Investigate together with Province how best to integrate the budgeting process between Province and the City so that implementation can be coordinated.
• Although there is coordination between City Planning and Transport, this coordination should be strengthened. This is also called for by the coordination and integration required by the CIF and BEPP, which lead by City Planning with inputs provided from the various Departments. An integrated Infrastructure Master Plan must be developed and maintained by all departments.
• Investigate the best structure to fully integrate planning and budgeting between infrastructure delivery departments and City Planning, to be done jointly by these relevant departments.
17.8. LIST OF REFERENCES
City of Cape Town, Constitution of Transport for Cape Town By-Law, 2013
City of Cape Town, MyCiTi Business Plan (Phases 1A, 1B and N2 Express), September 2012
City of Tshwane. A Re Yeng Business Plan of Tshwane’s TRT, April 2012
Department of Transport, Government Notices. National Transport Transition Act (22/2000) Minimum Requirements for the Preparation of Integrated Transport Plans, 30 November 2007
Ekurhuleni Metropolitan Municipality (EMM). Comprehensive Integrated Transport Plan (CITP), Draft Report, December 2013
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Chapter 17 final.indd 24 2015/04/17 12:32:32 PM ANNEXURE A: DETAILED INFORMATION ON BUS, MINI-BUS TAXI AND METRED TAXI OPERATORS
COMPANY FLEETSIZE AREA SERVICED CORRIDORS OF OPERATION
Origin Destination
1 PUTCO - SOSHANGUVE 348 Soshanguve Tshwane CBD/Pretoria North/ R80, N4, M36(Old Pretoria Road) Eastlynne/ Watloo/ Centurion/ Pretoria West/ Pretoria East
2 PUTCO - MPUMALANGA 607 Mpumalanga Tshwane CBD/Pretoria North/ R573, R568, N1 Eastlynne/ Watloo/ Centurion/ Pretoria West/ Pretoria East
3 PUTCO -MAMELODI 80 Mamelodi Tshwane CBD/Pretoria North/ N4, Pretoria RD. Eastlynne/ Watloo/ Centurion/ Pretoria West/ Pretoria East
4 THARI 190 Ga-Rankuwa/Brits Tshwane CBD/Pretoria North/ M17, R80, N4, R614 Eastlynne/ Watloo/ Centurion/ Pretoria West/ Pretoria East
5 Atteridgeville Bus Service 26 Atteridgeville Tshwane CBD/Pretoria North/ WF Nkomo,R55(Quagga Rd) Eastlynne/ Watloo/ Centurion/ Pretoria West/ Pretoria East
6 North West Star(Hammanskraal)BTT 190 Hammanskraal/Warmbath Tshwane CBD/Pretoria North/ N1, Old Warmbath Rd. Eastlynne/ Watloo/ Centurion/ Pretoria West/ Pretoria East
7 North West Star(Mabopane)Batswanagare 112 Mabopane/Winterveld Tshwane CBD/Pretoria North/ R80, N4 Eastlynne/ Watloo/ Centurion/ Pretoria West/ Pretoria East
8 Tshwane Bus Services 398 CBD City of Tshwane Suburbs Pretorius, Kgosi Mampuru, WF Nkomo, Helen Joseph, E’skia Mphahlele, Van Der Hoff, Madiba, Du Toit, Francis Baard, Park, Acardia, Festival, Hilda, John Shoba, Sisulu, Jeff Masemola, Rissik, Justice Mahomed, Lilian Ngoyi, Thabo Sehume, Paul Kruger, Bosman, Steve Biko, Hamilton, Soutpansberg, Quagga, Trans Oranje, Charlotte Maxeke, Robert Sobukwe, Lynnwood, Nelson Mandela, Solomon Mahlangu, R80,
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Chapter 17 final.indd 25 2015/04/17 12:32:33 PM ANNEXURE A: DETAILED INFORMATION ON BUS, MINI-BUS TAXI AND METRED TAXI OPERATORS
REGIONAL ASSOCIATION FLEETSIZE AREA SERVICED CORRIDORS OF OPERATION BODY DESTINATION ORIGIN
1 CTA - Centurion Taxi Association 270 Tshwane CBD Centurion N14, Botha Avenue, R21,Thabo Sehume,Lilian Ngoyi
2 ZMTA - Zwanani Marabastad 315 Tshwane CBD Centurion/Wierda Park R101,N14,Thabo Sehume, Lilian Ngoyi Taxi Association
3 EPTA - Elardus Park Taxi Association 112 Tshwane CBD Elardus Park/Waterkloof Sisulu, Frances Baard, Lynnwood
4 GBTA - Greater Bronkhorstspruit 749 Tshwane CBD Bronkhorstspruit/Ekangala N4, Pretoria Rd., Stormvoel Rd.,Pretorius Taxi Association
5 PPLAZA - Pretoria Plaza Taxi Association 194 Kwa Mhlanga Moloto Road, Stormvoel, Pretorius TOPICA Tshwane CBD
6 MALLDTA - Mamelodi Local and 461 Tshwane CBD Mamelodi N4, Pretoria Rd., Stormvoel Rd.,Pretorius Long Distance Taxi Association
7 MENLYN - Menlyn Taxi Association 462 Tshwane CBD Pretoria East/Menlyn Sisulu, Frances Baard, Lynnwood, Justice Mahommed,Nana Sita, Lilian Ngoyi
8 PULDTO - Pretoria United Long 88 Tshwane CBD Witbank, Mpumalanga, Siyabuswa N4, Moloto Rd.,N1, Pretorius Distance Taxi Association
9 PATNATO 77 Tshwane CBD Mahem, Hercules, Danville N4,Vom Hagen, WF Nkomo,Bloed,Struben, Boom
10 ASTOA 195 Tshwane CBD Attridgeville/Saulsville Church Street
11 BAZAAR - Bazaar Pretoria Local & 107 Tshwane CBD Marabastad/Long Distance/Bosman Boom,Struben,Frances Baard Long Distance Taxi Association
12 MELDTTA GTRTC 26 Tshwane CBD Marabastad/Long Distance/Bosman Boom,Struben,Frances Baard
13 Pretoria Station Taxi Association(PSTA) 40 Tshwane CBD Bloed Rank/Pretoria Station Boom,Struben,Bosman,Thabo Sehume
14 EERSTERUST(ETA) 96 Tshwane CBD Eersterust Stormvoel,N4,Stanza Bopape
15 Tshwane Taxi Owners Association(TTOA) 70 Tshwane CBD
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Chapter 17 final.indd 26 2015/04/17 12:32:33 PM REGIONAL ASSOCIATION FLEETSIZE AREA SERVICED CORRIDORS OF OPERATION BODY DESTINATION ORIGIN
16 Sakhile Ekangala Taxi Association(SETA) 208 Tshwane CBD Sakhile/Ekangala N4,Stanza Bopape
17 GRENTA 50 Tshwane CBD Stinkwater/Eersterus, N1,Old Warmbath Road,Lavender, Paul Kruger, Soutpans Rd.
18 GUTA 428 Tshwane CBD Ga-Rankuwa Vom Hgen, R80, E’skia Mphahlele,Boom,Struben
19 PRS 391 Tshwane CBD Olievenhoutbousch/Randburg Sophie de Bruyn, WF Nkomo, Quagga Rd.
20 Simunye Taxi Association 114 Tshwane CBD Bloed Rank/Pretoria Station/Marabastad Boom,Struben,Bosman,Thabo Sehume
21 JULDTA - Jerusalema United Long 54 Tshwane CBD Long Distance N1,Old Warmbath Road,N4 Distance Taxi Association
22 LAUDIUM - Laudium Local Taxi Association 116 Tshwane CBD Laudium R101, Quagga Rd. and Church Street
23 Lenganeng GTRTC 24 MATA 370 Tshwane CBD Mamelodi/Nellmapius Stormvoel,N4,Stanza Bopape,Pretoria Rd.,Pretorius,
25 MAWIKTA - Mabopane Winterveld 422 Tshwane CBD Mabopane/Winterveld/Klipgat R80, E’skia Mphahlele, Soutpans, Paul Kruger Klipgat Taxi Association
26 BLOEDFONTEIN 60 Tshwane CBD Motse Moloto Road, Stormvoel, Pretorius
27 BOTA CAB 147 Tshwane CBD Mabopane/Winterveld/Klipgat R80, E’skia Mphahlele, Soutpans, Paul Kruger,Boom
28 ERASMUS 387 Tshwane CBD Hebron/Erasmus R80, E’skia Mphahlele, Soutpans, Paul Kruger,Boom
29 GA-MOKONE 97 Tshwane CBD Stinkwater/Eersterus/Hammanskraal N1,Old Warmbath Road,Lavender, Paul Kruger, Soutpans Rd.
30 HATO 254 Tshwane CBD Hammanskraal/Warmbath N1,Old Warmbath Road,Lavender, Paul Kruger
31 JPM 340 Tshwane CBD Johannesburg/Midrand N1,Lilian Ngoyi,Bosman
32 PMP 180 Tshwane CBD Long Distance N1, N4,Stormvoel,N4,Stanza Bopape,Pretoria Rd.,Pretorius,Bosman, Lilian Ngoyi
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Chapter 17 final.indd 27 2015/04/17 12:32:33 PM Chapter 17 final.indd 28 2015/04/17 12:32:33 PM COMPREHENSIVE INTEGRATED TRANSPORT PLAN
CHAPTER 18 LEGAL & POLICY ASPECTS
Chapter 18 final.indd 1 2015/04/17 12:41:01 PM CONTENTS ABSTRACT 1 EXECUTIVE SUMMARY 2 18.1. INTRODUCTION 6 18.2. LEGAL MANDATE FOR THE CITP 7 18.2.1. General mandate 7 18.2.2. Minimum Requirements for CITPs in terms of the NLTA 8 18.2.3. Establishment of the City’s IPTN 11 18.2.4. DoT planning guidelines 11 18.3 POLICY RELEVANT TO THE CITP 11 18.3.1. National transport policy 11 18.3.2. Provincial transport policy 17 18.3.3. Municipal transport policy 19 18.4. LEGISLATION RELEVANT TO THE CITP 21 18.4.1. National legislation 21 18.4.2. Provincial legislation 41 18.4.3. Municipal legislation 43 18.5. LEGAL AND INSTITUTIONAL ISSUES REQUIRING FURTHER ATTENTION 44
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Chapter 18 final.indd 2 2015/04/17 12:41:01 PM CHAPTER 18 LEGAL & POLICY ASPECTS
ABSTRACT
Chapter 18 of the CITP provides a list of relevant policy documents and legislation and an analysis of the salient aspects to guide the CITP. It must be seen as a guideline only, and is not intended to be legal advice on any issue.
The CITP is prepared to comply with section 36 of the National Land Transport Act 5 of 2009 (NLTA) and the Minimum Requirements for Integrated Transport Plans published by the Minister on 30 November 2007. These Requirements are currently in the process of being revised, but the 2007 Requirements are still applicable on date of writing.
Various policies at national, provincial and City level have been analysed to guide the plan. These focus on transport aspects: there are a number of policies on development and land use planning and related aspects that have not been included in this Scan, but which have been taken into account by the technical team.
Relevant legislation (national and provincial Acts, Ordinances, regulations and City by-laws) have also been considered.
The City’s current ITP covers the period 2006 to 2011, and is being “overhauled” as required by the Minimum Requirements. The Requirements require the City to prepare a Comprehensive Integrated Transport Plan (CITP) which must provide for and include an Integrated Public Transport Network (IPTN). The Requirements are analysed in detail in the Scan.
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Chapter 18 final.indd 1 2015/04/17 12:41:02 PM EXECUTIVE SUMMARY The National Freight Logistics Strategy, 2005 was drafted as a response to the freight system’s inability to fulfil the demand for cargo movement. This has placed massive pressure on infrastructure and Introduction operations. The Strategy finds that the failure stems from an inappropriate institutional and regulatory structure. The Scan provides salient features of applicable national, provincial and municipal policy. The Road Infrastructure Strategic Framework for South Africa, 2006 found that the South African road network is facing a number of challenges which have to be addressed if road transport is to play a National policy meaningful role as a catalyst for development and an economic enabler.
The White Paper on National Transport Policy, 1996 still applies and gives general policy guidance. The National Rail Plan, 2006, updated in 2012, is a DoT sponsored initiative of PRASA and applies a priority corridor strategy to the rail networks in each region. The Moving South Africa Action Agenda, 1999 provided a 20-year vision for transport in the country. The draft PRASA Strategic Plan: Stage 2 Report – Gauteng Regional Rail Plan, 2012 deals with issues The National Land Transport Strategic Framework, 2006 (NLTSF) is a national level strategic plan prepared in terms of the NLTTA for the period 2006 to 2011. It still applies in terms of the NLTA, but such as the role of rail in Gauteng, development objectives for rail and recommended priorities on a corridor basis. requires updating. It includes key performance indicators and implementation measures with which the Province and City must comply. The National Rail Policy Draft Green Paper, 2011 (discussion document) is being developed by the DoT. Its purpose is to create a foundation and framework to stimulate discussion as input to the development The central policy document on public transport (PT) is the Public Transport Strategy and Action Plan, of a National White Paper on Rail Transport Policy which will culminate in a National Rail Act. 2007 which provides for “Modal Upgrading” and implementing “high quality, integrated mass rapid public transport networks” (IRPTNs) in the 12 largest cities and some other areas. The A Re Yeng BRT system The National Climate Change Response White Paper, 2011 deals with the problems associated with is being introduced in terms of this Strategy. climate change and greenhouse gases (GHG), and provides interventions to combat them to enable South Africa to meet its international obligations. The CITP has taken note of the GHG problem in the CITP. The National Transport Master Plan, 2010 (NATMAP) was developed by the DoT from 2007 to 2009 and focuses on infrastructure aspects. It consists of nine detailed reports, one for each Province, and a A draft National Learner Transport Policy was published for comment in November 2014 and is still consolidated report. under discussion. The Human Rights Commission made a pronouncement in 2014 which indicates that government has a constitutional duty to ensure that scholars have adequate transport to their schools. The National Land Transport Strategy for the drafting of the National Land Transport Bill, 2007 formed The implications of this will have to be considered. the basis for drafting the NLTA. It identified that the various transport functions are disjointed at present and should be consolidated at municipal level.
The Rural Transport Strategy for South Africa, 2005 is relevant to rural areas, and must be applied in Provincial policy rural areas such as those incorporated into the City from the previous Metsweding district. The Gauteng White Paper on Transport Policy, 1997 provides the high-level vision, mission and guiding The Draft National Non-Motorised Transport Policy, 2008 is current national policy on NMT and is being values of the Provincial Department and states provincial transport policy. revised. It states that a study for public transport (PT) access shows that over 90% of rural communities The draft Gauteng Provincial Land Transport Framework (PLTF), 2009 to 2014 was prepared for a 5-year do not have access to PT such as railway services, whereas 55% can be said to have no access in period in terms of section 35 of the NLTA and the PLTF Requirements published by the Minister. The metropolitan municipalities. purpose of the PLTF is to give broad strategic direction to the development of transport in the Province.
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Chapter 18 final.indd 2 2015/04/17 12:41:02 PM The Gauteng 5-Year Transport Implementation Plan, 2012 forms part of the Gauteng 25-Year Integrated National legislation Master Plan. It identifies 15 short-term initiatives and key focus areas for the Province. It also contains In terms of the Constitution all three spheres of government may make laws. Any law or conduct that detailed proposals regarding both provincial and municipal transport projects. is in conflict with the Constitution is invalid. The City is responsible for municipal planning, municipal The Gauteng Intergovernmental Transport Charter is a high level agreement between the transport public transport, municipal airports, municipal roads and traffic and parking. The national and provincial MMCs of the Gauteng municipalities and the MEC, committing themselves and their officials to work governments are jointly responsible for public transport. Rail is a national responsibility and the Province together to achieve shared transport objectives and outputs over the next 5 years. is responsible for provincial planning and provincial roads and traffic.
Chapter 2 of the Constitution provides the Bill of Rights which must be applied by the City. It must, for Municipal policy example, not discriminate, apply fair and just administrative action, allow freedom of association etc. Chapter 3 of the Constitution deals with cooperative government. The City of Tshwane Integrated Transport Plan 2006 to 2011 was developed in 2006 in terms of the NLTTA and remains the current applicable statutory ITP. It is currently being “overhauled” in terms of The NLTA is the main piece of legislation on land transport, but focuses on public transport. The DoT section 36 of the NLTA and the Minimum Planning Requirements. is planning a National Rail Act that will deal with all rail aspects. Section 11 spells out the functions of the three spheres of government. Previous functions that were only allocated to transport authorities The City of Tshwane Guidelines for the Development of Road Safety Plans, 2009 provide an overview of (TAs) are now allocated to municipalities. The City now has the full range of transport functions. The the process of developing, implementing and maintaining road safety master plans as applied by the City. City previously decided to establish a TA, but this decision was suspended pending the possible The Non-Motorised Transport Master Plan in Tshwane (Shova Kalula Bicycle Project), 2010 developed an establishment of a provincial TA (now called the GTC) and uncertainty about funding and other issues. implementation framework that will address the needs for NMT bicycle routes which can be incorporated The GTC has been established by the Province as a consultative forum in terms of a Memorandum of into the DoT National Strategy. Understanding which the City has signed. It will initially undertake some high-level functions, including integrated ticketing, integrated fare management and TDM, and will enter into more detailed agreements The Transport Policy Framework for the City of Tshwane, 2010 was prepared in terms of the NLTA with the City later on specific functions. requirement to prepare transport policy for the City and sets out the vision and strategic intent of the City’s policy. It states that issues such as high density housing and preferential road space availability The NLTA provides that the regulatory function (operating licences for PT) can be assigned to the City should receive specific attention. by the Minister, as well as the function of managing the subsidised bus contracts that are currently managed by the Province. The City has commissioned a feasibility study to investigate taking over these The Tshwane Spatial Development Framework for the Zone of Choice, 2009 found that the majority of functions. Tshwane’s population (about 56%) resides North of the Magaliesberg while only about 21% of the job opportunities in the City are found in that area. It identifies that area as a Zone of Choice (ZoC) and The City must negotiate with bus and taxi operators on the relevant routes in establishing the A Re states that one of the City’s priority planning exercises is the development of the ZoC. Yeng system with a view to involving them in the relevant contracts. The NLTA provides for mechanisms to deal with the existing interim bus contracts managed by the Province. The rail function is currently The Policy on rental of facilities to public transport operators was approved by the Council in 2005. situated at national level, but aspects of it can also be assigned to the City. The City is responsible for It deals with the rental of buildings and amenities that are provided by the City and used by public service level planning for passenger rail in consultation with PRASA. transport (PT) operators or groups of operators (associations).
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Chapter 18 final.indd 3 2015/04/17 12:41:02 PM The NLTA deals with transport planning and funding. The City must establish a Municipal Land Transport CBRTA was established to undertake these functions. Fund which may be used to fund the City’s functions under the NLTA. The interim bus contracts are The Advertising on Roads and Ribbon Development Act, 1940 regulates advertising along provincial currently funded by the PTOG grant which is allocated to the Province, but must be re-allocated to the roads in Gauteng until section 44 of the Gauteng Transport Infrastructure Act, 2001 comes into operation. City by the annual DOR Act once the City has concluded the relevant contracts. The Intergovernmental Relations Framework Act, 2005 provides for intergovernmental relations, The Municipal Systems Act provides for issues such as procurement, assignment of functions to the City, including agreements (protocols) between organs of state and dispute resolution. establishment of municipal entities etc. The MFMA deals with financial and budgeting issues, including PPPs. The Municipal Property Rates Act, 2004 is also relevant. The Consumer Protection Act, 2008 regulates issues such as information that must be provided to passengers, ticketing, multi-journey tickets etc. A Division of Revenue Act (DORA) is passed each financial year (1 April to 31 March) to provide for the division of revenue collected nationally between the three spheres of government. The City is entitled to The National Environmental Management Act, 1998 (NEMA) requires that environmental implications an equitable share of this revenue. The DORA also provides for conditional grants to the City such as are investigated and public participation is undertaken whenever certain prescribed projects are the PT Operations Network Grant (PTNOG) and the PT Infastructure and Systems Grant (PTIS) that are undertaken. For example the building of public facilities and road schemes require an environmental provided by national government to fund A Re Yeng. impact assessment (EIA).
The SANRAL Act, 1998 creates SANRAL which is responsible for all aspects relating to national roads. The National Heritage Resources Act, 1999 requires certain procedures, including public participation, The City has liaised with SANRAL as regards, for example, the planning of national roads in the City’s where a project affects a location or structure of historical significance. The Act establishes the South area and on the effects of e-tolling. African Heritage Resources Association (SAHRA), which may identify national and provincial heritage sites and protected areas. The Legal Succession Act, 1989 provides for the establishment of PRASA and Transnet. The City has also liaised with these institutions, for example in doing service level planning for passenger rail, which The Financial and Fiscal Commission Act, 1997 creates the FFC which gives advice to organs of state must be done in consultation with PRASA, and with Transnet in planning freight nodes and hubs. The in all three spheres of government on financial and fiscal matters. If functions are to be assigned to the draft NLT Amendment Bill, if passed in its current form, will require the City to conclude a service level City under the NLTA the Minister must first notify the FFC of the financial and fiscal implications of the agreement with PRASA on this issue. assignment on the future division of revenue and on other specified aspects, and obtain the FFC’s input.
The Airports Company Act, 1993 creates ACSA which owns and manages the main international The Spatial Planning and Land Use Management Act, 2013 has been promulgated but is not yet in airports, including O R Tambo International Airport. The City owns and manages municipal airports such operation. It will repeal the Development Facilitation Act, 1995 (DFA) and the Physical Planning Act, 1967. as Wonderboom. It provides a list of development principles and provides for the development of norms and standards for land use management and development. It also requires the development of spatial development The National Road Traffic Act, 1996 and NRT Regulations, 2000 deal with licensing of drivers and frameworks (SDFs) in the three spheres of government. vehicles, road traffic signs and markings, rules of the road etc. The AARTO Act, 1998 provides for a decriminalised system to enforce road traffic laws. It is currently in force in the City’s area and the area The Control of Access to Public Premises and Vehicles Act, 1985 controls access to public premises of the City of Johannesburg. The Road Traffic Management Corporation Act, 1999 provides for the and vehicles and will enable the City to control access to premises such as the TRT stations and Control establishment of the RTMC. Centre.
The Cross-Border Road Transport Act, 1998 deals with the regulation of freight and passenger transport The Disaster Management Act, 2002 requires the City to establish and develop a framework for disaster crossing international borders. This is done in accordance with international agreements, such as the management (DM) and a DM Centre. The Act will apply to any disasters that occur for example in PT SA Customs Union Memorandum of Understanding (SACU MoU) and SADC Transport Protocol. The facilities.
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Chapter 18 final.indd 4 2015/04/17 12:41:02 PM The Promotion of Administrative Justice Act, 2000 (PAJA) and its regulations provide that where the input to the plan. Once a first draft of the plan is available, there must be a further public participation City undertakes any administrative action as defined in the Act, it must notify affected persons and allow procedure, and the City must include a report on the public participation processes followed together them the opportunity to comment. This can involve either a “notice and comment” procedure or one with the CITP. or more public hearings. The City must comply with PAJA when performing administrative actions that
affect the rights of persons, for example establishing PT facilities. Municipal legislation The Promotion of Access to Information Act 2 of 2000 allows persons to obtain access to information The City is empowered to make by-laws under the Constitution and Systems Act. Various other acts held by the State, or by another person where the information is required for the exercise or protection also empower by-laws, such as the National Road Traffic Act and Local Government Ordinance. The of any rights. It also applies to information held by “public bodies”. The Act and its regulations provide City has various relevant by-laws, e.g. on roads, parking, parking meters, outdoor advertising etc. It is for procedures for and format of requests for information. currently drafting public passenger transport by-laws and is revising its parking meter by-laws. The Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 aims to promote equality
and prevent and prohibit unfair discrimination and harassment. The Act prohibits and criminalises Institutional aspects certain practices related to discrimination, including hate speech. It also provides for various measures to prevent discrimination and harassment. During 2004 the City undertook a study for the possible establishment of a transport authority (TA) in terms of the National Land Transport Transition Act (NLTTA). However, the NLTA, instead of the
previous approach of providing for dedicated transport authorities, allocates the full range of transport Provincial legislation functions to municipalities. The City may establish a municipal entity in terms of the Municipal Systems The Gauteng Transport Infrastructure Act, 2001 deals with provincial roads and railway lines. Act if it so wishes to undertake one or more transport functions. This must be preceded by a “section 78 assessment” in terms of Chapter 8 of the Systems Act. The Gautrain Management Agency Act, 2006 creates the GMA and provides for management of the Gautrain Rapid Rail Link and related matters. The MEC has established the Gauteng Transport Commission (GTC) as a province-wide TA. The detailed functions of the GTC still have to be determined in agreement with the municipalities in the The Gauteng Transport Framework Revision Act, 2002 provides for co-ordination structures that are Province. now largely defunct and need to be revived. It was amended in 2008 to create the Gauteng Transport Management Authority (GTMA), but these provisions have been repealed in view of the establishment Legal and institutional issues requiring further attention. of the GTC. The Scan identifies some of these issues, including: The Gauteng Provincial Road Traffic Act, 1997 deals with fees for road traffic matters, e.g. motor vehicle - The need for closer interaction with SANRAL and the Province on roads issues licences. - Dealing with existing permits and operating licences on routes on which the TRT is being The Local Government Ordinance 17, 1939 provides powers of municipalities to establish parking established garages, ranks, stands, terminals etc., to let, sell or dispose of municipal property and specific powers to - The need for closer links between transport planning, development planning and land use make by-laws. The Town Planning and Townships Ordinance, 1986 provides procedures for establishing planning. townships and related matters.
The Gauteng Regulations on Procedures to be followed in Promoting Public Participation in the Transport Planning Process, 2013 require the City to give notice that it is engaged in the CITP process and invite
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Chapter 18 final.indd 5 2015/04/17 12:41:02 PM 18.1 INTRODUCTION FFC Financial and Fiscal Commission GCR Gauteng City Region The purpose of this document is to provide a list of relevant policy documents and legislation and an GFIP Gauteng Freeway Improvement Project analysis of the salient aspects to guide the CITP, not only to ensure policy and legal compliance but to ensure that the City takes the necessary steps to rise to the challenges set by those documents. GMA The Gautrain Management Agency GPPRTA The Gauteng Public Passenger Road Transport Act 7 of 2001 The document must be seen as a guideline and cannot take the place of specific legal advice on individual aspects. Efforts have been made to collect and deal with relevant legislation and the most GTC The proposed Gauteng Provincial Transport Commission important policy documents, but the legislation and documents dealt with do not necessarily form an IDP Integrated development plan
exhaustive list, and do not purport to deal with every single aspect that is relevant to the CITP. More IGRFA The Intergovernmental Relations Framework Act 13 of 2005 documents will be added as the project progresses. The document does not attempt to summarise the IPC Intermodal planning committee various documents, but to highlight some aspects of importance to the CITP and CITP process. IPTN Integrated public transport network
IRPTN Integrated rapid public transport network Glossary and acronyms ITP Integrated transport plan The following terms and acronyms are used in the document: LTAB Land transport advisory board
AARTO Act The Administrative Adjudication of Road Traffic Offences Act 46 of 1998 LITP Local integrated transport plan
AFC Automatic fare system ME Municipal entity
A Re Yeng The City’s BRT System MEC The MEC responsible for public transport in the Gauteng Provincial Government, BRT Bus rapid transit or, where applicable, the MEC of another province responsible for public transport
CBRTA The Cross-Border Road Transport Agency MFMA The Local Government: Municipal Finance Management Act 56 of 2003
CITP Comprehensive integrated transport plan Minister The national Minister of Transport
City The City of Tshwane Metropolitan Municipality NATMAP The National Transport Master Plan, 2010
COGTA The national Department of Co-operative Governance and Traditional Affairs NEMA The National Environmental Management Act 107 of 1998
CPA The Consumer Protection Act 68 of 2008 NHRA The National Heritage Resources Act 25 of 1999
CPTR Current public transport record NMT Non-motorised transport
DITP District integrated transport plan NLTA The National Land Transport Act 5 of 2009
DM Disaster management NLTSF The National Land Transport Strategic Framework
DORA Division of Revenue Act NLTTA The National Land Transport Transition Act 22 of 2000
DoT The national Department of Transport NRTA The National Road Traffic Act 93 of 1996
NRT Regulations The National Road Traffic Regulations, 2000
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Chapter 18 final.indd 6 2015/04/17 12:41:02 PM NWA The National Water Act 36 of 1998 18.2. LEGAL MANDATE FOR THE CITP OL Operating licence 18.2.1. General mandate OLS Operating licence strategy
PAJA The Promotion of Administrative Justice Act 3 of 2000 The legal mandate for the preparation of the CITP by the City is found in section 36 of the National
PLTF Provincial land transport framework Land Transport Act 5 of 2009 (NLTA). Section 36 of the NLTA requires the City to prepare an ITP in accordance with the requirements prescribed by the Minister, which are dealt with in 18.2.2 below. The PPP Public-private partnership MEC may also prescribe requirements for the ITP: as far as could be ascertained the Gauteng MEC has PRASA The Passenger Rail Agency of South Africa so far not prescribed any such requirements, but has published regulations on consultation procedures PRE Provincial Regulatory Entity (see later).
Province The Gauteng Department of Roads and Transport or the Gauteng Provincial The City is defined as a planning authority in the NLTA and must prepare the ITP and submit it to the Government, as the context indicates MEC by the date determined by the Minister, who must approve it in relation to the matters listed in PT Public transport section 36(4) – these are matters of provincial concern such as monitoring the plan for compliance with
PTIC Public Transport Integration Committee the provincial land transport framework (PLTF) and with applicable legislation, checking on procedures and financial issues that affect the Province, etc. The CITP must be updated as often as prescribed – in PTIS Public Transport Infrastructure and Systems Grant terms of the Requirements it must be updated annually and subjected to a complete “overhaul” every PTOG Public Transport Operations Grant five years. PTNOG Public Transport Network Operations Grant During 2004 the City undertook a study for the possible establishment of a transport authority (TA) in Ratplan Rationalisation plan terms of the NLTTA. However, the NLTA, instead of the previous approach of providing for dedicated Requirements The Minimum Requirements for Integrated Transport Plans published on 30 transport authorities, allocates the full range of transport functions to municipalities1. The City may still November 2007 in Government Gazette 30506 (Notice R.1119) establish a TA as a separate legal entity, which must be a municipal entity as provided for in the Systems Act. An assessment under Chapter 8 of the Systems Act will have to be done as a precursor. The work RTMC Road Traffic Management Corporation done on the 2004 project should be used as input either to establish an ME or a dedicated department RTMC Act The Road Traffic Management Corporation Act 20 of 1999 or business unit within the City’s administration. SANRAL The South African National Roads Agency The MEC has established a provincial Gauteng Transport Commission (GTC) as a province-wide TA SANRAL Act The South African National Roads Agency Limited and National Roads Act 7 of for Gauteng.2 The detailed powers, functions and duties of the GTA are still being negotiated with the 1998 municipalities, and when they have been finalised, the GTA will undertake some of the City’s transport SDF Spatial development framework functions on behalf of and in agreement with the City. The GTC will undertake those functions, such as SPLUMA The Spatial Planning and Land Use Management Act 16 of 2013 through-ticketing, at a provincial level in agreement with the municipalities.
Systems Act The Local Government: Municipal Systems Act 32 of 2000 The City’s previous ITP covers the period 2006 to 2011, hence the current project to overhaul and TA Transport authority replace it.
TDM Travel (transport) demand management 1 Section 11(1)(c) of the NLTA 2 See 4.2.2 below 18 7
Chapter 18 final.indd 7 2015/04/17 12:41:02 PM 18.2.2. The Minimum Requirements for ITPs planning with PRASA” and be in line with the National Rail Commuter Plan11. For this purpose Rail Plan Committees were established by PRASA in each metropolitan area, and this Committee has been 3 These Minimum Requirements were published in terms of the previous NLTTA and still apply despite subsumed into the Intermodal Planning Committee (IPC) that the City has established in terms of section 4 the repeal of the NLTTA. These Requirements are currently in the process of being revised, but the 15 of the NLTA. 2007 Requirements are still applicable on date of writing. The City has submitted comments on the draft 12 new Requirements to the DoT. The Requirements deal with the interaction between the ITP and IPTN . They provide that where an IPTN plan is in place it will not be necessary for the City to prepare an additional full Operating Licence The Requirements require the City to prepare a Comprehensive Integrated Transport Plan (CITP) which Strategy (OLS) and Current Public Transport Record (CPTR) for the areas covered by the IPTN, i.e. there must provide for an Integrated Public Transport Network (IPTN), among others. This network must should not be duplication between the IPTN and the OLS and rationalisation plan (ratplan) components take account of all road and rail based public transport services in the municipal area. The IPTN must of the ITP. This applies provided that the IPTN plan is able to guide the board (Provincial Regulatory eventually provide a plan for rationalised integration of all public transport (PT) services in a manner that Entity – PRE) as required by section 9.5 of the Requirements. These provisions also apply to the ratplan. optimises movement of persons from point to point in the system and which provides for the best value for government provided subsidies. The Requirements also deal with the inter-relationship between the various transport plans and frameworks, the planning principles to be applied and the procedures for preparing and gaining approval 5 As a metropolitan municipality the City is a Type 1 planning authority and must prepare a comprehensive for the ITP. These will not be elaborated here. ITP (CITP). The MEC must ensure co-ordination of the planning processes and ensure that the plan includes public transport (PT) services operating across the municipal boundary 6. The CITP must contain The City must prepare the ITP for a five year period. Existing ITPs remain in force until amended or replaced. The ITP must be subjected to a “total overhaul” every five years and must be updated annually. a long term component which identifies a long-term vision and objectives for the transport system in the 7 The update must focus on action programmes and budget. The City may do more comprehensive region and an incremental strategy for achieving the objectives over time . The CITP must thus include updates if it wishes and should do so if the development of the IPTN will bring about changes. The “annual action plans” specifying the projects to be implemented. The Requirements provide that in the Requirements provide that “the preparation of a CITP inclusive of an IPTN will become mandatory with case of road-based PT contracts the planning authority (City) must design and put out to tender such 13. The current ITP for the City covers the period 2006 to 2011, services8. It may also enter into negotiated contracts in terms of section 41 of the NLTA (see later). the next complete overhaul of the CITP” so the City is currently obliged to overhaul the plan comprehensively for the years 2012 to 2016 and to The Requirements refer to the national Public Transport Action Plan, 2007 which requires “a robust include the IPTN in the ITP. network operational plan which also includes integrating the road-based and non-motorised systems The CITP must first include an executive summary. with the rail priority corridors” and “a process of business planning and negotiation to maximally include existing operators and labour (especially the minibus sector) in the network (for both road based and The plan must at least consist of the following chapters, although it may cover more (the Tshwane CITP Metrorail priority corridors)”.9 will cover additional aspects, such as airports):
Control over the supply of PT services on the planned network will increasingly be exercised by the City through including operators into performance-based contracts. Chapter 1: Introduction
Regarding rail services, the City must determine a long-term strategy which identifies per corridor (within This must indicate responsibility for preparing the CITP and refer to agreements and determinations, the larger network) the role of the different modes and the actions required to develop each mode to fulfil if any, by the MEC and other introductory aspects. It must describe the institutional and organisational its role effectively10. Until devolved, rail planning should be integrated through “co-operative governance arrangements affecting the functioning of the City and liaison and communication mechanisms.
3 Published under Notice R.1119 in Government Gazette 30506 of 30 November 2007 7 Page 8 9 Page 10 12 On Page 12 4 Section 8(4) of the NLTA 8 Page 8 – subject to section 41 of the NLTA which 10 Page 11 13 Page 17 5 11 18 Page 5-6 of the Requirements allows for negotiated contracts in certain circumstances Page 12 6 Page 7 8
Chapter 18 final.indd 8 2015/04/17 12:41:02 PM Chapter 2: Transport vision and objectives Chapter 6: Public transport operational strategy
The vision statement must be formulated within the framework of the 1996 White Paper (discussed This must include the minimisation and optimum allocation of subsidy based on user needs and the below) and other approved national and provincial transport policy such as the NLTSF, PLTF, Gauteng avoidance of land use distortions and longer travel distances. As the Public Transport Action Plan, 25-Year and 5-Year Integrated Master Plans etc. as well as local policies and strategies. Specific 2007 requires the City to improve PT to a level where it is of high quality and car competitive, detailed objectives must be formulated. operational plans must be developed and submitted to the DoT. The network operational plan must at least deal with, among others, a plan for the total new PT network, i.e. routes, services, frequencies and
mode decisions and include competent plans for the contracted and non-contracted services. It must Chapter 3: Transport register also include a regulatory plan dealing with the implementation of gross cost contracts that incorporate The transport register must summarise the information in the Current Public Transport Record (CPTR). existing operators (including minibus taxi operators) and a financial plan for the operational funding It must distinguish supply and demand information on, among others, road based public transport (PT) of the system. Rail aspects must be integrated. For those parts of the municipality not covered by the in total and by primary corridor for bus, minibus taxi and long distance services, as well as the total IPTN, if any, a comprehensive OLS and rationalisation plan (ratplan) must be developed.
number of routes, fleet size, frequencies (trips in peak hour), corridor capacities etc. It must also specify The IPTN, and the ratplan for areas not covered by the IPTN, must set out the proposed plan for utilisation of regular, daily services including commuter transport and transport for learners, and specify subsidised, contracted, road-based services including, per contract, the proposed routes and frequencies rail, bus and minibus taxi (commuter services) by corridor, passenger volumes (peak hour and daily) and and fleet-requirements per route and the changes to be made to the current contracted services in order trends if available and demands in relation to supply by corridor for each mode. to implement the proposed plan. It should include the restructuring of services where there is duplication The requirements for the CPTR are set out in detail in paragraph 9.4 of the Requirements and include or where services are not economically or financially feasible. detailed route descriptions, descriptions of facilities etc. There are also detailed requirements for the The Ratplan should set out (page 27 of the Requirements): OLS (9.5) and ratplan (9.6). • The proposed plan for the subsidised, contracted, road-based services, including, per contract, the proposed routes and frequencies and fleet requirements per route; Chapter 4: Spatial development framework • The changes to be made to the current contracted services in order to implement the proposed The spatial development framework (SDF) developed for the IDP must be integrated with the transport plan plan. The SDF must be taken up in the integrated transport plan clearly showing existing and intended • The estimated impacts and benefits, both positive and negative, and transport corridors and nodes and areas earmarked for mixed land use and densification. This must • An implementation programme and budget. empower the City to manage any change in intensification of land use which deviates from that in the The rationalisation strategy should take into account (page 28)− SDF. • The restructuring of services where there is duplication or where the services are not economically
or financially feasible; Chapter 5: Transport needs assessment • The provision of subsidised services in relation to the availability of unsubsidised services as per This must give adequate attention to measures to promote PT, the needs of learners and persons with the OLS; and disabilities, NMT, private transport and travel demand estimation. The transport needs of the community • A broad consideration of special types of services including social services, services for people must be determined and adequately described, based on an interpretation of the transport register, with disabilities and services for learners. public participation and stakeholder feedback and transport demand estimation.
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Chapter 18 final.indd 9 2015/04/17 12:41:02 PM The Ratplan must be prepared with a view to the following (page 54 and 55 of the Requirements): Chapter 9: Freight transport strategy
a) Rationalising subsidised services within and between modes; The City must develop a freight transport strategy covering the transporting of goods to, from and through b) Determining where and to what extent subsidies should be paid; the area by road and rail. It must identify routes for moving goods to promote seamless movement and c) Rationalising subsidised services across the borders of planning authorities and in relation to to avoid conflict with other road traffic. It must include a plan for the movement of dangerous (hazardous) goods as required by section 36(3) of the NLTA. In preparing the strategy the City must have regard to interprovincial transport; the National Freight Logistics Strategy, 2005 (see below). The planning of the movement of dangerous d) Minimising the level of subsidy; goods presents challenges for the CITP, as it is currently managed by the road traffic authorities in e) Minimising competition between subsidised services; terms of the National Road Traffic Act and Regulations. The traffic authorities (the City’s Metropolitan f) Structuring subsidised service contracts or concessions in such a way to attract sufficient Police and provincial traffic inspectorate) have been consulted and “kept on board” during the process competitive bidding by qualifying tenderers; of developing the plan. The City must comply with the various SABS and SANS Standards on the g) Ensuring that routes and route networks are utilised optimally so as to meet passenger needs Transportation of Dangerous Goods which have been incorporated into the National Road Traffic (NRT) effectively and efficiently; and Regulations by regulation 273A. h) Facilitating the future development of an integrated public transport system.
The word “modes” embraces all public transport modes, including the rail mode. Chapter 10: Other transport related strategies (for NMT, safety and security)
The PT operational strategy must have both a short term and long term focus. The City must also develop strategies for NMT and a safety and security strategy as it relates to PT. This CITP includes some additional strategies, such as an Airports Strategy and Parking Strategy. One of the expected logistical challenges is that the City may agree that the operational strategy be prepared by the Province as part of the Gauteng City Region/GTC. This would effectively mean that the Province could become the planning authority for this in the future, among other aspects. Chapter 11: Summary of local plans [not relevant to the City as a metropolitan municipality]
Chapter 7: Transport infrastructure strategy Chapter 12: Funding strategy and summary of proposals and programmes
This strategy must contain a synopsis or summary of proposals and programmes provided for in the This chapter must deal with the development and type of all transport infrastructure including major roads, public transport facilities and rail infrastructure. It must include proposals for new and for the plan. They must be realistic and not too ambitious, either in financial terms or with regard to capacity. improvement of existing PT facilities and major roads. Only firm schemes on which work will commence Where appropriate projects should be phased over a realistic period or relegated to a future year or within the planning period must be included. It must include measures to give priority to PT where such planning cycle. The proposals and programmes must link to the IDP and form the sectoral component of the IDP. measures are practical and economically justified.
The funding strategy must deal with sources of income and funding constraints and include a financial Chapter 8: Travel (transport) demand management programme with expected sources of revenue and estimates of expenditure over the five-year period of the plan. The focus must be on actions that are possible in the light of secured financial resources. Appropriate measures aimed at managing transport demand must be identified and analysed. This must All actions must be prioritised in relation to the allocation of funds. The strategy must conclude with a include Intelligent Transport Systems (ITS) and Transport System Management (TSM). Regard must be budget and programme for a five-year period. The funding strategy for the first year will be in substantially had to the definition of TDM in the NLTA. greater detail than the following four years.
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Chapter 18 final.indd 10 2015/04/17 12:41:02 PM Chapter 13: Stakeholder consultation 18.3. POLICY RELEVANT TO THE CITP The extent and results of all consultation with affected parties, including operators, commuters and communities, must be described. The City’s CITP will include a wider range of stakeholders, such as Section 85(2)(b) of the Constitution obliges the Minister and the executive branch of government to develop and implement national policy. This is echoed by section 5(1) of the NLTA. Similarly, the MEC airport users, freight operators etc. The CITP includes a Public Participation Strategy. may publish provincial land transport policy after consulting municipal planning authorities.15 The Minimum Planning Requirements for ITPs require the City to determine vision and objectives of the City 18.2.3. Establishment of the City’s integrated public transport network (IPTN) for transportation in its area within the framework of national and provincial policy, and local policy and strategies.16 The NLTA defines an IPTN as “a system in a particular area that integrates public transport services between modes, with through-ticketing and other appropriate mechanisms to provide users of the system Policy is a statement by government of what it intends to do, and is not legally binding until it is translated with the optimal solutions to be able to travel from their origins to destinations in a seamless manner”.14 into legislation, i.e. national or provincial acts or municipal by-laws. However, all organs of state, including the City, should be guided by and give due observance to government policy as stated in the various Section 36 of the NLTA requires the City to prepare an ITP in accordance with the requirements policy documents mentioned below. If there is a conflict between policy and legislation, the legislation prescribed by the Minister, as stated above. The CITP in the case of metropolitan municipalities must applies, i.e. overrides the policy until the legislation is amended. The policy must guide the CITP as include an IPTN. Details of how the IPTN must be developed and incorporated into the ITP are outlined regards goals and objectives, which will culminate in the projects and programmes developed as part in the Requirements dealt with above. of the CITP process.
Read with the 2007 Public Transport Strategy and Action Plan, the IPTN may include an Integrated Rapid Public Transport System (IRPTN), such as the current and planned TRT system of the City, as 18.3.1. NATIONAL POLICY one of its components, but that system must not be seen as the be-all and end-all of the IPTN. 18.3.1.1. The White Paper on National Transport Policy, 1996 The TRT and CITP were initially developed as separate processes, but the two processes will have been synchronised in the course of the project, and the TRT planning forms part of the larger integrated This White Paper still provides the overall basis for transport policy in the country. It is still important system in terms of this CITP. because it set the scene and established the vision for transport in the country after the 1994 elections. It has been augmented by various policy documents mentioned below. It provides for a number of policy
principles, including the following: 18.2.4. DoT Planning Guidelines - Land use development proposals must be subject to a land use/transport policy framework The DoT has published Technical Transport Planning Guidelines for Comprehensive Integrated Transport within an agreed development planning process. This indicates that the land use and transport Plans in February 2009 to give substance to the Minimum Planning Requirements mentioned above. planning processes must be undertaken together and integrated. The Guidelines provide detailed requirements with regard to preparing the transport register, transport - The effective functioning of cities and industrial areas must be enhanced through integrated needs assessment etc. which form part of the ITP. This document was applied in preparing the CITP as planning of land use, transport infrastructure, transport operations and bulk services. a guideline supporting the Requirements.
14 Section 1 15 Section 9(1) of the NLTA 16 At Page 21 18 11
Chapter 18 final.indd 11 2015/04/17 12:41:02 PM It recognises the importance of local government by providing17 that: 18.3.1.2. The Moving South Africa Action Agenda, 1999
“The principle of subsidiarity and devolution of public passenger transport functions, powers and duties The Moving South Africa Project, 1998-1999 of the DoT published a discussion draft of its report, to the lowest appropriate level of government is confirmed. “Towards a Transport Strategy for 2020: Report and Strategic Recommendations” in September 1998. The Minister published the Moving South Africa: The Action Agenda - A 20-year Strategic Framework for The metropolitan conurbations in particular are, however, of major importance, and a large proportion Transport in South Africa of South Africa’s transport activities take place within metropolitan areas. Institutional arrangements in May 1999. The project’s objective was to design a programme of strategies, White Paper into should recognise this. Government is committed to the principle of subsidiarity.” informed by facts and data, that extended the short to medium-term policies in the a “long-term strategic formulation embodying the sets of trade-offs and choices necessary to realise This White Paper also states that: the vision as set out in the White Paper.” The report covered the “performance gaps and strategic challenges” facing five “customer groups” - freight transport users, and passengers in the urban, rural, A greater “The use of more energy efficient and less pollutant modes of transport will be promoted. long-distance/tourism and “special needs” transport systems. It also covered “cross-cutting issues energy awareness will be fostered in both planners and users of land passenger transport through affecting the long term sustainability of the transport system as a whole.” Detailed strategies for each public awareness programmes, differential fuel prices etc.” of the above “customer groups” were described. Moving South Africa refers to many of the legacies The White Paper provides that there must be a fundamental shift away from monopolistic situations. of the previous land transport arrangements as well as to far-reaching changes in national objectives Rail will remain a national competence until provincial or metropolitan authorities are in a position to resulting from the transition to democracy, such as an increasing emphasis on the importance of public take over responsibility. Operating and maintenance concessions must be awarded, initially at national transport provision and meeting customer needs, as opposed to the previous application of public funds level and later at provincial or metropolitan level. The current deficit funding system must be replaced to transport infrastructure in a way that prioritised commercial and private car users in general over by a concession system. Concessioning on a competitive basis to the public or private sector will cut public transport customers. MSA stresses the need to “unwind this legacy”, for its “creative destruction”, fare evasion and improve services. Transport authorities (now read appropriate planning authorities, i.e. for re-creating the transport system to serve customer needs and “the nation”, and to develop “customer municipalities) will determine fare levels based on a common cost structure. differentiated, leading edge capabilities to suit the specific needs of individual customer segments.”
As regards freight, the White Paper provides that government will strive to level the playing fields to The Action Agenda provides a vision, introduction, and discussion of the strategic challenges, strategic enable fair competition between the various land transport modes. A formal consultative forum must actions and key targets for each of the following: urban passenger transport, rural passenger transport, be established between government, public and private sectors, operators and stakeholders. A formal special needs customers, tourist and long-distance customers and freight transport. working relationship must be established between the DoT, the Department of Public Enterprises and The NATMAP report (see 4.1.4 below) states that the Action Agenda has the necessary plans in place Transnet to promote co-ordinated planning, management and operations. yet the infrastructure challenges have not yet been solved. It also states that transport planning, funding As regards rail infrastructure, the White Paper states that it may be undesirable for the roles of provider and regulation should devolve to local level but rail transport has not yet been devolved to local or and regulator (player and referee) to be embodied in a single institution. In these instances ownership provincial level and is still a national concern. and regulation of transport infrastructure should be separated. The national sphere will own commuter
rail infrastructure and rolling stock until provinces or metropolitan transport authorities are able to take 18.3.1.3. The National Land Transport Strategic Framework, 2006 over this responsibility. The institutional, operational and funding aspects of rail transport are still under discussion, with a view to developing a comprehensive National Rail Act. The NLTSF is a national level strategic plan prepared in terms of section 29 of the NLTTA18 and is recognised in terms of section 34(2) of the NLTA and so is still applicable. The plan provides a strategy
17 At Page 21 18 Published in Government Gazette 29307 of 27 October 2006
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Chapter 18 final.indd 12 2015/04/17 12:41:02 PM for the years 2006 to 2011, so is currently out of date, but the principles it espouses should still be The Strategy provides that planning authorities should build, expand and maintain continuous networks regarded as valid unless replaced by later policy. of formal walkways (sidewalks, off-road paths, safe crossings, pedestrian bridges etc.) and dedicated cycleways along lines of high demand. A major objective is to protect walkers and cyclists from conflict The NLTSF is stated to be the national policy with respect to land transport. Various policy principles are with motorised modes, which is a leading cause of road fatalities. stated, for example: - Priority for public transport and greater promotion of NMT Walking and cycling will be actively supported as preferred modes. Where walking distances are too long, transport plans will assess the scope for measures to support cycling, especially for scholars. - Transport planning: change to a demand-driven system Infrastructural measures and services such as bicycle repair services will be considered. Successful - Formalisation of taxi associations and their members and conversion of permits to operating demonstration projects promoting NMT will be rolled out to other areas. See 4.1.8 below on the National licences (OLs) NMT Policy that is currently being developed. - Local transport plans will inform the national-level institutions responsible for rail service provision It is important to note that Part 4 of the Strategy19 deals with key performance indicators (KPIs), some of - The co-ordination of institutional responsibilities relating to land transport must be promoted which affect the City. These include a number of issues on which the national and provincial governments - Land transport functions must be integrated with related functions such as land use and economic must report, such as the promotion of PT usage including average travel times to work, percentage of planning and development persons using PT to work etc. - A more balanced sharing of freight transport between road, rail and pipeline modes will be Part 5 of the Strategy deals with implementation20. There are a number of strategies and actions with promoted based on economic and efficiency grounds - The needs of special categories of passengers must be considered in planning and providing which the City must comply. The following list is not exhausted and the Strategy should be consulted for more detail: public transport infrastructure, facilities and services insofar as possible by means of the system providing for mainstream transport • PT must be promoted over private transport. The City must assess all land transport activities in terms of whether they will achieve this aim. It must strive for improved levels of service, comfort, - Land transport planning, infrastructure and operations must take cognisance of and be supportive of tourism strategies in the interests of development. affordability, safety and sustainability; • PT law enforcement must be improved; Paragraph 2.15 of the NLTSF provides as follows: • PT services must become safer for passengers; “Non-motorised transport must be promoted as an important aspect of transport and improving • Selected PT infrastructure will be upgraded; mobility for people in rural and remote areas. Non-motorised transport must also be promoted • Operating licence strategies (which form part of the CITP) must be fast-tracked; so as to assist in interventions to address congestion in urban areas. Therefore, provision of • Expired interim and tendered bus contracts must be replaced with new tendered or negotiated Non-motorised transport infrastructure, bicycles and donkey carts will be undertaken coupled contracts; with promotion of safety issues.” • Road based passenger transport contracts will be designed in terms of transport plans; Paragraph 3.10 under “General strategies on land transport” recognises that walking is a major mode of • Define the size and scope of the commuter rail network; transport and the dominant mode in rural areas. 76% of scholars walk to their educational institutions in • The transport sector must make inputs to the Urban Renewal Strategy; urban areas, and 91% in rural areas. The challenge is to make walking and cycling the preferred modes in South Africa for their appropriate distances. • Delivery of the road network must be made more efficient;
19 Pages 38 to 43 20 Pages 44 to 59 18 13
Chapter 18 final.indd 13 2015/04/17 12:41:02 PM • The Regional Rail Plan must be aligned with the City’s ITP; 18.3.1.5. The Public Transport Strategy and Action Plan, 2007
• Development of freight corridors and integration of freight modes will be promoted; Currently the central policy document on public transport is the Public Transport Strategy and Action • etc. Plan, 2007. One of the major objectives of the NLTA was to implement the provisions of this Strategy, which has two major thrusts: The first is “Modal Upgrading”, which refers to effecting significant and 18.3.1.4. The National Transport Master Plan, 2010 (NATMAP) urgent improvements in current public transport services through short-term interventions.
NATMAP was developed by the DoT from 2007 to 2009 and focuses on infrastructure aspects. It consists The second thrust is to implement “high quality, integrated mass rapid public transport networks” in the of nine detailed reports, one for each Province, and a consolidated report. The project was done in four metropolitan cities and some other areas. In the metropolitan cities this refers to rail priority corridors phases: being upgraded to “rapid network quality” and for road-based services to be developed as bus rapid a) Phase 1: Status quo report of transport in each Province transit (BRT) corridors. The modal upgrading initiatives also need to be aligned to this approach. b) Phase 2: Analysis of transport data for the Province The three critical implementation building blocks are described in the strategy as: c) Phase 3: Forward planning d) Phase 4: Agenda for action • Integrated Rapid Public Transport Network Implementation Plans • Transport authority control over integrated networks The reports run to more than 1000 pages and contain numerous data and recommendations that are • A maximum stake for existing bus/minibus sector in rapid public transport network operations. important for the CITP process. Regarding planning, the Phase 4 report states the following: The Public Transport Action Plan forms the basis for establishing bus rapid transit (BRT) systems in “One of the problems identified has been that the planning is strongly sectoral and mode-centred. the 6 (now 8) metropolitan municipalities and in at least 4 other large cities, as well as selected district This could lead to conflicts and a lack of strategic vision. For example proposals to upgrade roads municipalities. This has been provided for in the NLTA which provides for establishing IPTNs in the that favour private cars could clash with policies to promote public transport. A need has thus metros and other appropriate cities. been identified for more centralised, multimodal and strategic policy direction. This could best be provided by an overarching forum such as the proposed [national] Multimodal Policy Forum.” Section 11 of the Public Transport Strategy deals with “High quality non-motorised transport networks”22. It provides that NMT, particularly walking and cycling, will serve as an important mode of transport in the The report recommends that there should be national legislation to establish the Multimodal Forum in IRPTNs that are proposed for the abovementioned cities and areas. It provides that actions to improve the form of the proposed National Transport Planning and Implementation Bill which is currently under NMT linkages fall into three main categories: discussion at the DoT. - Planning Some of the other recommendations of this report were the following: - Infrastructure and design linked directly to the rapid public transport (PT) projects as well as for • Legislation should provide for limiting freight transport to designated national routes, or measures priority local areas, and such as pre-tolling should be used to counter the problem of abuse of provincial and regional - Other generic actions which serve as supportive programmes to facilitate NMT usage. roads.
21 • Legislative efforts should be made through the new proposed Rail Act to provide incentives to move freight back from the road to the rail mode, provided rail infrastructure and operations are sufficiently improved.
21 The DoT is in the process of commissioning a project to 22 Page 60 of the report investigate the drafting of a comprehensive Rail Act 18 14
Chapter 18 final.indd 14 2015/04/17 12:41:03 PM 18.3.1.6. The National Land Transport Strategy for the drafting of the National Land Transport of co-ordinated rural modal linkage development, which is a responsibility of local government, and the Bill, 2007 development of demand-responsive, balanced and sustainable rural transport systems.
This Strategy formed the basis for drafting the NLTA. It identified that the various transport functions are The rural strategy identifies the “missing middle” which operates as a bar to mobility. It states that in disjointed at present and should be consolidated, and provides as follows: sub-Saharan Africa much of rural transport involves walking or carrying. In some areas handcarts are “In the current environment in South Africa of widely subsidised public transport, it would seem used for short distance transport. Motorised transport tends to be overcrowded and expensive relative that there are four essential elements which need to be placed at a single sphere of government to local incomes. Lack of access to appropriate medium distance transport can constrain people from for effective delivery: meeting, marketing, trading and producing efficiently. One of the strategies to solve the problem is the promotion of NMT and intermediate modes of transport, such as animal-drawn carts. Actions to achieve • Planning and co-ordination this are divided into infrastructural actions and operational actions. • Service delivery With the incorporation of Metsweding into the Tshwane area many rural areas have been included, and • Regulation and market entry, and the Rural Strategy thus becomes of greater importance. • Monitoring
This proposition suggests that ideally all these should be positioned at the municipal sphere. However 18.3.1.8. Draft National Non-Motorised Transport Policy, 2008 it is necessary distinguish between different categories of municipality and recognise the question of capacity and efficiency.” This draft policy states that the study for public transport access shows that over 90% of rural communities do not have access to public transport such as railway services, whereas 55% can be said to have no The Strategy proposed that the regulatory function and the functions of the Operating Licensing Boards access in metropolitan municipalities. NMT was not a preferred transport solution or a government should eventually be assigned directly to the Metropolitan Municipalities. It places the responsibility for sanctioned transport mode. The household travel survey shows that less than 0.9 % use a cycle as their public transport on the shoulders of the City, within the framework of national and provincial policy and mode of transport. legislation. By way of policy, the document states that the DoT will co-operate with relevant government departments, The Strategy has chapters on all of the modes of land transport. In terms of rail passenger transport, it and stakeholders in developing an institutional and legal framework that responds positively to the states that the DoT will develop a comprehensive Rail Act that will deal with all aspects of rail transport. needs, and implementation of the NMT transport system The DoT has revived this NMT policy and is As stated in 4.1.13 below, the DoT has produced a draft Green Paper (discussion document) on a still subjecting the draft and updated policy to a public participation process. National Rail Policy, which will culminate in a White Paper (final policy document).
18.3.1.9. The National Freight Logistics Strategy, 2005 18.3.1.7. The Rural Transport Strategy for South Africa, 2005 This Strategy This Strategy is more relevant to rural areas, but should be borne in mind in relation to the rural areas was drafted as a response to the freight system’s inability to fulfil the demand for cargo movement. This has placed massive pressure on infrastructure and operations. The failure stems from of the City. Among other things, it provides for a rural transport development programme and actions. an inappropriate institutional and regulatory structure.23 One of the goals of the Rural Strategy is “the promotion of non-motorised transport” and it views the provision of rural transport infrastructure and services as a way of creating sustainable economic development, empowering people socially and addressing poverty. Strategic thrusts include the promotion
23 Executive Summary p.ii
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Chapter 18 final.indd 15 2015/04/17 12:41:03 PM This Strategy identified various problems: will be necessary to redefine national coordination structures and to strengthen province-municipality • Road infrastructure condition assessment indicated that more sections of national roads are structures or establish new structures where they exist.” It recommends that a Roads Coordinating Body in very good, good or fair condition than provincial roads. The latter are being made worse by should be established.27 operators who do not wish to pay toll fees on key trunk routes, driving their vehicles on provincial
roads not designed for such heavy loads. 18.3.1.11. The National Rail Plan, 2006/2012 • Deregulation of freight in 1988 coupled with shortcomings in the rail system led to a move from The National Rail Plan, August 2006, is a DoT sponsored initiative of the former SA Rail Commuter rail freight to roads. Corporation and Metrorail (now combined into PRASA).28 The Plan was updated in 2012. It applies a • The road system is facing gradual degradation due to underlying shortcomings of the system, priority corridor strategy to the rail networks in each region. It attempts to reflect the broader transport e.g. investment levels in the road network are estimated to be half what they should be. planning perspective of travel corridors and forms part of an attempt to provide a base for a new beginning for rail planning and for rail aspects to be integrated into larger integrated transport planning. The Strategy recommends, among other things, that government should retain majority ownership of critical infrastructure and remain responsible for network development and management.24 Its main objective is to secure the future of commuter rail in South Africa by applying a priority rail corridor strategy in each of the network regions. The Rail Plan has largely become a business plan for The Strategy will have a bearing on the CITP as regards freight movements to, from and through the PRASA after the merger of SARCC and Metrorail. City. In terms of the NLTA the City is responsible to manage the movement of persons and goods on land within its area by co-ordinating such movement.25 As regards transport planning, it provides that: “The Regional Railplans seek to clarify the role that commuter rail should play in the context of The Freight Strategy deals with the Pyramid Freight Logistics Hub being developed to the North of an integrated approach to public transport provision and to have this role permanently included Tshwane by Transnet as part of the national Strategic Infrastructure Policy (SIP), forming part of the in regional transport policy, through the Integrated Development Plan, Integrated Transport Plan Gauteng “ring-rail” freight network. and Integrated Public Transport Planning processes.” 29
18.3.1.10. The Road Infrastructure Strategic Framework for South Africa, 2006 18.3.1.12. The PRASA Regional Rail Plan
The draft PRASA Strategic Plan: Stage 2 Report – Gauteng Regional Rail Plan, 2012 deals with issues This Framework identifies the problem that the South African road network is facing a number of challenges which have to be addressed if road transport is to play a meaningful role as a catalyst for such as the role of rail in Gauteng, development objectives for rail and recommended priorities on a development and an economic enabler. There needs to be an improvement of integrated planning of corridor basis. It also deals with rail network capacity and infrastructure in the Province. It states that the road network and co-ordination with the rail, air and shipping modes.26 This highlights the problems Metrorail passengers in Gauteng are about double those in the Western Cape and four times those of co-ordination currently being faced by municipalities, because SANRAL is responsible for national in KwaZulu-Natal. One of the objectives of the plan is to promote integration between land use and roads, the Province is responsible for provincial roads and the City for municipal roads within its area. transport (i.e. rail) planning. It states that modal integration is an important component to developing The need for co-ordination is thus vital. rail hubs and capturing the passenger market more effectively. Other modes of public transport such as 30 minibus taxis and buses have the ability to provide essential feeder services to stations. The Framework contains action plans to achieve its objectives. It states that “it will be necessary to take clear actions towards streamlining and co-ordinating service delivery. To serve this purpose it
24 Page 38 27 Page 110 to 111 29 Final Report August 2006 Executive Summary p. 1 25 Section 11(1)(c)(vi) 28 See the Legal Succession to the South African 30 At page 46 18 26 Page 14 Transport Services Amendment Act 38 of 2008 16
Chapter 18 final.indd 16 2015/04/17 12:41:03 PM 18.3.1.13. The draft White Paper on National Civil Aviation Policy, 2005 18.3.1.16. The draft National Learner Transport Policy, 2014
32 The DoT has advised that this draft White Paper is out of date and that there are a number of issues that This draft policy was published for comment on 13 November 2014. Its objective is to promote scholar are still unresolved. The DoT is working on a new green paper on aviation policy, which will be included transport and its recommendations are still under discussion. Of importance is that the Human Rights when available. Commission (HRC) made the following pronouncement on 28th August 2014 in relation to a matter in KwaZulu Natal:
18.3.1.14. The National Rail Policy Draft Green Paper, 2012 “The failure and/or neglect of the Respondents [i.e. the KwaZulu-Natal Province] to provide learners of the schools set out in paragraph 5.2 above with subsidised transportation to and The DoT is in the process of developing this Green Paper (discussion paper). Its purpose is to create back from schools constitutes a violation of their right to basic education as per section 29(1)(a) a foundation and framework to stimulate discussion as input to the development of a National White of the Constitution.” Paper on Rail Transport Policy. All pertinent rail transport policy issues will be dealt with in the policy. The Green Paper is still subject to internal discussion in the DoT and its progress once it is available will be This statement could have significant implications for government as a whole. Scholar transport has monitored. It will culminate in a White Paper (final policy document). At the stage of writing the national been considered in formulation the CITP. rail policy is still in a state of flux. 18.3.2. PROVINCIAL POLICY 18.3.1.15. The National Climate Change Response White Paper, 2011 18.3.2.1. The Gauteng White Paper on Transport Policy, 1997 This White Paper deals at length with the problems associated with climate change and greenhouse This was published in November 1997. It provides the high-level vision, mission and guiding gases, and provides interventions to combat them to enable South Africa to meet its international White Paper values of the Provincial Department. It states as a policy principle that: obligations with regard to climate change. It states that South Africa has relatively high emissions for 31 a developing country. By any measure it is a significant emitter of greenhouse gases (GHG). Its “The Department will strive for the development of an integrated, affordable and accessible emissions could grow fourfold by 2050. It states that “large mitigation contributions will have to come transport system for the region. To achieve this, the Department will, within any area or transport from energy generation and use … and moving to a less emissions intensive energy mix”. corridor, review the role of the different modes of transport and will consider incentives and policy instruments to promote and develop transport in such corridors with priority given to public Of importance to the CITP is that it states that “Policy decisions on new infrastructure investments must transport.” 33 consider climate change impacts to avoid the lock-in of emissions-intensive technologies into the future”. It also states that the Department will assist in providing affordable public transport by mechanisms such This issue has been given too little attention in previous transport planning and is now looming large as a 34 vital issue. It is thus essential that the CITP must consider and provide for interventions to lower carbon as financial assistance to users or operators. However the needs of users are considered paramount. The White Paper deals at a high-level with all aspects of transport in the Province. emissions, for example by providing for NMT and by reducing the need to travel.
The DoT produced a Guide to Low-Carbon Transport in 2011 in response to the COP 17 Conference that was held in Durban that year.
31 At page 26 32 Notice 1004 in Government Gazette 38207 33 Page 7 34 Page 12 18 17
Chapter 18 final.indd 17 2015/04/17 12:41:03 PM 18.3.2.2. The draft Gauteng Provincial Land Transport Framework (PLTF), 2009 to 2014 development to public transport. In addition, there has also been a move from a supply-driven transport system to demand-driven transport system, based on plans. The environment within The Province must prepare the PLTF for a 5-year period in terms of section 35 of the NLTA and the which transport planning is to be done has also changed considerably. requirements promulgated by the Minister. These requirements were published on 3 October 2011.35 The purpose of the PLTF is to: Given this ever changing environment, a revised planning approach has been adopted in the GLTF. The overall approach has therefore been adapted to deal with this paradigm shift and • Give broad strategic direction to the development of transport in the province, therefore now: • Give an overview of the status quo of transport in the province from a provincial perspective, • Focuses on essential matters for particular focus areas; • Indicate land use trends and desirable spatial development in the province and what transport measures will be put in place to support that development, • Gives priority to matters where planning can be transformed into delivery within a reasonable time frame and address the identified needs; • Give an overview of development initiatives in the province, • Is developed incrementally, and • Report on monitoring of transport in the province, • Is reviewed every two years within the context of the new institutional environment.” • Indicate and summarise actions to co-ordinate and integrate transport planning by municipalities and other organs of state, and Regarding the Global City Region (GCR), the draft Plan states that “it articulates the case for • Indicate how the MEC has implemented the functions assigned to the province by the NLTA. building Gauteng as a globally competitive city-region. It stresses the importance of understanding the functional economic geography of the city-region such as, how the different components The requirements also outline the chapters that the PLTF must contain. The PLTF must summarise the relate to each other, their comparative and competitive advantages, and how people, capital ITPs of municipalities in the Province.36 flows and business linkages shape the regional economy.” The PLTF must include routes for transporting dangerous (hazardous) goods through the province. 37 The Gauteng 25-Year Integrated Master Plan and 5-Year Implementation Plan have been completed as These routes must be reflected in the CITP. a special initiative of the MEC, and are discussed below. It is not clear whether these plans are intended The NLTA provides that the dates for preparing ITPs by municipalities must be linked with the PLTF and to replace the PLTF or to form part of it. There is ongoing engagement with the Province on this issue, must be agreed between the MEC and the City.38 which should be monitored.
The Province produced a PLTF for the period 2002 to 2007 which was approved by the Minister. The MEC must update the PLTF every 2 years. Section 35(8) of the NLTA provides that the PLTF approved 18.3.2.3. The Gauteng 5-Year Transport Implementation Plan, 2012 under the NLTTA will apply until replaced by a later plan. This Plan, published in October 2012, forms part of the Gauteng 25-Year Integrated Master Plan. It has A Final Draft PLTF for the years 2009 to 2014 has been prepared and circulated for comment, apparently the following as key short-term initiatives and key focus areas:39 in terms of the 2011 regulations, but has not yet been approved. Officials in the City have indicated that 1. Transport authority for Gauteng the consultation process with municipalities in developing the draft PLTF was/is inadequate. The draft 2. Provincial-wide Public Transport Information Centre Plan states that: 3. “One Province One Ticket” “There has been a significant change in transport policy in recent years following the White Paper on National Transport Policy, 1996. Firstly, there has been a shift in focus from infrastructure 4. Integration with the Commuter Rail Corridor-Modernisation Project of PRASA
35 Called Regulations relating to Minimum Requirements for the 36 Section 35(7) of the NLTA 39 Page xi – page 15 of Report Preparation of Provincial Land Transport Frameworks, 37 Section 35(5) of the NLTA 18 2011 in Government Gazette 34657 (Notice R.825) 38 Section 35(6) of the NLTA 18
Chapter 18 final.indd 18 2015/04/17 12:41:03 PM 5. Restructured subsidised road-based public transport 18.3.2.4. The Gauteng Intergovernmental Transport Charter
6. Transformation of the taxi industry The Gauteng 5-Year Implementation Plan reports that this Charter is a high level agreement between the 7. Greener public transport vehicle technologies transport MMCs of the municipalities and the provincial MEC in Gauteng, committing themselves and 8. Travel demand management, less congestion and shorter travel times the public officials in their respective spheres to work together to achieve shared transport objectives 9. Access to major freight nodes and outputs over the next five years. The national and provincial legislative framework details the respective roles and responsibilities for transport of different spheres of government in Gauteng. Within 10. International and city airports this framework, the Charter sought to set out what they want to achieve collectively, and to provide a 11. Pedestrian paths and cycle ways high level agreement about the nature, scope and form of co-operation and co-ordination between the 12. Continued provincial-wide mobility provincial and local spheres on transport roles and responsibilities. 13. Effective management of existing transport infrastructure The status of this Charter should be established, and whether it still requires confirmation or review by 14. Regulation and enforcement the City. The Charter should be monitored as input to the CITP. 15. Accessible transport
Regarding the proposed GCR the Plan states that the primary objective of the GCR is to build Gauteng 18.3.3. MUNICIPAL POLICY into an integrated and globally competitive region where the economic activities of different parts of the province complement each other in consolidating Gauteng as an economic hub of Africa and an The City has a number of policy documents relating to transport, development planning, land use internationally recognised global city-region. The main aim is to encourage greater internal coherence planning etc. These have been taken into account in developing the CITP. Some of the more relevant and co-operation within the province for greater external competitiveness. It includes some areas of transport-related policies are dealt with below. other adjoining provinces such as Rustenburg (North West), Sasolburg (Free State) and Witbank/
Middelburg (Mpumalanga). 18.3.3.1. The City of Tshwane Integrated Transport Plan 2006 to 2011 The Plan proposes a “Transport Network Hierarchy” as follows: The current ITP was developed in 2006 in terms of the NLTTA. It remains the currently applicable plan in • Rail mainly being the backbone of an integrated multi-modal system; terms of section 93(2) of the NLTA. It is currently being “overhauled” in terms of section 36 of the NLTA • Creation of a clear Public Transport Network hierarchy that provides a balance between mobility and the Minimum Planning Requirements. The ITP is designed to guide transport development and and accessibility, through optimal deployment of modes onto the network; operations in the City. • Roads that primarily support public transport such as the SPTN (Strategic Public Transport Part of the current brief is to update and overhaul the ITP and transform it into a CITP. In the process, Network) should have definitive characteristics to support public transport such as dedicated information and policies in the ITP should be used to build upon and as a basis for the CITP, unless in lanes, ITS, public transport shelters and stops and other accommodation to make public transport conflict with current policy or legislation. accessible and attractive; • A hierarchy of roads that provides mobility roads (Class 1 and Class 2) and roads which enhance accessibility (Class 4 and 5) with Class 3 roads that provide a balance between mobility and 18.3.3.2. The City of Tshwane Guidelines for the Development of Road Safety Plans, 2009 access. These Guidelines were developed in May 2009 to provide an overview of the process of developing, implementing and maintaining road safety master plans as applied by the City. Road safety projects
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Chapter 18 final.indd 19 2015/04/17 12:41:03 PM are identified, mapped and listed for further investigation and evaluation. These data are then used to 18.3.3.5. The Tshwane Spatial Development Framework for the Zone of Choice, 2009 prioritise the proposed measures in order to ensure that the measures which would have the biggest This document finds that the majority of Tshwane’s population (about 56%) resides North ofthe impact on improving road safety are implemented. This guideline document also provides examples of applicable road safety treatments which can be implemented and which have proved to be successful. Magaliesberg mountain range while only about 21% of the job opportunities in the City are found North The Guidelines should be used as input to the CITP. of that mountain range. It identifies that area as a Zone of Choice (ZoC) and states that one of the City’s priority planning exercises is the development of the ZoC.
This is important for the CITP as the development of infrastructure and public transport operations 18.3.3.3. Non-Motorised Transport Master Plan in Tshwane (Shova Kalula Bicycle Project), 2010 should be prioritised in the ZoC areas. This Plan was prepared in April 2010. The objective of the investigation was to develop an implementation
framework that will address the needs for NMT bicycle routes which can be incorporated into the DoT 18.3.3.6. The City of Tshwane Smart City Policy National Strategy. The Plan examines all various aspects of NMT in the City and concludes that the City of Tshwane with its NMT Master Plan commits itself to transforming NMT within the City. The city The Smart City concept is a concept which forms part of Tshwane’s long-term Growth and Development will have to make available the necessary resources, in terms of funding, manpower and equipment, Strategy (GDS). to provide a service which is of such a standard that it can be confidently marketed to current users, as The Smart City concept is one of the GDS’s focus areas: well as potential new users. The Plan has been used as input to the NMT Strategy which forms part of the CITP. • Governance • Sustainable development and natural resources
18.3.3.4. The draft Transport Policy Framework for the City of Tshwane, 2010 • Health promotion and poverty alleviation • Economic development This draft Policy was prepared in terms of the NLTA requirement to prepare transport policy for the City. • Smart City It sets out the vision and strategic intent of the policy. As regards land use planning it states that issues • Liveable city such as high density housing and preferential road space availability should receive specific attention in transport planning. Specific directives on topics like multiple storey low cost housing, size of stands for The City prepared the Smart City concept (as part of the GDS) to work on its vision to make Tshwane a 40 private housing and access to public transport, are required. city where all have access to computer technology – a city that leads the way in e-government services and where the infrastructure supports access to such services. The report sets out proposed policy directives.41 These include that a road based integrated public transport network will be made part of the public transport system. Seamless public transport services, The concept of a Smart City is underpinned by: with ease of transfer by commuters from one mode of transport to another, should be accommodated • Affordability and accessibility of technology (Connect the city electronically to the world) at identified transport nodes. It also provides that NMT, i.e. cycling and walking, will be promoted and • Smart innovations in service delivery (using e-cards) catered for in land-use and city planning. Specific plans for the implementation of these modes, with the objective to improve mobility, will be drawn up. • E-government and public administration (Create a well-connected city so as to improve efficiencies and ensure seamlessness) • Smart industries, smart people, and • Development of a knowledge economy in Tshwane.
40 At page 20 41 Starting at page 50 18 20
Chapter 18 final.indd 20 2015/04/17 12:41:03 PM 18.3.3.7. The Safer City Policy 18.3.3.8. The Policy on rental of facilities to public transport operators, 2005
In order to achieve a safe and secure environment, the Tshwane Safer City Policy (2008) has been On 23 November 2005 the Council passed a resolution on the rental of facilities to public transport compiled, which forms part of the Growth Development Strategy (long-term strategy planning framework). operators. It deals with the rental of buildings and amenities that are provided by the City and used by Safer City initiatives are recognised to be “game changer interventions”, with their implementation process PT operators or groups of operators (associations). The policy provides that: supported by the City’s IDP. The Tshwane Metro Police Department (TMPD) leads the program and • If the operator is subsidised, he/she must pay the full economic rental for the facility. shares responsibilities with various other relevant departments such as Community Safety Department, • If the operator is unsubsidised, e.g. in the case of the minibus taxi industry, a nominal rental should Disaster Management, Department of Transport and Roads, Public Works and Infrastructure, SAPS, etc. be charged (R1 060 per annum at that stage), but full charge should be made for services such as This comprehensive policy framework comprises four priority areas and recognises all municipal water and electricity. If more than one association is involved they should contribute pro rata. departments to work together. The strategic objective is to ensure sustainable communities with clean, healthy and safe environments and integrated social services. According to the Service Delivery and Budget Implementation Plan, key activities are identified that aim to reduce the number of incidents (fire, rescue, specialised humanitarian, disaster, and transport incidents). In terms of road safety this implies 18.4. LEGISLATION RELEVANT TO THE CITP strengthening of Road Policing interventions in order to comply with the road safety plan. Overall, the key focus is crime prevention with road safety being one of the components that contributes to create 18.4.1. NATIONAL LEGISLATION a safer city.42 18.4.1.1. The Constitution of the Republic of South Africa, 1996 In detail, the four priority areas below serve as the plan of action: In terms of the Constitution, all three spheres of government may make laws. National and provincial • “Safer City through environmental design” to ensure that all departments of the City of Tshwane’s laws are called acts. Provincial ordinances passed before the coming into effect of the new Constitution (CoT) contribute to a safer city through proper design and effective use of the built environment remain in force and have the status of provincial acts. Municipalities may make by-laws. The functional in order to achieve reduction in the incidence and fear of crime. areas in regard to which the spheres of government may make and administer laws are set out in • “Build community capacity for safety” to uplift the community to enable and/or capacitate them Schedules 4 and 5 to the Constitution. to provide or nurture for themselves in a legitimate manner The national Parliament may make laws with regard to any matter, including a matter within a functional • “Restore culture of respect for the law” to encourage the community to build a culture of respect 43 area listed in Schedule 4, but excluding a matter listed in Schedule 5. Schedule 4 includes the for the law and participative citizenship functional areas of public transport, environment, pollution control and road traffic regulation. Provinces • “A partnership approach” to foster integrated and joint responsibility between all CoT departments may make laws on matters listed in Schedules 4 and 5, and any other matter assigned to them by 44 and relevant role players (private sector, community and NGOs). That is supposed to assist, national legislation. Schedule 5 lists matters of exclusive provincial competence to make laws. In invest and participate to ensure optimal community safety to all. addition to acts promulgated by them, provinces administer all provincial ordinances that are applicable to them and were promulgated before 1994. The Safer City Policy provides the framework and overarching strategy for the Tshwane Road Safety Strategy. Therefore, the CITP road safety component should be consistent with this policy. Municipalities may make by-laws on matters within the functional areas set out in Part B of Schedule 4 and Part B of Schedule 5 of the Constitution, or any other matter assigned to them by national or
42 TMPD: Safer City Policy: Action Plan, 2010 43 Section 43 44 Section 104 18 21
Chapter 18 final.indd 21 2015/04/17 12:41:03 PM 45 provincial legislation. An example of the latter is section 80A of the National Road Traffic Act (NRTA) the NLTA. The progress of these regulations should be monitored, as the draft that has been published which empowers municipalities to make by-laws on various road traffic issues. The matters on which deals with issues such as principles for transport planning. municipalities may make by-laws include municipal public transport, municipal roads, municipal planning 18.4.1.2.1. Land transport planning and traffic and parking. Section 156(2) of the Constitution provides that a municipality may make and administer by-laws for the effective administration of the matters which it must administer. By-laws must Section 31 of the NLTA provides general principles for transport planning. The national government be published in the Provincial Gazette and must be accessible to the public.46 must develop the NLTSF in terms of the Act, provinces must produce PLTFs and municipalities (called
47 planning authorities) must produce ITPs. ITPs must be developed in accordance with the Minimum Any law or conduct that is in conflict with the Constitution is invalid . In terms of administrative law a Planning Requirements for ITPs gazetted by the Minister on 30 September 2007 which still apply in law or act that is in conflict with the Constitution will stand until declared invalid by a competent court. terms of section 8(4) of the NLTA (dealt with in detail in 3.2 above). In terms of Part B of Schedule 4 of the Constitution the City is responsible for municipal planning, Apart from the other functions allocated to municipalities, the City is responsible for service-level planning municipal public transport and municipal airports. In terms of Part B of Schedule 5 it is responsible for for passenger rail on a corridor network basis in consultation with PRASA.49 municipal roads and traffic and parking.
Chapter 2 of the Constitution provides the Bill of Rights. The City is obliged to comply with the Bill The City must establish an Intermodal Planning Committee (IPC) consisting of prescribed officials and representatives of operators.50 The functions of the committee are to co-ordinate public transport of Rights in all aspects. This includes, for example, that it must not discriminate, it must apply just administrative action, must allow freedom of association etc. between the modes. One of the main objectives is to co-ordinate with the rail mode and ideally the City should enter into a service level agreement with the Passenger Rail Agency of South Africa (PRASA) in Chapter 3 of the Constitution deals with cooperative government. The City as an organ of state must, that regard, although that is not yet a statutory requirement. among other things, co-operate with other organs of state in mutual trust and good faith by coordinating The City may, if it wishes, establish a Land Transport Advisory Board (LTAB) with representatives of its actions and legislation with that of the other organs of state and avoid legal proceedings against government and the private sector to advise it on land transport matters.51 The City is in the process of them.48 establishing an LTAB.
18.4.1.2. The National Land Transport Act 5 of 2009 18.4.1.2.2 Institutional issues The NLTA is the main piece of legislation dealing with land transport and public transport. As stated Establishment of a transport authority above the Constitution assigns the function of public transport to provinces and national government concurrently, and the function of municipal public transport to municipalities. One of the objectives of The previous Transition Act (NLTTA 22 of 2000) provided for the establishment of transport authorities the NLTA is to flesh out the allocation of these functions, and section 11 of that Act provides detail in (TAs) by municipalities as separate legal entities (juristic persons). Only one was established, in this regard and allocates more detailed functions to the spheres. One of the other policy objectives of eThekwini (Durban area). The NLTTA preceded the Systems Act and the MFMA which both provide for the Act is to consolidate functions at the municipal level where possible so as to avoid the previous the establishment of municipal entities (MEs) as separate legal entities and provide for procedures and fragmentation of functions. Accordingly section 2(d) of the NLTA states that a purpose of the NLTA is to requirements to establish and manage them. “consolidate land transport functions and locate them in the appropriate sphere of government.” The Act During 2004 the City undertook a feasibility study with a view to establishing a TA for the City. This was is in the process of being amended. The amendments are mostly of a technical nature and will not have a substantial impact on the City. The DoT is also in the process of producing more regulations under approved by Council subject to investigation of the TA’s proposed functions. However, the MEC stopped
45 Section 156 47 Section 2 49 Section 11(1)(c)(xix) 46 Section 162 48 Section 41(1) 50 Section 15 18 51 Section 16 22
Chapter 18 final.indd 22 2015/04/17 12:41:03 PM work by the City on the project in view of the proposed creation of a provincial TA which culminated in to a municipality it must arrange or, if necessary, reorganise its administration so that the function of the establishment of the Gauteng Transport Management Authority (GTMA) in 200852. There was also managing and funding transport matters and land use planning, as well as the other related functions uncertainty about funding the entity and the pending preparation of the NLTA. contemplated in the Act, are integrated. There is also a need for permanent and dedicated liaison and co-ordination between the technical structures and departments within the City. When the NLTA was drafted it was decided in consultation with COGTA and the National Treasury that transport legislation should fall into line with the local government legislation, so the concept of TAs as As regards the taking over of subsidies, this is governed by the DORA Act for the financial year in such was removed from the NLTA. Instead, municipalities have been given wide powers to undertake question – currently Act 10 of 2014. Subsidies are currently paid to the provinces as part of a conditional the full range of transport functions, most of which were previously allocated to TAs (section 11(1)(c) of grant called the Public Transport Operations Grant (PTOG). The conditions for how this money must be the NLTA). Municipalities are free to establish municipal entities (MEs) to undertake some or all of the spent are set out in the Grant Framework published under the DORA Act each year. range of transport functions mentioned in the NLTA. Before doing so the City must embark on a number The Province currently manages the “old order” interim bus contracts, including the Putco, North West of investigations and processes under the MFMA and Systems Act. Star and other contracts in Tshwane. The DORA Acts provide that the Province must establish a Public In addition to the powers and functions set out in section 11 of the NLTA, the functions of issuing Transport Integration Committee (PTIC) consisting of all 3 spheres of government which must oversee operating licences for public transport services and of managing the existing bus contracts between the the process of cities establishing their Integrated Public Transport Networks (IPTNs). It is envisaged Province and operators can be assigned to the City (see below - these functions currently vest legally in that once the City has an acceptable ITP and has established its IPTN, the PTOG subsidy funds can the national sphere but are being undertaken by the Province). To do this there is also a process to be be transferred to the City (see also the Contracting Regulations made under the NLTA). The Treasury followed and approvals to be obtained. The national Minister must do the assignment. has introduced a Public Transport Network Operations Grant (PTNOG) to provide operational funding for cities to implement their IRPTNs. The DORA also provides for a Public Transport Infrastructure and By way of comparison, the City of Cape Town has established a “transport authority” called Transport for Systems Grant (PTIS). This money is paid to the City to fund infrastructure for the A Re Yeng BRT Cape Town (TfCT) by means of by-laws. The purpose of TfCT is as follows: system. “Transport for Cape Town is a local government entity that will transform Cape Town’s current As stated above, the MEC has established the Gauteng Transport Commission (GTC) in agreement with fragmented transport system into an integrated, multi-modal system that puts commuters first the municipalities in the Province. A Memorandum of Understanding (MoU) in this regard has already – resulting in more efficient, affordable and safer public transport. Ultimately commuters will be been signed with the City and the GTC is negotiating with the City as to which transport functions it will able to cycle, use MyCiTi bus, Golden Arrow buses, take a train or mini bus taxi with a single undertake. ticket. … Once the Authority has been established, public transport will be governed by one body and by the same set of policies and standards for all train, bus and mini-bus taxi operators – in The purpose of the GTC is to act as a joint forum between the Province and municipalities on transport effect shifting the focus of transport governance from the operator to the commuter.“ issues. It is not a formal provincial entity or separate juristic person at this stage, but the intention is that it will eventually culminate in the formation of a more formal structure, possibly established by provincial TfCT is a section or division with the structure of the City of Cape Town, as is not an ME. legislation. The idea is that the GTC will focus on specific transport issues on a per-project/per-issue As regards eThekwini (Durban), section 93(5) of the NLTA provides that existing TAs must be basis and will form sub-committees or hold specific meetings on the projects/issues. The GTC will then disestablished and that the municipality must restructure its administration to absorb the TA functions. undertake detailed interaction with the relevant municipalities in relation to each transport function listed in section 11(1)(c) of the NLTA, and enter into specific agreements in relation to each function. Those The NLTA envisages that municipalities should arrange or re-arrange their internal structures to agreements will specify the division of functions and tasks between the Province and City in each case promote integration. Section 17(4) provides that where the operating licensing function is assigned and will focus on implementation.
52 The GTMA never became operational, and the legislation establishing it has been repealed. It will be replaced by the proposed GTC. 18 23
Chapter 18 final.indd 23 2015/04/17 12:41:03 PM Some high level functions are listed in clause 4 of the MoU, as follows: - The City may establish one or more municipal entities in terms of the Systems Act as a private
- Integrated rail planning; company or service utility (which is a separate juristic person) to undertake some or all of its - Intelligent transport systems in respect of integrated ticketing/integrated fare management, transport functions. This must be preceded by a “section 78 assessment” in terms of Chapter 8 Gauteng-wide passenger transport information and traffic management; of the Systems Act to establish whether the function should be provided internally or externally. - Development of the BRT systems; - The City has made it a priority to establish its IPTN and integrate public transport services, including rail services, in its area with through ticketing, i.e. a system similar to the “Oyster Card” - Sustainable transport options, including NMT; system in London. - Travel demand management (TDM); - Co-operation with transport stakeholders, and - The City is commissioning a feasibility study to see whether the operating licensing (regulatory) function should be assigned to the City, i.e. whether the City should become a municipal - Any other role assigned by the Governing Body of the GTC. regulatory entity (MRE). The feasibility study must establish whether the City has the necessary
capacity and that the necessary funding arrangements have been made. In order to provide the The City has suggested that the following functions be added to the initial list: full range of transport functions the City should take over this function when it is ready to do so. - Demarcation of roads functions between municipal roads and provincial roads, and also as to However, it may be better for this function to stay provincial in the GCR situation. One practical the identities of certain municipal and provincial roads. problem is that the provincial PRE is not functioning at full capacity at present and has not been for some time, resulting in serious backlogs of operating licence applications. - The issue of the assignment of the currently provincially-managed subsidised bus contracts to the municipalities. The functions of the Public Transport Integration Committee (PTIC) created by - Similarly the City could ask the Minister to assign the contracting function in relation to the DORA to oversee the process of integrating the interim bus contracts should also be addressed existing old order contracts. A feasibility study has also been commissioned for this function. by the GTC, and its relationship with the PTIC should be specified. Alternatively the GTC should The implications of taking on this function must also first be examined. While the function still take over this function from the PTIC. rests with the Province the City should liaise closely with the Province to ensure integration and proper planning of bus services. The GCR situation may dictate that the function should stay - The GTC should have the specific function of identifying and filling gaps in municipal planning in provincial and be performed by the proposed provincial GTC. terms of the municipal ITPs and implementing the provisions of the Gauteng 25-Year and 5-Year Transport Master Plans. - The City’s municipal bus service (TBS) must also be integrated into the IPTN.
- There should be structured interaction with entities such as SANRAL, PRASA, ACSA and other - The City should enter into a service level agreement with PRASA in relation to passenger rail stakeholders in the projects or issues that affect them on a per-project basis. services. There should also be integration with the Gautrain services, as well as the proposed - The interaction between the GTC and the municipal Intermodal Planning Committees (IPCs) extensions of those services. and Land Transport Advisory Boards (LTABs) should be specified. - The City must participate actively with the Province and other Gauteng Municipalities to ensure successful implementation of the GTC. The City should do a detailed evaluation of all transport
functions listed in section 11(1)(c) of the NLTA and decide whether they should ideally be The City’s position vis-à-vis “transport authorities” is as follows: performed at City or at provincial level via the GTC. - The City will arrange or re-organise its internal structure, insofar as it has not already done so, to ensure that transport, land use and related functions are integrated. This could be a unit in the City’s administration that could be called a TA or similar name.
18 24
Chapter 18 final.indd 24 2015/04/17 12:41:03 PM Incorporation of other municipal areas The NLTA provides that the national sphere of government is responsible for the operating licensing function59 and for “acting as contracting authority for subsidised service contracts, interim contracts, The area of the former Metseweding District Municipality has been incorporated into the City, as well current tendered contracts and negotiated contracts concluded in terms of the Transition Act”60. The as some areas of the North West Province such as Garankuwa and Mabopane. The City has included municipal sphere is responsible for concluding new contracts of that nature, i.e. “concluding subsidised these areas into the development of the CITP and ensured that the required planning was done in those service contracts, commercial service contracts and negotiated contracts contemplated in section 41(1) areas. Previous planning done by the former municipalities, such as the Metsweding District ITP and the with operators for services within their area”61. This means that the City has the power to conclude any local ITPs of the former local municipalities that fell into the Metsweding area, were taken into account. new contracts for public transport services, whether subsidised or not. The City is in the process of rationalising the by-laws that applied in those areas and ensuring that the The Minister may assign any function contemplated in section 11(1)(a) to a province or municipality Tshwane by-laws are also promulgated in those areas. 62 subject to the Constitution and sections 9 and 10 of the Systems Act. The purpose of the assignment 63 is to achieve the objects of the Constitution and the objects of the NLTA, which strives to consolidate 18.4.1.2.3. Regulation of public transport services functions at the municipal level to correct the current fragmentation of functions.
The NLTA provides for the creation of a National Public Transport Regulator (NPTR) to deal with all Where a province is performing such a function on the date of commencement of the Act (8 December interprovincial and tourist transport once established.53 Once the NPTR has been established tourist 2009), it must continue to do so unless the Minister assigns the function to a municipality.64 transport services will be regulated in terms of an accreditation system.54 In the meantime the Provincial A municipality may request the Minister to assign such a function where it has an adequate integrated Regulatory Entity (PRE) must deal with these issues in terms of the current processes.55 transport plan (ITP).65 As stated above, the regulatory function may be assigned to the City. When a function is assigned to a municipality the full responsibility for the function is transferred on a The NLTA provides that all permits still in existence must be converted to operating licences (OLs) by not permanent basis. Section 10A of the Systems Act provides that when the Minister assigns a function later than 8 December 2016.56 Where a contract for PT services is awarded by a sphere of government to a municipality, he/she must take appropriate steps to ensure sufficient funding and capacity building as contracting authority, the operator is automatically entitled to an OL for the vehicles providing the initiatives to perform the function, if the function being assigned falls outside of the functional areas contracted services.57 listed in Parts B of Schedules 4 and 5 of the Constitution. It could be argued that the relevant functions fall under the heading of “municipal public transport”, which is listed in Schedule 4, but this aspect will The Act provides that the City may enter into agreements with the Province or with other municipalities require further investigation. on regulatory issues.58
The assignment process 18.4.1.2.4. Assignment of functions Where a transport function is to be assigned from national government to a municipality, the assignment The Constitution and the NLTA provide that in certain circumstances functions that reside with the must be done by the Minister of Transport. The assignment is effected by means of an agreement national government may be assigned to provinces or municipalities, and that functions that reside with between the Minister and municipality. The province should also be involved, especially where it provinces may be assigned to municipalities. As stated above, section 11 of the NLTA allocates functions is currently undertaking the function. Briefly the process involves, among others, the drafting ofan relating to land transport to the three spheres of government. explanatory memorandum that must be submitted to the Minister for comment and approval. It must also
53 Sections 21 and 22 57 Section 56 60 Section 11(1)(a)(c)(xi). The Transition Act refers to the 63 e.g. section 156(4) of the Constitution which provides that functions must be 54 Part 3 of Chapter 6 58 Sections 19 and 26 National Land Transport Transition Act 22 of 2000 assigned to a municipality if the matters would most effectively be 55 Section 93 and the Regulations made under the Act 59 Section 11(1)(a)(viii) 61 Section 11(1)(c)(xxvi). administered locally and the municipality has the necessary capacity 18 56 Section 47 62 Section 11(2) 64 Section 11(6) 64 Section 11(4) 25
Chapter 18 final.indd 25 2015/04/17 12:41:03 PM be submitted to the National Treasury and the Financial and Fiscal Commission. Once the necessary The roads function approvals have been obtained, the agreement must be signed and the assignment promulgated by The City is responsible for “municipal roads” in terms of Schedule 5 of the Constitution, so must fund notice in the Government Gazette. those roads from its equitable share of revenue, as well as property rates and other internal sources. In the assignment process regard should be had to the Guidelines on Allocation of Additional Powers The City must engage with SANRAL on an ongoing basis to be aware of planning for future national and Functions to Municipalities (undated) published by COGTA and available on its Website. roads and upgrades, to ensure that the projects and objectives of the CITP are satisfied and also to avoid duplication of effort. The City can also request SANRAL to perform work in relation to municipal roads on its behalf in terms of section 26(a) of the SANRAL Act. This could include construction of new The operating licensing function roads or maintenance or rehabilitation of existing roads. The City should also engage with SANRAL on As stated above, the national government is responsible for the operating licensing (OL) function, which how e-tolling of the Gauteng Freeway Improvement Project (GFIP) system will be adapted to comply can be assigned to municipalities.66 The function is currently being undertaken by the PRE, and the with the recommendations made by the Makura Commission in January 2015. E-tolling obviously has an impact on the municipal road system, because road users are likely to seek alternative routes to the Province must continue to do so until an assignment takes place. If the OL function is assigned to the GFIP freeways in order to avoid tolls. City, it will become responsible for issuing OLs for all public transport services taking place within its municipal area, and related functions. The NLTA provides that SANRAL is bound by the CITP, but the CITP may not infringe on SANRAL’s
statutory rights to provide and maintain the national road system. In specific cases of conflict, specific legal advice should be obtained and the provisions of Chapter 3 of the Constitution and the IGRFA must The contracting function be applied. As regards contracting for public transport services, municipalities have original powers to do so.67 The Province is responsible for provincial roads. In some cases it is not clear what the status of a road The contracting function for “old order contracts” concluded under the previous Transition Act (NLTTA) is, especially where it was declared and/or built a long time ago The City must also engage closely with are the responsibility of national government, but provinces must continue to administer them until the the Province for the same reasons as those that apply to SANRAL. contracting function for those contracts has been assigned to a particular municipality.68
18.4.1.2.5. Funding The rail function The City must establish a Municipal Land Transport Fund into which must be paid money appropriated In terms of the Constitution the rail function is a national function administered by the Minister of Transport. by the Minister or MEC, user charges collected under section 28 and other donations, contributions Most rail services in the country are provided by PRASA in the case of passengers and Transnet Limited etc.71 The Fund must be used for functions contemplated in the NLTA and in the City’s CITP. The in the case of freight.69 The rail function may also be assigned to provinces or municipalities in the NLTA provides for the Minister and MEC to fund the Municipal Fund72. The City may also introduce manner mentioned above. “user charges” for example charges on traffic entering specific areas in the City, such as theCBD, 73 As stated above, the City is investigating the possibility of requesting assignment of the OL and levies on land that generate the movement of passengers, etc. The imposition of charges is subject contracting functions to ensure that it controls the full range of transport functions to enable it to deliver to the Municipal Fiscal Powers and Functions Act 12 of 2007, which requires the City to obtain certain an integrated system.70 In the longer term the question of possibly taking over passenger rail functions approvals and take prescribed steps before imposing any of the charges. The Fund is currently being should also be investigated. established.
66 Section 11(2) 69 In terms of the Legal Succession to the South African Transport 71 Section 27 67 Section 11(1)(a)(c)(xxvi) Services Act 9 of 1989 72 Sections 29 and 30 68 Section 11(6) 70 The City of Cape Town has undertaken feasibility studies for assignment 73 Section 28 18 of these functions and has requested the Minister to start the process 26
Chapter 18 final.indd 26 2015/04/17 12:41:03 PM Each year a Division of Revenue Act (DORA) is passed to provide for the equitable distribution of revenue national Public Transport Strategy and Action Plan, 2007. It must either put the services out to tender collected nationally between the three spheres of government, and also to provide for other grants to with a view to concluding a subsidized service contract, or may conclude a negotiated contract in terms provinces and municipalities. The DORA requirements each year are found in the Grant Framework of section 41(1) in one of three circumstances: containing the conditions applicable to the various grants each year. The DORA no. 12 of 2009 provided a) To integrate services forming part of its IPTN in terms of its ITP; or that the Province must ensure that by April 2009 a Public Transport Integration Committee (PTIC) b) To promote the economic empowerment of small business or of persons previously disadvantaged comprising of the three spheres of the Government is established. A PTIC for Gauteng was established by unfair discrimination; or in March/April 2009 and holds quarterly meetings. It must oversee the process of the City establishing c) To facilitate the restructuring of a parastatal or municipal public transport operator to discourage its IPTN. It is envisaged that once the City has an acceptable ITP and has established its IPTN, the monopolies. relevant subsidy funds can be transferred to the City (see also the Contracting Regulations made under the NLTA74). The Grant Framework provides that all service designs must be approved by the PTIC, A negotiated contract may be concluded once only, after which the services must be put out to tender which must, among others, “respond to rail plan corridor alignment and implementation parameters”. (see below). The concept of “once only” is expanded upon in Regulations made under the Act (see below).77 A negotiated contract may not be concluded for more than 12 years.78 Subsidised service As stated above, the DORA also provides for a Public Transport Infrastructure and Systems Grant 79 contracts may be concluded for a maximum of seven years. (PTIS) and Public Transport Network Operations Grant to fund the A Re Yeng system. In the process of entering into a negotiated contract, the City must negotiate with incumbent operators The Grant Frameworks provide that the Province must “Ensure the efficient operation of the … PTIC and try to involve them in the system. Section 41(2) provides as follows: with the primary task of ensuring that all subsidised road and rail based passenger services comply with IPTNs developed. Where an Intermodal Planning Committee is established at municipal level in terms “(2) The negotiations envisaged by subsections (1) and (2) must where appropriate include of the … NLTA, ensure that the functions of the two committees are consolidated to facilitate integration operators in the area subject to interim contracts, subsidised service contracts, commercial of planning, services and modes”. service contracts, existing negotiated contracts and operators of unscheduled services and non- contracted services.”
18.4.1.2.6. The interim bus contracts The above-mentioned bus operators as well as operators of minibus taxi-type services operating on the relevant routes must thus be included in the negotiations. The Province also has contractual obligations Sections 40 to 46 of the NLTA deal with the contracting function. Section 40 provides as follows: to those bus operators. These will be passed to the City if the contracting function is assigned to the City. “Provinces and planning authorities [municipalities] must take steps as soon as possible after the date of commencement of this Act to integrate services subject to contracts in their areas, Section 42(2) of the NLTA provides that if the relevant services will continue to be subsidised after expiry as well as appropriate uncontracted services, into the larger public transport system in terms of of a negotiated contract, a subsidised service contract or a contract concluded under the Transition relevant integrated transport plans.” Act, or any extension of such a contract, this must be done in terms of a subsidised service contract concluded in terms of section 42. The intention of the Act is that a contracting authority may negotiate This supplies the underlying reason for the assignment of provincial contracts, in this case the contract(s) and conclude a negotiated contract with the incumbent operators, once only, and then after expiry of the between the Province and Putco, North West Star, Gauteng Coaches etc. (“the Interim Contracts”). negotiated contract it must put the services out on tender with a view to concluding a subsidised service The NLTA empowers and requires the City to establish an integrated public transport network (IPTN)75 contract. It has the choice to go out on tender in the first round if it wishes, but then it seems that section and to enter into contracts with operators for this purpose76. It is also required to do this in terms of the 42(2) would prevent it from concluding a negotiated contract after that.
74 Notice R877 in Government Gazette 32535 of 31 August 2009 77 Published under Notice R.877 in Government Gazette 79 Section 42(5) 75 Section 11(1)(c)(xviii) 32535 of 31 August 2009 76 Section 11(1)(c)(xxvi) 78 Section 41(3) of the NLTA 18 27
Chapter 18 final.indd 27 2015/04/17 12:41:03 PM The position of the existing bus contracts is governed by section 46 of the Act, which provides that where The Contracting Regulations provide that where an old order contract has been concluded, this will not there is an existing interim contract, current tendered contract or negotiated contract in the area, the prevent the City from concluding one or more negotiated contracts in the same area or on the same contracting authority may either─ routes.82 While the NLTA provides that a negotiated contract may be concluded once only,83 different a) Allow the contract to run its course; or operators can be contracted on different routes in an area, and a negotiated contract may provide for a b) Negotiate with the operator to amend the contract to include the operator in an integrated public process of phasing in services over time, provided that the total duration of the contract does not exceed 12 years.84 transport network (IPTN); or c) Make a reasonable offer to the operator of alternative services, or of a monetary settlement, Where a contract was concluded under the NLTTA, the City must negotiate with the operator and which must bear relation to the value of the unexpired portion of the contract, if any. Province with a view to involving the operator in the operating agreements for the proposed IPTN. The funds previously allocated for the routes or area forming part of the services provided in terms of the If the parties cannot agree, the matter must be submitted to mediation or arbitration in terms of the contract that will be covered by the new A Re Yeng services must be allocated to the municipality for Regulations on contracting considered below. funding the network contract, subject to the relevant DORA. Various bus operators have interim contracts also hold permits that entitle them to operate on various The Regulations Relating to Integrated Fare Systems, 201185 provide requirements for all automated routes in the City. These include Putco and North West Star. Section 47(2) of the Act will require fare systems for PT services. They must be read together with the Automated Fare Collection (AFC) them to apply for conversion of the permits to OLs by 8 December 2016, failing which the permits will Guidelines published by the DoT. The Regulations provide, among others, that AFC must be made lapse. Under section 47(3) an operator is not entitled to conversion unless the services were provided through bank issued fare media and must be interoperable through all participating banks. Clearing and continuously for 180 days prior to the date of commencement of the Act. It would thus appear that the settlement of payment transactions must take place through the National Payment System in accordance City is only required to include those bus operators in the section 41 negotiations in respect of routes with the National Payment System Act 78 of 1998. PT data for planning and operational purposes must that they are actually operating at the relevant time, even if they are entitled, either by the contract or be collected electronically through the AFC system and must include data per transaction on location, the permits, to operate those routes. The Province and the City need to collaborate through the PTIC to fare and passenger. convert the interim contracts, both in respect of routes involved in the existing and planned IRT system, as well as other routes forming part of the IPTN. The City must take note of and apply these requirements. The Regulations provide that all new AFC systems in PT services must comply as from June 2011.
18.4.1.2.7. NLTA Regulations 18.4.1.3. The Local Government: Municipal Systems Act 32 of 2000 The National Land Transport Regulations, 200980 deal with procedures for applying for OLs, conversion of permits to OLs, fees, forms etc. The DoT has published a draft second set of NLT regulations for Various provisions of the Systems Act are relevant to the CITP. Section 5 provides that the City must comment, and is in the process of finalising them. These will be important for the CITP, e.g. because consult with the local community when undertaking various functions and that the community must be they provide an extensive list of principles for transport planning. informed of municipal decisions. This requires, for example, that the community must be consulted in the process of developing the CITP (see also the Gauteng Regulations referred to below). The National Land Transport Regulations on Contracting for Public Transport Services, 200981 regulate the procedures for entering into negotiated contracts and tendered contracts for PT services, Section 10 of the Systems Act requires the DoT to submit a memorandum to the Minister responsible for requirements for tenderers etc. They must be applied, for example, in entering into negotiated contracts local government and the National Treasury with prescribed content, when a function is assigned under with operators for the A Re Yeng services. section 99 of the Constitution (such as the OL, contracting or rail functions).
80 Government Gazette 32821 (Notice R.1208) of 17 December 2009 82 Regulation 2(1)(a) 84 Regulation2(1)(b) 81 In Government Gazette 32535 of 31 August 2009 (Notice R.877) 83 Section 41(1) 85 Notice R.511 in Government Gazette 34363 of 17 June 2011
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Chapter 18 final.indd 28 2015/04/17 12:41:03 PM Funding issues in relation to assignment are regulated by section 10A of the Systems Act. It provides Council resolution determine special rating areas in which additional rates can be levied for improving or as follows: upgrading those areas.88 There is also scope for the City to agree with land owners and developers to
“Funding and capacity building set off rates payable by them against contributions to be made by them or, for example, to set off rates and contributions against infrastructure that they will provide. The Cabinet member, MEC or other organ of state initiating an assignment of a function or
power to a municipality in terms of section 9 or 10, must take appropriate steps to ensure 18.4.1.5. The Local Government: Municipal Finance Management Act 56 of 2003 sufficient funding, and such capacity-building initiatives as may be needed, for the performance of the assigned function or power by the municipality if− The MFMA governs the finances and financial obligations of the City and its officials and imposes (a) the assignment of the function or power imposes a duty on the municipality; various requirements as regards budgeting and accountability. It requires the City when managing PT contracts to show that all money paid out is in settlement of properly submitted and correct invoices, and (b) that duty falls outside the functional areas listed in Part B of Schedule 4 or Part B of that the payments are justified in terms of applicable legislation. Schedule 5 to the Constitution or is not incidental to any of those functional areas; and Section 33 of the MFMA provides that the City must follow a number of prescribed processes if it will (c) the performance of that duty has financial implications for the municipality.” enter into a contract that will impose financial obligations on the City beyond the three years covered Section 10A imposes a duty on the assigning Minister to ensure sufficient funding for the carrying out of in the annual budget for the financial year. This will be relevant when the City enters into contracts for the function by the City if the three requirements in paragraphs (a), (b) and (c) are met. example with bus and taxi operators for A Re Yeng. Chapter 8 of the Systems Act requires an investigation, usually called a “section 78 assessment” when Section 61(1)(c) of the MFMA requires accounting officers (municipal managers) to “prevent any a new municipal service is to be provided or a municipal service (such as a bus service) is to be prejudice to the financial interests of the municipality.” This imposes a duty on the City to ensure that all substantially upgraded or improved. funding arrangements are settled in such a manner as not to impose an undue financial burden on the The Systems Act provides that a municipality may provide a municipal service either through an internal City or its residents. mechanism (i.e. a department or component of the municipality itself or a business unit within its Where the City or an ME enters into an arrangement with an operator or operators that will amount administration) or by an external mechanism, which may be an ME, another municipality or another to a public private partnership (PPP), it must comply with section 120 of the MFMA and the MFMA organ of state, by means of a service agreement. The term “municipal service” is widely defined and Regulations. Section 120(4) requires a feasibility study and provides that the national government must includes public transport services. An ME may be either a private company or a service utility established assist municipalities with such feasibility studies. A Council decision must be obtained and the views of by by-laws. the National Treasury and the Department responsible for local government and other relevant national Chapter 8A of the Systems Act deals with MEs. The City may establish an ME as a separate legal entity departments must be solicited. If the PPP involves the provision of a municipal service, there must be to undertake transport functions. compliance with Chapter 8 of the Systems Act.
89 A PPP is defined in the MFMA Regulations as follows: 18.4.1.4. The Local Government: Municipal Property Rates Act 6 of 2004 “‘public-private partnership” means a commercial transaction between a municipality and a This Act empowers the City to levy rates on property in its area86 and deals with various aspects relating private party in term of which the private party— thereto. The City must develop a rates policy which must be adopted by the Council.87 The City may by
86 Section 2(1) 88 Section 22 87 Section3(1) 89 Notice R.309 in Government Gazette 27431 of 1 April 2005
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Chapter 18 final.indd 29 2015/04/17 12:41:03 PM (a) performs a municipal function for or on behalf of a municipality, or acquires the management - Km [of] subsidised services provided or use of municipal property for its own commercial purposes, or both performs a municipal - Number of vehicles subsidised function for or on behalf of a municipality and acquires the management or use of municipal - Subsidy per vehicle property for its own commercial purposes; and - Number of routes operated (b) assumes substantial financial, technical and operational risks in connection with— - Employees per vehicle
(i) the performance of the municipal function; The 2010, 2011 and 2012 Frameworks contain similar provisions. The 2012 Framework91 provides that (ii) the management or use of the municipal property; or the province must “Ensure the efficient operation of the … PTIC with the primary task of ensuring that all (iii) both; and subsidised road and rail based passenger services comply with IPTNs developed. Where an Intermodal Planning Committee is established at municipal level in terms of the … NLTA, ensure that the functions (c) receives a benefit from performing the municipal function or from utilising the municipal property or both, by way of— of the two committees are consolidated to facilitate integration of planning, services and modes”. (i) consideration to be paid or given by the municipality or a municipal entity under the sole or shared control of the municipality; 18.4.1.7. The South African National Roads Agency Limited and National Roads Act 7 of 1998 (ii) charges or fees to be collected by the private party from users or customers of a service This Act created SANRAL as a national public entity to plan, design, construct, operate, manage, control provided to them; or 92 and maintain national roads. The Act deals with all aspects of national roads, including their financing (iii) a combination of the benefits referred to in subparagraphs (i) and (ii).” by the collection of toll or by grants from Parliament etc. It also deals with the day-to-day management The Regulations provide a regulatory framework for PPP agreements. The City or ME may enter into a of national roads, such as advertising, trading or encroaching on them. SANRAL is empowered to enter PPP only if it can demonstrate that the PPP will provide value for money to and be affordable for the City, into agreements with municipalities in connection with law enforcement functions on national roads.93
and transfer appropriate technical, operational and financial risk to the private party. The Minister must determine national roads policy94, but strategic planning for national roads is SANRAL’s responsibility. This situation could lead to possible conflicts between SANRAL’s planning and activities and 18.4.1.6. The Division of Revenue Acts those of the City e.g. if SANRAL plans a national road in a position that conflicts with the CITP.
A DORA must be passed for each financial year (1 April to 31 March) to provide for the distribution of Currently the City needs to build and/or upgrade a number of urgently-needed strategic roads, but lacks revenue collected nationally to the three spheres of government. This includes the “equitable share” of the necessary funding. The City could request SANRAL to take responsibility for these roads in terms of income collected through income tax, VAT etc. as well as special grants such as the PTIS and PNTOG section 26(a) of the SANRAL Act as part of the GFIP as a possible solution. The City should also prevail referred to above. The conditions and requirements applying to the conditional grants are found in the upon the Province to prioritise a number of urgently needed provincial roads, such as the PWV9. Grant Framework published each year in terms of DORA. SANRAL has introduced the GFIP project in terms of which a network of freeways in the Province was As regards planning, the 2009 Grant Framework90 requires the three spheres of government to improved around 2010, to be financed by electronic tolling (e-tolls). The tolls are recorded by overhead undertake certain processes and provide certain information. For example in the case of bus contracts gantries. E-tolling commenced on 3 December 2013. Due to public opposition to the system, the Makura the contracting authority must provide at least the following information: Commission was held by the MEC in late 2014, and has published its recommendations. These must - Passenger km provided still be translated into legislation (regulations and notices in the Government Gazette) if the e-tolling system is to be changed. - Subsidy per passenger
90 Government Gazette 32142 of 17 April 2009 91 Government Gazette 35399 of 31 May 2012 93 Section 54(3) 92 Section 25 94 Section 39
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Chapter 18 final.indd 30 2015/04/17 12:41:04 PM 18.4.1.8 The Legal Succession to the South African Transport Services Act 9 of 1989 The City may make by-laws on road traffic matters under section 80A. Provincial Acts and regulations on road traffic only deal with limited issues such as fees to be charged for vehicle and driving licences. This Act established Transnet Ltd as a state-owned company to be responsible for long distance passenger rail, rail freight and pipelines. It was previously also responsible for ports (now the National Ports Authority is responsible) and SA Airways (now a separate state-owned company). It also established 18.4.1.10. The National Road Traffic Regulations, 2000 the SA Rail Commuter Corporation (now merged with the former Metrorail division of Transnet to form These regulations, made in terms of the NRTA,100 contain various provisions that could impact on the PRASA) to provide rail commuter services. CITP. Of particular importance is the Road Signs Manual (Schedule 1 to the Regulations) dealing with Currently PRASA is responsible to ensure that rail commuter services are provided at the request of road traffic signs and markings. These are standard throughout the SADC region. the DoT.95 The draft NLT Amendment Bill that will be introduced to Parliament this year will provide that 101 PRASA must also provide services at the request of a municipality. PRASA does overall planning for The Regulations provide that no one may drive a vehicle on a sidewalk. The definition of vehicle rail commuter services (see the National Rail Plan and PRASA Regional Rail Plans referred to above), includes bicycles. This could be a limiting factor in relation to planning of NMT infrastructure. A sidewalk but the City is responsible for “service level planning for passenger rail on a corridor network basis”.96 is defined as that portion of a verge intended for the exclusive use of pedestrians. Verge is defined as that portion of a road street or thoroughfare, including the sidewalk, which is not the roadway or the This must be done in agreement with PRASA. The City is also responsible for financial planning for land transport in its area.97 The Amendment Bill, if passed, will provide that this must be done in agreement shoulder.102 with state-owned rail operators. Chapter X of the Regulations deals with rules of the road and related matters. Where a portion of a A draft Performance Agreement between the DoT and PRASA has been prepared and circulated for public road has been set aside for pedal cycles (bicycles and tricycles propelled by human power), no 103 comment. It provides that “The long-term benefit of this exercise [i.e. the Agreement] will result in the one may ride a pedal cycle on any other portion of the road. This could be a limiting factor in the Regional Performance Agreements (RPAs) between PRASA and the Metropolitan Transport Authorities design of cycle paths or lanes on roads. which are instrumental in commuter rail services and the integration of public transport services in the Animal-drawn vehicles are allowed on public roads.104 Regulation 314 deals with animal-drawn vehicles, local sphere of government.” It also provides that “this National Performance Agreement will be used as and contains various requirements such as that the name and address of the owner must be displayed the basis for the establishment of Regional Performance Agreements, where the Transport Authorities on the vehicle. [cities] can use this as basis for their regional agreements with PRASA for Commuter Rail Services, 98 taking cognisance of their unique local circumstances”. The Agreement provides for the establishment Regulation 315 contains provisions protecting pedestrians at road crossings. Duties of pedestrians are of a Steering Committee to oversee commuter rail aspects and to provide support to transport authority set out in regulation 316. A pedestrian may not walk on a road surface except in order to cross the road. (city) planning of rail commuter services, to assess service levels and identify needs etc. The City will be 105 represented on the Steering Committee.99 Animal-drawn vehicles and pedal cycles may not be operated on a freeway. The same applies to vehicles “specially designed, constructed or adapted for the use of a person suffering from a physical defect or disability” and having a mass less than 250 kg. No one may be on foot on a freeway, with 18.4.1.9. The National Road Traffic Act 93 of 1996 106 certain limited exceptions.
The NRTA deals with vehicle and driver fitness, rules of the road, traffic signs and signals and related A pedal cycle may not tow another vehicle, such as a trailer, on a public road.107 This could be a serious matters. It empowers the Minister and MECs to make regulations on road traffic matters, and most detail limitation to pedal cycles used as tuk-tuks, for example, wishing to tow a trailer with luggage. of road traffic regulation is contained in the National Road Traffic Regulations (see 18.4.1.10 below).
95 Section 23 97 Section 11(1)(c)(v) 100 Notice R.225 in Government Gazette 20963 of 17 March 2000 104 Regulation 313(2)(a) 96 Section 11(1)(c)(xix) of the NLTA 98 At page 4 101 Regulation 308(5) 105 Regulation 323(1)(a) and (b) 99 Page 9 102 Section 1 of the NRTA 106 Regulation 323(2) 18 103 Regulation 311(7) 107 Regulation 330(g) 31
Chapter 18 final.indd 31 2015/04/17 12:41:04 PM Motorised scooters such as “Segways” may not be licensed and are thus not allowed on public roads, Airport. This should be borne in mind for example when planning transport movements to, from and neither are they allowed on sidewalks. within the Airport. ACSA also controls the parking and loading of PT vehicles within the Airport premises.
All other airports in the City’s area such as Wonderboom Airport fall under the control of the City in 18.4.1.11. The Administrative Adjudication of Road Traffic Offences Act 46 of 1998 terms of the Constitution. The City may enter into PPP agreements with the private sector to manage them. Before doing so it must comply with the requirements and procedures of the MFMA and the The AARTO Act provides for a system of administering road traffic offences through an administrative process, rather than administering them through the courts in terms of the Criminal Procedure Act, MFMA Regulations on PPPs. The Airport/City have applied for re-awarding of international status to the Wonderboom Airport. There is a possibility if that happens that the Minister could acquire the Airport 1977. It also provides for a points demerit system for road traffic offenders in terms of which penalties are prescribed, which can include suspension or loss of a driving licence. Regulations have been made under section 8 of the Civil Aviation Act 13 of 2009 and reach agreement with ACSA that it will fall under under the AARTO Act providing for penalties and points for the various traffic offences in 2008 and the control of ACSA. The Minister will have to engage with the City before taking any such action. further draft regulations were published for comment in 2011.108
The AARTO system has been in place for some time in the areas of the City and the City of Johannesburg 18.4.1.14. The Civil Aviation Act 13 of 2009 as pilot projects. Because the AARTO Act is in operation in the City’s area the City may no longer Legislation on civil aviation was revamped in this Act. It provides for the review and consolidation of prescribe its own penalties or fines for road traffic offences by means of by-laws, but must use the South Africa’s civil aviation law on safety and security together with the harmonisation with international AARTO system. It is not clear when the AARTO system will be rolled out in the rest of the country. law. The aircraft accident investigation function is transferred from the SA Civil Aviation Authority (SACAA) to an independent Aviation Safety Investigation Board. The Act also creates a National 18.4.1.12. The Road Traffic Management Corporation Act 20 of 1999 Aviation Security Committee.
This Act established the RTMC as a partnership between the three spheres of government to effect the pooling of road traffic powers and to promote road traffic management. The NRTA allocates various 18.4.1.15. The Cross-Border Road Transport Act 4 of 1998 functions to the Shareholders Committee of the RTMC, which consists of the Minister, the nine MECs This Act regulates all cross-border road transport (passenger and freight) which operates between the responsible for road traffic and two representatives of SALGA. The RTMC must establish functional RSA and neighbouring countries. It established the Cross-Border Road Transport Agency (CBRTA) units for road traffic law enforcement, training of traffic personnel, vehicle registration and licensing, road 109 110 and provides for co-operative and co-ordinated provision of advice, regulation, facilitation and law traffic information etc. The RTMC must develop a National Road Traffic Law Enforcement Code. A draft Code was published for comment on 10 January 2014.111 enforcement in respect of cross-border road transport by the public and private sectors. Operators undertaking cross-border road transport, i.e. carrying passengers and freight for reward or in the course The City should liaise with the RTMC in developing road safety and related proposals for the CITP. of an industry, trade or business by road between South Africa and other countries, must hold permits
issued by the Regulatory Committee of the CBRTA.
18.4.1.13. The Airports Company Act 44 of 1993 Foreign operators undertaking such transport in the RSA need permits issued by the competent
In terms of this Act certain International Airports fall under the control of the Airports Company (ACSA), authorities of their home countries in terms of agreements between the countries. Cross-Border road including the O R Tambo International Airport in Ekurhuleni. This includes all infrastructure within the transport is also regulated by these agreements, some of which are multilateral, such as the Customs Union Agreement between Botswana, Lesotho, Namibia, Swaziland and South Africa, and the SADC Transport Protocol. There are also bilateral agreements, for example with Zimbabwe and Mozambique. 108 Notice R.753 of 16 July 2008 and Notice 223 of 15 April 2011 109 Section 18 110 Section 32 18 111 Notice 1 of 2014 32
Chapter 18 final.indd 32 2015/04/17 12:41:04 PM The Act also deals with cabotage, which is transport undertaken by foreign operators with vehicles - Section 23 requires prices to be disclosed. This means that bus, taxi and rail fares must be involving the on-loading or offloading of freight and passengers between two points in the RSA or the displayed where passengers have access to them. on-loading of freight or passengers in the RSA for conveyance to a third state which is not the state of - Display of information on tickets (section 26). These requirements are onerous and are currently registration of the vehicle and where the state of registration is not traversed. not being complied with: bus tickets are too small to include all of the required information and In 2008 the Cross-Border Act was amended to provide that permits issued by the CBRTA may not be taxis do not issue tickets. 112 in conflict with transport plans prepared under the NLTA, which includes the City’s CITP. Section - Overselling and overbooking (section 47). It is common practice for bus operators to sell multi- 75(4) of the NLTA provides that where an operator applies for a cross-border permit and will use ranks journey tickets. If the unused trips are not used by a certain time, the ticket lapses. This is now or terminals in South Africa, the CBRTA must allow the City the opportunity to comment on the use of in conflict with the CPA, and makes it very difficult for bus operators to budget accurately as they those facilities. do not know how many unused tickets are in circulation.
These are a few aspects that impact on transport services: there are more. The DoT is currently 18.4.1.16. The Advertising on Roads and Ribbon Development Act 21 of 1940 discussing the issues with the Department of Trade and Industry. The CPA allows the Minister to apply This Act still regulates outdoor advertising in Gauteng because section 44 of the Gauteng Transport for exemptions from that Act, e.g. if the DoT or NPTR has regulations in place to regulate the CPA issues. Infrastructure Act, 2001 is not yet in operation. In terms of the Constitution the City is responsible for
“billboards and the display of advertisements in public places”.113 In respect of municipal roads and streets, the City has By-Laws for the Control of Advertising114, which are based on the South African 18.4.1.19. The National Environmental Management Act 107 of 1998 (NEMA) Manual for Outdoor Advertising Control (SAMOAC). Advertisements on and visible from municipal NEMA provides the overarching legislative framework for environmental governance in South Africa. roads are regulated by this By-Law, and certain types of advertisements can be erected only with Several sector-specific National Environmental Management Acts have also been promulgated, all of the City’s permission. The By-Laws also provide standards and requirements for the various types of which fall under the overarching NEMA. The point of departure of NEMA is a set of National Environmental advertisements. Management Principles that inform any subsequent environmental legislation, implementation of that legislation and formulation and implementation of environmental management plans in all spheres of 18.4.1.17. The Intergovernmental Relations Framework Act 13 of 2005 (IGRFA) government.
This Act must be borne in mind as it provides for co-operative agreements between spheres of NEMA gives expression to the Bill of Rights in the Constitution, which states that everyone has a right to government and other organs of state (called protocols) and for procedures that must be followed where a non-threatening (safe and healthy) environment and requires that reasonable measures are applied to disputes arise between them. Guidelines have been published under the Act on those issues.115 protect the environment. This protection includes preventing pollution and promoting conservation and
environmentally sustainable development. These principles are embraced in NEMA and given further 18.4.1.18. The Consumer Protection Act 68 of 2008 (CPA) expression.
NEMA requires that environmental implications are investigated and public participation is undertaken The CPA has various provisions that impact on the transport industry, for example the following: 116 whenever certain prescribed projects are undertaken. - Where buses or trains arrive late or should a scheduled bus or train be rescheduled to a different time, this could be classed as an “unsolicited service” under section 21 and entitle the passengers to refunds.
112 Section 31(2)(b)(ii) of the Cross-Border Act 114 Notice 2478 in Provincial Gazette No. 46 of 30 April 1999 116 See the Environmental Impact Assessment Regulations published under 113 Part B of Schedule 5 115 See Notice 491 in Government Gazette 29845 of 26 April 2007 Notice R.982 in Government Gazette 38282 of 4 December 2014 and the Guideline on Need and Desirability in terms of those Regulations published 18 under Notice 891 in Government Gazette 38108 of 20 October 2014 33
Chapter 18 final.indd 33 2015/04/17 12:41:04 PM The building of public transport facilities and road schemes, for example, will usually require integrated Scoping and EIAs environmental management processes under NEMA. In terms of regulations promulgated under NEMA, Scoping and EIA is a detailed environmental assessment applied to activities contained in Listing Notice 2. an environmental impact assessment (EIA) must be done when certain listed activities are undertaken. These are activities that due to their nature and/or extent are likely to have significant impacts, i.e. higher risk activities that potentially cause higher levels of pollution, waste and environmental degradation. National Environmental Management: EIA Regulations, 2014 The Scoping Report (including Plan of Study for EIA) requires a description of the proposed activity and any feasible and reasonable alternatives, a description of the property and the environment that The latest iteration of the Environmental Impact Assessment (EIA) Regulations, promulgated under the may be affected and the manner in which the biological, social, economic and cultural aspects of the NEMA, was gazetted on 4 December 2014, with the Regulations coming into effect on 8 December 2014. Three new listing notices were published: environment may be impacted by the proposed activity; description of environmental issues and potential impacts, including cumulative impacts that have been identified, and details of the public participation • Listing Notice 1 (GN R 983) – contains listed activities that trigger a Basic Assessment (BA); process undertaken. In addition, the Scoping Report must contain a roadmap for the EIA, referred to as • Listing Notice 2 (GN R 984) – contains listed activities that trigger a Scoping and Environmental the Plan of Study for the EIA, specifying the methodology to be used to assess the potential impacts, Impact Assessment (EIA); and and the specialists or specialist reports that are required. The Scoping and EIA Process culminates • Listing Notice 3 (GN R 985) – contains listed activities that trigger a Basic Assessment (BA) in in the development and submission of the Environmental Impact Assessment Report and the Draft sensitive geographic areas. Environmental Management Programme to the Competent Authority.
If the application must be subjected to Scoping and Environmental Impact Reporting– Basic Assessments a) the Scoping Report must be submitted within 44 days of receipt of the application by the
Basic Assessment (BA) is the level of environmental assessment applied to activities listed in Department; b) the consideration of the Scoping Report must concluded within 43 days of receipt of the Scoping Listing Notices 1 and 3. A BA is applied to activities that are considered less likely to have significant environmental impacts and, therefore, unlikely to require a detailed EIA. A BA Report is a more concise Report by the Department; analysis of the environmental impacts of the proposed activity/development than a Scoping and EIA c) the EIA Report must be submitted within 106 days or, if there was a need for a revised report, Report and usually requires input into a prescribed template issued by the Competent Authority (i.e. within 156 days of acceptance of the Scoping Report by the Department; and authority required to make a decision regarding the application). However, the BA still requires public the application must be decided within 107 days of receipt of the Environmental Impact Assessment participation, consideration of alternatives, potential impacts and assessment of possible mitigation Report by the Department. measures. In terms of NEMA and the related legislation mentioned below, a number of environmental processes are If an application must be subjected to BA the process– required and authorisations and permits/ licenses need to be obtained prior to project implementation. a) the Basic Assessment Report must be submitted to the Department within 90 days or, if there No construction should take place prior to the necessary environmental authorisations/ permits and was a need for a revised report, within 140 days of receipt of the application by the Department; licences being in place. In some cases, where development is proposed for highly sensitive areas, such and as CBAs, Protected Areas, wetlands etc. which cannot be avoided, this may have implications for the b) the application must be decided within 107 days of receipt of the Basic Assessment Report by project programme, in that the licencing process may be more challenging and time consuming, and the Department. should therefore be incorporated in the overall project plan.
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Chapter 18 final.indd 34 2015/04/17 12:41:04 PM 18.4.1.20. The National Environmental Management: Waste Act 59 of 2008 or other landowner is not complying with the law. This includes retrieving the costs of the control measures the authority has implemented. All waste management activities (e.g. storage, recycling, treatment) meeting the relevant thresholds should be authorised under this act and Government Notice 921 of 29 November 2013. No person may commence, undertake or conduct a waste management activity listed in that Notice unless a licence is Gauteng Conservation Plan Version 3.3 (Gauteng C-Plan v3.3) issued in respect of that activity. Details of processes required appear in Chapter 18. The Gauteng C-Plan v3.3 is a systematic conservation plan undertaken by the Gauteng Department of Agriculture and Rural Development (GDARD) with the support of the South African National Biodiversity 18.4.1.21. The National Environmental Management: Biodiversity Act 10 of 2004 Institute (SANBI) and delineates on a map, biodiversity priority areas called Critical Biodiversity Areas (CBAs), Ecological Support Areas (ESAs) and Protected Areas. The project needs to comply with this Act (NEM:BA) and its regulations in providing the cooperative governance in biodiversity management and conservation. The NEM:BA also provides for: CBAs include natural or near-natural terrestrial and aquatic features that are selected based on an areas biodiversity characteristics, spatial configuration and requirement for meeting both biodiversity • The National Biodiversity Framework – A Framework to guide all strategic development planning pattern and ecological process targets. process regarding the integration of biodiversity planning and monitoring in South Africa and these binds all organs of the state, at national, provincials and local levels. ESAs are natural, near-natural, degraded or heavily modified areas required to be maintained in an ecologically functional state to support CBAs and/or Protected Areas. • Bioregional Plans – Bioregional plans highlight critical areas requiring conservation action. Bioregional Plans must be taken into account in municipal and other departments’ environmental Protected Areas are areas which have legal protection under relevant legislation or which are managed plans. They should provide finer detail on what key activities and interventions need to take with a primary conservation objective. place to conserve and manage biodiversity in production landscapes.
• Biodiversity Management Plans – Biodiversity Management Plans (BMPs) would operate at a City of Tshwane Draft Bioregional Plan finer scale than Bioregional Plans and are focused on threatened ecosystems and species, and areas important for migratory species and wetland birds. The City of Tshwane has a draft bioregional plan (Holness & Skowno, 2011) that has been compiled with the main purpose to inform land-use planning, environmental assessment and authorisations, and • Biodiversity Management Agreements – Biodiversity Management Agreements are to implement any Biodiversity Management Plan. The intention is to formalise the emerging relationships natural resource management, by a range of sectors whose policies and decisions impact on biodiversity. between government and land owners and communities, and should remain an adaptable and This is done by providing a map of biodiversity priority areas with accompanying land-use planning and decision-making guidelines. flexible option. To ensure uniformity in these agreements, only the Minister is allowed to conclude them, and not an MEC. The draft Bioregional Plan for the City of Tshwane is based on the provincial conservation GIS-based plan
• The identification, listing and promotion of threatened or protected ecosystems – Listings offer (i.e. C-Plan version 3.3), which intended to feed into a range of multi-sectoral planning and assessment a new approach to reducing unnecessary habitat loss through land conversion for agriculture, processes such as Environmental Management Frameworks (EMFs), Spatial Development Frameworks urban development or forestry – the single greatest threat to biodiversity. A national list of (SDFs), Strategic Environmental Assessments (SEAs) and Environmental Impact Assessments (EIAs), ecosystems that are threatened and in need of protection was published in December 2011. and to support and streamline environmental decision-making (Holness & Skowno, 2011).
• Alien invasive species control and enforcement – The NEM:BA provides tools to control invasive The plan is esigned to support integrated development planning and sustainable development by species, which now fall under the regulatory power of a department with environmental interests. identifying an efficient set of CBAs that are required to meet biodiversity objectives, in a configuration Land owners are also allowed to call for the intervention of a competent authority if a neighbour that is least conflicting with other land uses and activities.
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Chapter 18 final.indd 35 2015/04/17 12:41:04 PM Environmental decision-makers who are required by section 2(1)(c) of NEMA to apply the NEMA section 18.4.1.23. The National Environmental Management: Air Quality Act 39 of 2004 2 principles in their decision-making must consider the bioregional plan before issuing environmental This Act (NEM:AQA) repeals the whole of the Air Pollution Prevention Act 45 of 1965. The purpose of authorisations and should take the bioregional plan and identified CBAs into account in their comments NEM:AQA is to reform the law regulating air quality in order to protect the environment by providing on applications. Environmental Assessment Practitioners (EAPs) must consequently refer to the bioregional plan in Basic Assessment Reports and EIA Reports. measures for the prevention of pollution and ecological degradation, while, promoting justifiable economic and social development. NEM:AQA seeks to provide national standards regulating air quality monitoring management and control. Threatened Ecosystems NEM:AQA in Part 6 (Measures in respect of dust, noise and offensive odours) makes provision for The NEM:BA provides for listing of threatened or protected ecosystems in one of a number of categories, the control of dust, noise and offensive odours. Measures for the control of dust (e.g. suppression by details of which appear in Chapter 18.The purpose of listing threatened ecosystems is primarily to reduce watering) must be implemented primarily during the construction and decommissioning/deconstruction the rate of ecosystem and species extinction, including the protection of sites of exceptionally high phases. conservation value, by preventing further degradation and loss of structure, function and composition of these threatened ecosystems (SANBI, 2011). Noise control measures must be implemented during all phases of a project’s lifecycle. When controlling noise the provincial and local spheres of government are bound by any prescribed national standards (e.g. South African National Standard SANS 10103:2008, The Measurement and Assessment of 18.4.1.22. The National Environmental Management: Protected Areas Act 57 of 2003 Environmental Noise with Respect to Land Use, Health, Annoyance and Speech).
Protected areas are an extremely important tool for achieving biodiversity objectives and protecting All reasonable steps must be taken to prevent the odours from emanating from specified activities or the essential natural heritage areas and ecosystems services, since these often provide greater security emission of offensive odours caused by any activity. for conservation-worthy land than the agreements or land use limitations provided for in the NEM:BA.
This Act (NEM:PAA) creates a legal framework and management system for all levels protected areas 18.4.1.24. The National Water Act 36 of 1998 in South Africa as well as establishing the South African National Parks as a statutory board.
Protected areas fall in three classes – Formally protected (National Parks, Provincial and Local Authority In this Act (NWA) Water use is defined broadly, and includes taking and storing water, activities which Nature Reserves and Forest Nature reserves), Class 2 protected (Mountain Catchment Areas, Wildlife reduce stream flow, waste discharges and disposals, controlled activities (activities which impact detrimentally on a water resource), altering a watercourse, removing water found underground for Management Areas, Private Nature Reserves, National Heritage Sites, Forest Areas, Bird Sanctuaries certain purposes, and recreation. Water use licencing is controlled in terms of the NWA. and Botanical Gardens) and De facto protected (e.g. undisturbed mining land).
Formal protection status is designated under the NEM:PAA or may remain a legacy under the In general, a water use must be licenced, unless it is listed in Schedule 1, is an existing lawful use, is permissible under a general authorisation, or, if a responsible authority waives the need for a licence. Environment Conservation Act. Each conservation area will have its own set of land use restrictions or regulations that stem either from generic restrictions under NEM:PAA, or customised regulations for individual protected areas. 18.4.1.25. The Minerals and Petroleum Resources Act 36 of 1998
By implication, where any development activities that take place adjacent to any conservation area the The purpose of this Act is to make provision for equitable access to and sustainable development of the City needs to verify whether or not there are any local restrictions in place. These restrictions could nation’s mineral and petroleum resources and to provide for matters connected therewith. The Act is pertain to issues such as aircraft flight ceilings (over national parks) or compatible land uses along the administered by the Department of Mineral Resources (DMR). boundaries, but would mostly be restricted to activities within the confines of the protected area.
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Chapter 18 final.indd 36 2015/04/17 12:41:04 PM The Act provides that the environmental management principles set out in the NEMA shall apply to all These include: mining operations and serve as a guideline for the interpretation, administration and implementation of a) the construction of a road, wall, power line, pipeline, canal or other similar form of linear the environmental requirements of NEMA. development or barrier exceeding 300 m in length;
Any mining operations must be conducted in accordance with the generally accepted principles of b) the construction of a bridge or similar structure exceeding 50 m in length; sustainable development by integrating social, economic and environmental factors into the planning c) any development or other activity which will change the character of a site – and implementation of mining projects in order to ensure that the exploitation of minerals resources i. exceeding 5 000 m2 in extent serve both present and future generations. ii. involving three or more existing erven or subdivisions thereof
iii. involving three or more erven or divisions thereof which have been consolidated within 18.4.1.26. The National Heritage Resources Act 25 of 1999 (NHRA) the past five years The protection, management and evaluation of heritage resources are specifically addressed in the iv. the costs of which will exceed a sum set in terms of regulations by SAHRA or a provincial following sections of the NHRA: heritage resources authority
: 2 • Section 34 – Structures older than 60 years d) the re-zoning of a site exceeding 10 000 m in extent; or − In most cases evaluated and handled by conservation architects. e) any other category of development provided for in regulations by SAHRA or a provincial • Section 35 – Archaeology, palaeontology and meteorites: heritage resources authority. − Provides protection for these sites on Provincial and National levels. Based on the high-level development proposals provided, a number of listed activities may be applicable. − Stipulates State ownership of all archaeological objects, palaeontological material and These are listed in the table in Chapter 18. meteorites. This Act will be relevant where projects affect a location or structure of historical significance. In such − Protects archaeological and palaeontological sites and meteorites from unlawful destruction, a case the City must follow certain procedures and a public participation process. The Act establishes trade and excavation without permitting. the South African Heritage Resources Association (SAHRA), which may identify national and provincial − Makes provision for mediated action to protect archaeological and palaeontological sites and heritage sites and protected areas.117 meteorites being damaged.
− Register private collections of archaeological objects, palaeontological material and meteorites. Organs of state must take the steps required by the NHRA to protect heritage sites and protected areas if any exist in the relevant area. For example, the processes under this Act are being followed in building Burial grounds and graves: • Section 35 – infrastructure for the A Re Yeng system around the historical Pretoria Station precinct. − Provides protection for graves of conflict, as well as burial grounds containing graves of conflict.
− Graves and burial grounds older than 60 years outside formal cemeteries administered by local authorities. 18.4.1.27. The Financial and Fiscal Commission Act 99 of 1997
− The issuing of permits for the exhumation and relocation of such graves and burial grounds. This Act creates the Financial and Fiscal Commission (FFC) which gives advice to organs of state in all three spheres of government on financial and fiscal matters. It is relevant because if functions are to be • Section 38 – Heritage Resources Management: − Subsection (1) Stipulates the types of development that require the developer to contact the relevant heritage authority, to determine the need for a Heritage Impact Assessment (HIA). 117 Section 27 and 28
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Chapter 18 final.indd 37 2015/04/17 12:41:04 PM assigned to the City the Minister must first notify the FFC of the financial and fiscal implications of the In terms of the Constitution, a municipality has executive powers with regard to “municipal planning”. In assignment on the future division of revenue raised nationally and the capacity and efficiency of the City, SPLUMA “municipal planning” consists of the following elements: as well as if there will be a transfer of staff and assets or liabilities.118 (a) the compilation, approval and review of integrated development plans; (b) the compilation, approval and review of the components of an integrated development plan 18.4.1.28. The Spatial Planning and Land Use Management Act 16 of 2013 prescribed by legislation and falling within the competence of a municipality, including a spatial
This Act (SPLUMA) was published on 5 August 2013, but is not yet in operation. It provides a list development framework (SDF) and a land use scheme; of development principles119 and provides that the Minister of Rural Development and Land Reform (c) the control and regulation of the use of land within the municipal area where the nature, scale and must prescribe norms and standards for land use management and land development, after consulting intensity of the land use do not affect the provincial planning mandate of provincial government organs of state in the provincial and local spheres of government.120 or the national interest.
The Act requires the development of national and provincial spatial development frameworks (SDFs)121. As stated above, SPLUMA, amongst others, creates the framework for spatial planning and land use The abovementioned Minister may also develop a regional spatial development framework122. The management by a municipality. The vehicles created by SPLUMA to undertake these two primary City must adopt a municipal SDF as part of its IDP, which must include the matters listed in section duties are a municipal spatial development framework for spatial planning and a land use scheme and 21 of the Act. application procedures for land use management.
The Act also deals with land use management and land development management, and provides for the Spatial planning in a municipal area is undertaken in terms of the spatial development framework (SDF) establishment and procedures of municipal planning tribunals. of the municipality and is adopted as a sector plan in the IDP. The municipal SDF is a strategic policy instrument of a municipality. For example, a municipal SDF must interpret and represent the spatial Planning law comprises three separate, yet interrelated processes, namely: development vision of the municipality, represent the integration and trade-off of all relevant sector • spatial planning, which is the compilation of an initial plan or framework for future development; policies and plans, contribute to a coherent, planned approach to spatial development in the municipal • land use management, which is the administration and regulation of changes to the use of land area, provide direction for strategic developments and infrastructure investment, promote efficient, as determined in the original plan or framework; and sustainable and planned investments by all sectors and indicate priority areas for investment in land • land development management, which is the control of development that occurs after the land development, etc. use has been determined either as a result of the spatial planning process or the land use A municipal SDF must contribute to and form part of the municipal IDP and assist in integrating, management process, such as after rezoning. coordinating, aligning and expressing development policies and plans emanating from the various SPLUMA recognises these processes and is structured accordingly. sectors of the spheres of government as they apply within the municipal area.
Spatial planning and land use management of municipalities will take place within the framework A municipal SDF must, amongst others, identify current and future significant structuring and restructuring provided for by SPLUMA and the provincial spatial planning and land use management acts of the elements of the spatial form of the municipality, including development corridors, activity spines and various provinces. economic nodes where public and private investment will be prioritised and facilitated, include estimates of the demand for housing units across different socio-economic categories and the planned location and density of future housing developments, and identify, quantify and provide location requirements of engineering infrastructure and services provision for existing and future development needs for the next
118 Section 3(2A) 121 Chapter 4 five years. 119 Section 7 122 Part D and E of Chapter 4 120 Section 8 18 38
Chapter 18 final.indd 38 2015/04/17 12:41:04 PM In addition the municipal SDF must contain an implementation plan which must consist of− (i) Dams and Reservoirs: Major dams and reservoirs;
(a) sectoral requirements, including budgets and resources for implementation; (j) Canals: Constructed permanent waterways, e.g. irrigation canals and stormwater trenches; (b) necessary amendments to land use schemes; (k) Sewerage Plants and Refuse Areas: Areas designated as municipal and private sewerage
(c) specification of institutional arrangements necessary for implementation; treatment plants and refuse areas; (l) Science and Technology Structures: Any areas associated with the science and technology (d) specification of implementation targets, including dates and monitoring indicators; and sector, including astronomy reserves. (e) specification, where necessary, of any arrangements for partnerships in the implementation process. SPLUMA also regulates land development management, i.e. the control of development that occurs after the land use has been determined, either as a result of the spatial planning process or the land use The City must develop and adopt a single land use scheme for its entire area of jurisdiction within five management process (e.g. after rezoning). years from the date of commencement of SPLUMA. In terms of SPLUMA the land use scheme must create suitable categories of land use zoning and regulations for the entire municipal area. The Gauteng When SPLUMA commences, it will repeal the Physical Planning Act 88 of 1967, the Physical Planning Planning and Development Bill does not give guidance to municipalities as to the different categories of Act 125 of 1991 and the Development Facilitation Act 67 of 1995. land use. There are other provincial Bills that do however create suitable categories, such as those of Draft Regulations in terms of SPLUMA were published for comment on 10 October 2014.123 the Free State and the North West Provinces, and the draft legislation gives an indication as to what the land use scheme will represent. Last mentioned provinces have provided for “surface infrastructure” as a category with the following as subcategories: 18.4.1.29. The Development Facilitation Act 67 of 1995
(a) National roads proclaimed in terms of the SANRAL Act; The Development Facilitation Act (DFA) was designed to introduce extraordinary measures to implement (a) Main roads: Proclaimed Provincial and regional roads. property programmes and projects. Sections 2 and 3 are relevant to the CITP as they list principles for
(b) Minor roads: Proclaimed Regional and local roads. land development that must be applied. It provides for example that the spheres of government must co-ordinate the interests of the various sectors involved in or affected by land development so as to (c) Public Streets: Public streets and parking areas within main town and rural settlements; 124 minimise conflicting demands on scarce resources. Section 27 provides that the City must set land (d) Heavy Vehicle Overnight Facilities: Areas designated for heavy vehicle parking and overnight 125 development objectives. These must include the planning of transportation. It should be noted that facilities; the DFA will be repealed in total once SPLUMA comes into operation.
(e) Railway lines: Railway lines and associated infrastructure; (f) Power lines: Power lines and associated sub-stations and infrastructure; 18.4.1.30. The Physical Planning Act 88 of 1967
(g) Telecommunication infrastructure: Any part of the infrastructure of a telecommunication network This Act has largely been repealed, but it empowers the Minister or MEC responsible for administering required for voice, data or video telecommunications, which may include all ancillary structures the Act to declare controlled areas in respect of which land use can be restricted. They may issue needed for the operation of telecommunication infrastructure; permits allowing certain land uses in those areas. It will also be repealed when the Spatial Planning and (h) Renewable energy structures: Any wind turbine or solar voltaic apparatus, or grouping thereof, Land Use Management Act comes into operation.
which captures and converts wind or solar radiation into energy;
123 Notice R.877 in Government Gazette 38077 124 Section 3(1)(l) 125 Section 28(1)(b)(iii) 18 39
Chapter 18 final.indd 39 2015/04/17 12:41:04 PM 18.4.1.31. The Control of Access to Public Premises and Vehicles Act 53 of 1985 The City should determine conditions in this regard under section 2(3)(a) of the Act, as well as contractual conditions for use of or access to the A Re Yeng system and, where appropriate, other PT premises and This Act controls access to public premises which are defined as “any building, structure, hall, room, vehicles under the control of the City. office, convenience, land, enclosure or water surface which is the property of, or is occupied or used by, or is under the control of, the State or a statutory body, and to which a member of the public has a right of access, or is usually admitted or to which he may be admitted”. Public vehicle is defined as “any 18.4.1.32. The Disaster Management Act 57 of 2002 vehicle, conveyance, ship, boat, craft or aircraft which is the property or under the control of the State This Act requires the City to establish and develop a framework for disaster management (DM) aimed or a statutory body, and which is used for the transport for profit or otherwise, of members of the public”. at ensuring the integrated and uniform approach to disaster management (DM) in its area.132 The The definition of statutory body includes any local authority. framework must be consistent with the national and provincial DM frameworks. The City must also establish a DM Centre which must specialize in issues concerning disasters and DM, and must also The A Re Yeng stations and Control Centre that are owned by the City will be covered by the definition perform the other functions set out in section 44(1) of the Act.133 The City must also develop a DM Plan of public premises in the Act. If the A Re Yeng buses will be owned by a private company, they may fall for its area, within the DM framework.134 outside of the ambit of the Act, but because the vehicles will be under the control of the City’s Control Centre, it appears that they will fall under the definition of public vehicle. The City’s DM Centre must act in the case of any disaster occurring in connection with its public transport
In the case of the premises and vehicles that fall under the Act, the City may take any steps it considers systems. The term “disaster” is widely defined to include natural occurrences and those caused by necessary to safeguard them and protect the people in them126. The City may direct that no one may humans. enter them without the permission of an authorised officer (any person authorised by the City). The officer may require that the person furnish stated information including proof of identity, declare the contents 18.4.1.33. The Promotion of Administrative Justice Act 3 of 2000 (PAJA) of his or her handbag or parcels etc., subject him- or herself to examination, or, where the Minister of 127 This Act is designed to give effect to section 33 of the Constitution which requires administrative action that Justice has so determined by notice in the Government Gazette, be searched . The authorised officer may impose conditions under which the person may enter the premises or vehicle, e.g. that he/she must is lawful, reasonable and procedurally fair. It provides for certain minimum procedures to be undertaken 128 carry proof of permission to enter, the duration of his/her stay, etc. An authorised officer may remove where an “administrative action” is undertaken. “Administrative action” is widely defined to include a an unauthorised person from the premises or vehicle.129 decision or failure to take a decision by an organ of state or persons and institutions performing public functions which adversely affect the rights of any person. Certain actions are specifically excluded, such 130 Persons The Act does not apply to members of the SAPS or SANDF in the exercise of their duties. as legislative and judicial functions and certain executive powers. who contravene the Act are guilty of an offence.131 No exact definition is given to “fair administrative procedure”, but it must include adequate notice When a passenger uses public transport he/she concludes a contract with the City or operator, as the of the nature and purpose of the proposed administrative action, a reasonable opportunity to make case may be. The City may thus determine contractual conditions under which the system and its assets representations, a clear statement of the administrative action, adequate notice of any right of review or may be used. Alternatively or in addition, the City may determine conditions under section 2(3)(a) of the internal appeal, if any, and adequate notice of the right to request reasons (section 3). In terms of the Control of Access Act, and can then prosecute persons who contravene them under section 4. Act any person whose rights have been materially and adversely affected by administrative action may request reasons for the action (section 5).
126 Section 2(1) 128 Section 2(3)(a) 132 Section 42(1) 127 Section 2(2). The Minister has gazetted the airports under 129 Section 2(3)(b) 133 Section 43(1) the control of ACSA for this purpose 130 Section 3 134 Section 53(1) 18 131 Section 4 40
Chapter 18 final.indd 40 2015/04/17 12:41:04 PM So, to sum up, PAJA provides that where the City undertakes any administrative action as defined in the 18.4.2.3. The Gautrain Management Agency Act 5 of 2006 Act, it must notify affected persons and allow them the opportunity to comment. The Act must be read This Act established the GMA to assist the Province to implement the Gautrain Rapid Rail Link Project, with its regulations. The process can involve either a “notice and comment” procedure or one or more to act on behalf of the Province in managing concessionaires for the project, to manage the assets and public hearings. finances of the project, etc. One of the most important of its objectives is to “enhance the integration of the project with other transport services and Public Transport Plans”. The City has thus liaised with the 18.4.1.34. The Promotion of Access to Information Act 2 of 2000 GMA in integrating public transport services as part of the CITP.
In terms of this Act any person can obtain access to information held by the State, or by another person where the information is required for the exercise or protection of any rights. It also applies 18.4.2.4. The Gauteng Transport Framework Revision Act 8 of 2002 to information held by “public bodies”, which include any department of state or administration in the This Act was amended in 2008137 to create the Gauteng Transport Management Authority (GTMA). The national or provincial sphere of government or a municipality or any other body exercising powers under GTMA was never implemented and has been replaced by the GTC. Act 3 of 2008 is in the process of the Constitution, a provincial constitution or any other legislation. The Act and its regulations provide for being repealed.138 Act 3 of 2008 which created the GTMA has now been repealed. procedures and format of requests for information. The Act must be read together with its regulations.135 Chapter 11 of this Act provides for the establishment of co-ordination structures at the political and
technical levels respectively, namely the Gauteng Transport Consultative Forum (GTCF) and Transport 18.4.1.35. The Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 Co-ordination Committee (TCC). The Gauteng 5-Year Implementation Plan states that the functioning of This Act is designed to promote equality and prevent and prohibit unfair discrimination and harassment. these two bodies has been successful to some extent. Both the GTCF and the TCC were established, The Act prohibits certain practices related to discrimination, including hate speech. Contravention of the with the TCC probably the more successful of the two bodies. As these structures have largely been Act is an offence. It also provides for various measures to prevent discrimination and harassment. initiated by the province, they were not always acknowledged and supported to the same degree by the municipalities. The concern was expressed from time-to-time that the province was interfering in the areas of responsibility of the municipalities. They also criticized the province of relying too much on 18.4.2. PROVINCIAL LEGISLATION support by consultants even as far as participating in the proceedings during meetings.
18.4.2.1 The Gauteng Public Passenger Road Transport Act 7 of 2001 Section 37 of this Act provides for the establishment of a Joint Planning Structure (JPS), “to deal with common transport planning matters on a provincial wide basis”. The Gauteng 5-Year Plan states This Act was largely a response to the NLTTA, and has now been repealed.136 that as a point of departure, the TCC agreed that the role of the JPS should initially be fulfilled by a subcommittee of the TCC to be called the Transport Planning Subcommittee or TPC. This would 18.4.2.2. The Gauteng Transport Infrastructure Act 8 of 2001 result in the disestablishment of TCC: Working Group 1 which was responsible for the co-ordination of transport planning in the province. The basic purpose of the TPC is to advise the TCC on the co- This Act deals comprehensively with provincial roads and railway lines in Gauteng Province. In terms ordination of municipal transport plans, to incorporate municipal plans into the PLTF and to develop of Schedule 5 of the Constitution provincial roads are an exclusive provincial competence. The railway province-wide transport policies and strategies. Neither the TPC nor JPS were implemented despite the lines for the Gautrain Rapid Rail Link Project were proclaimed under this Act and are managed in fact that most of the preparatory work for their establishment was completed. This was probably due to terms of it. The Act also deals with issues such as building restriction areas alongside provincial roads, significant changes in the organisational structure provincial roads and transport department over the permissions to enter onto or encroach upon provincial roads, railway lines and reserves, etc. years, coupled to some reservations by the municipalities on the merits of these bodies.
135 Notice 223 in in Government Gazette 22125 of 9 March 2001 137 By Act 3 of 2008 136 By the Gauteng Transport Laws Repeal Act 4 of 2012 138 By the abovementioned Gauteng Transport Laws Rationalisation Bill, 2012 if it is passed 18 41
Chapter 18 final.indd 41 2015/04/17 12:41:04 PM 18.4.2.5. The Gauteng Provincial Road Traffic Act 10 of 1997 18.4.2.9. Gauteng Regulations on Procedures to be followed in Promoting Public Participation in the Transport Planning Process, 2013 This Act supplements the NRTA. Most of its provisions have been repealed to respond to amendments 139 to the NRTA, and currently the provincial Act only deals with fees to be charged for road traffic matters, The abovementioned Regulations were promulgated on 12 September 2013 and require the City to such as vehicle licence fees. undertake certain procedures before and during the transport planning process. Section 3(2) reads as follows:
18.4.2.6. The Local Government Ordinance 17 of 1939 “(2) Before municipalities may commence with the development of such integrated transport plans, members of the public and other interested parties must be invited to make written submissions This Ordinance still applies in Gauteng, and contains various provisions that are relevant, for example on matters to be included and considered in the transport plans taking into account the immediate powers of municipalities to establish parking garages, ranks, stands, terminals etc., to let, sell or dispose transport needs and challenges of the public in that [sic] area of [sic ]planning authority.” of municipal property, specific powers to make by-laws and so on. The notice must be published in at least two newspapers circulating in the area of the planning authority
(City), one of which must be in English. The notice must also be placed on public notice boards at the 18.4.2.7. The Town Planning and Townships Ordinance 15 of 1986 City’s offices throughout the Province. This Ordinance deals with issues such as procedures for establishing townships on farm land, approvals As the planning process commenced in 2000 it was clearly impossible for the City to comply with this that must be obtained, conditions that may be imposed, etc. As regards transport infrastructure, it provides requirement. However, the rules of interpretation of statutes require persons and institutions to comply that the City is responsible for external services provided to townships such as roads, i.e. services with legislation insofar as is possible, and the City took steps in 2014 to comply. outside the borders of the township, and that the developer is responsible for internal infrastructure, such as streets within the township. Provision is made for development contributions. Section 4 deals with stakeholder engagement “on completion of the first draft” of the ITP. As the process of preparing the 2006 plan was completed this should probably be read as applying to the first draft of
the CITP which is currently being prepared. The City has published the Status Quo Report for the plan 18.4.2.8. The draft Gauteng Planning and Development Bill, 2012 for comment. Once the draft CITP is available, the City must issue a notice that the draft is available for This Bill deals with the planning and development of land use in Gauteng and provides for provincial inspection through newspapers circulating in its area and place the notice on public notice boards in the planning and the coordination of national, provincial and municipal land use and development policies. It Municipal Offices and reception areas of Multi-Purpose Community Centres. provides for the land use planning functions of the Province and the process of provincial planning, land The City must then begin to engage members of the public and stakeholders by inviting them to comment use schemes in the management of land use by municipalities, the regulation of municipal land use, the on the first draft following the consultative mechanisms contemplated in section 19(3) of the Municipal establishment of a municipal appeal tribunal, the procedure for appeals and of the appeal tribunal and Structures Act. That section requires the City to develop mechanisms to consult the community and the control and enforcement of land use. It provides for municipal spatial development frameworks and community organisations in performing its functions. The draft must be made available to the public land use schemes. by placing copies in the Municipal Offices and Community Centres and the copies must be available The Bill will repeal and replace the Gauteng Development Planning Act 3 of 2003. It also proposes to for download from the City’s Website. The City must determine a time within which comments and repeal the Advertising on Roads and Ribbon Development Act 21 of 1940 but does not deal with outdoor submissions must be addressed to the City. Where appropriate the City may invite stakeholders and advertising. Possibly the intention is to bring section 44 of the Gauteng Transport Infrastructure Act (on members of the public to a meeting to deliberate on the comments and to further clarify complex issues advertising along provincial roads) into operation at the same time as the Bill once it is passed as an act. that may arise.
139 Notice 2441 in Prov. Gazette Extraordinary 266
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Chapter 18 final.indd 42 2015/04/17 12:41:04 PM Section 5 provides that after the public participation process the City must, having followed its internal on the South African Manual for Outdoor Advertising Control (SAMOAC). SAMOAC was a joint effort in processes including adoption of the plan by the Council, submit the plan to the MEC for approval 1998 between the DoT and the former DEAT. It provides for dividing up areas into areas of maximum under section 36 of the NLTA. The City must include a report regarding the public participation process and minimum control for the purpose of deciding what advertisements will be allowed and the approvals indicating compliance with the regulations. This must be read with section 7 of the national Minimum that will be required for certain advertisements. SAMOAC was revised and updated in 2011. The revised Planning Requirements which provides that the MEC must set a date by which the plan must be version (still in draft form) states that: prepared. After the initial submission of the plan (the 2006 plan was submitted to the MEC), the MEC must determine the date for the submission of subsequent plans. The MEC must publish that date in “Since the completion of the 1998-edition of SAMOAC the outdoor advertising milieu has the Provincial Gazette. changed to a large extent. As can be expected human ingenuity led to radical changes in outdoor advertising technology over the past decade in order to make advertising messages ever more The remainder of the Regulations deal with the duties of the Province in preparing its Provincial Land conspicuous. Digital outdoor signs are currently in vogue and are creating certain unexpected Transport Framework under section 35 of the Act. impacts on both road safety and the human living environment. These signs come in almost When the plan and the public participation process are complete, the City must submit the plan to the every shape and format …. Digital billboards are currently causing a major headache to roads MEC by the date determined by the MEC and published in the Provincial Gazette. The plan must be authorities and other controlling bodies in countries such as the United States of America. accompanied by a report on the public participation process. Although important lessons have been learned since 1998 the main problem of outdoor sign proliferation has not been solved, but has intensified instead.” It is not clear from the Regulations whether the City should follow the same procedures when the CITP is updated annually or overhauled every five years, as required by the Minimum Requirements. It is In 2011 the Department of Environmental Affairs also commissioned a study titled An Investigation into suggested that the procedures should be followed each time an update or overhaul is done, as it is also the Outdoor Advertising Industry in SA with specific focus on legislative and management frameworks. a requirement of section 5 of the Systems Act that the local community should be involved in decision The study provides a detailed analysis of applicable legislation and of the authorities responsible for making processes. outdoor advertising and makes recommendations to solve the identified shortcomings. It also addresses the problems of insufficient legal instruments to control the situation and remove illegal signage. 18.4.3. MUNICIPAL LEGISLATION In terms of section 3 of the By-Laws no one may erect, maintain or display an advertising sign that is visible from a public place without the consent of the City. The City may divide its area into areas of 18.4.3.1. City of Tshwane Handheld Parking Meter By-Law, 2013 maximum or partial control. Consent for advertisements is then given based on the type of sign (aerial These by-laws were promulgated on 4 September 2013140 and repeal the Parking Meter By-Laws signs, animated signs, small, large and super billboards, stack signs, estate agents’ boards etc.). promulgated on 9 February 2005. They provide for the regulation of allocated on-street parking and
payment for on-street parking bays, authorise parking marshals and provide for enforcement of the 18.4.3.3. City of Tshwane draft Public Passenger Transport By-Laws handheld parking meter system.
These draft By-Laws are in the process of being developed. They will deal with issues such as the 18.4.3.2. The City of Tshwane Control of Outdoor Advertising By-Laws, 2006 operation of public transport facilities (ranks, stands etc.), installation and use of meters in taxis, operation of taxis etc. In terms of Part B of Schedule 5 of the Constitution, the City is responsible for “Billboards and the display of advertising in public places”. These By-Laws were promulgated on 1 February 2006141 and are based
140 Notice 519 of 2013 141 Notice 355 of 2006 in Provincial Gazette 26
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Chapter 18 final.indd 43 2015/04/17 12:41:05 PM 18.5. LEGAL AND INSTITUTIONAL ISSUES REQUIRING c) Make a reasonable offer to the operator of alternative services, or of a monetary settlement, ATTENTION which must bear relation to the value of the unexpired portion of the contract, if any. If the negotiations break down, the matter must be settled by mediation or arbitration.143 The High Court This section raises some legal and institutional issues that may or will require further attention. in Cape Town has held that the duty of the City to negotiate does not mean it has to reach agreement.
If negotiations break down the City may make a final offer to the operator(s), and then proceed to 18.5.1. Interaction with other road authorities negotiate with other operators or invite tenders for the services. The mediation and arbitration provisions will be repealed if the NLT Amendment Bill is passed in its present form. In terms of the SANRAL Act SANRAL is responsible to plan national roads. This raises the possibility
that their planning could conflict with the City’s planning. The NLTA provides that “All persons, including Where the existing operators do not have contracts, they still hold permits or OLs which will entitle them the State and parastatal institutions, agencies and utilities, are bound by the provisions of integrated to continue operating in competition with the A Re Yeng services. Section 39 of the NLTA provides that 142 transport plans published under subsection (1) …”. .This means that SANRAL is bound by the City’s where the CITP shows a surplus of services on a particular route, the City may either: ITP, but it should be noted that a plan, even a statutory one, may not be in conflict with legislation. a) Offer the operator an alternative service, if possible; or The powers of SANRAL to plan a national road in a certain area, being statutory powers, may thus b) Allow the operator to continue operating and impose a moratorium on new OLs on the route, by override the provisions of the ITP, for example where the ITP does not allow for the national road in making appropriate representations to the PRE. question. There is no provision for the City to expropriate or withdraw permits or OLs. It can of course reach Similarly, the MEC is responsible to plan provincial roads in terms of the Gauteng Transport Infrastructure agreement with the operators that they will surrender their permits/OLs for payment of compensation, Act, 2001. As indicated above, the former provincial Transport Co-ordination Committee (TCC) is now i.e. “buy them out”. The City does, however, also have the following remedies: defunct and hopefully the GTC will address this issue. - The City should involve the operators in the entities operating the A Re Yeng services where
possible, and then at the same time require the operators to agree to relinquish their permits/ 18.5.2. Rights of existing permit holders OLs.
A thorny issue that has arisen in the cities that have implemented or are implementing BRT systems is - The City can apply law enforcement measures to stop illegal operations. Surveys have shown how to deal with bus and taxi operators who will lose their businesses or suffer a reduction of income that there are a large number of taxi operators who are operating illegally. Some of them do when the BRT system is introduced. In the case where such a bus operator is currently operating a not have permits/OLs at all, while others have applied to the PRE or former Operating Licence subsidised or negotiated contract (currently managed by the Province), section 46 of the NLTA applies. Board for OLs, but the PRE either has not processed the application yet or has refused the The City must either: application, in which case the operator is invariably continuing to operate.
a) Allow the contract to run its course, i.e. wait until the expiry date of the contract arrives and then - In addition, the NLTA provides that the PRE may withdraw an OL if the operator has not been let it lapse (or give earlier notice of termination of the contract if the provisions of the contract operating for more than 180 days (so-called cupboard permits). The City can request the PRE allow for this); or to take action to withdraw these permits/OLs if it can prove, e.g. by means of surveys, that the b) Negotiate with the operator to amend the contract to include the operator in is IPTN. Usually this operator has not been active in the last 180 days. will mean a new contract with the bus operator and/or other bus or taxi operators to operate the TRT services; or
142 Section 38(2) 143 Section 46(2) of the NLTA read with the Contracting Regulations
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Chapter 18 final.indd 44 2015/04/17 12:41:05 PM - If all else fails the City can reach agreement with the operators that they will “sell” their permits/ regulations on these assessments, but has not yet done so. No action may be taken to decrease the OLs, i.e. offer them up for cancellation in return for compensation. This has been done in quantity or availability of land transport infrastructure unless the land owner or OL holder has notified Johannesburg and Cape Town. the City at least 30 days before the action is taken. The section provides for procedures for granting approvals. Persons who act in conflict with section 38 commit an offence, and the City may obtain a 18.5.3. Interaction between land use/development and transport planning court order to demolish structures erected in conflict with it or to grant alternative relief.
The City’s IDP is prepared in terms of Chapter 5 of the Systems Act. The interaction of land use and 18.5.4 Funding issues development planning with transport planning must be considered. As stated above, section 31 of the NLTA provides that land transport planning must be integrated with the land development and land The general lack of funding for transport projects and issues has been identified as an ongoing problem. use planning processes, and that the ITP must be accommodated in and form an essential part of the The Report on the Review of the Previous ITP has identified a number of issues relating to funding IDP. The ITP must form the sectoral transport component of the City’s IDP. The IDP takes precedence that will not be repeated in this document. One important issue that emerged is that too little attention because it is a plan that binds and integrates all different sector plans. This does not mean that the IDP is paid to maintenance of transport infrastructure, as the emphasis is usually placed on funding new is more important than the ITP. A key challenge for the City will be to align the CITP and IDP processes infrastructure. in an effective and efficient manner. The NLTA obliges the City to establish a Municipal Land Transport Fund, which must be used to The NLTA provides that every municipality to which the OL function has been assigned must arrange, implement the NLTA. The City is in the process of establishing the Fund, which could assist in attracting or if necessary reorganise, its administration so that the function of managing and funding transport funding from the Minister and MEC. The City should also investigate the possibility of introducing some matters and land use planning, as well as the other functions contemplated in the Act, are integrated. of the user charges mentioned in section 28 of the NLTA. Ideally the City should have one division/unit dealing with all of the functions and place administrative The NLTA Regulations on Contracting for Public Transport Services contemplate that the current PTOG procedures in place to deal with conflicts. funds allocated to the Province for bus subsidies should be diverted to the City once it has concluded The DoT Planning Guidelines state inter alia that “Integrated development plans (IDPs) encapsulate contracts for its BRT services, and also presumably once it has received assignment of the contracting 144 all aspects of strategic planning”. As part of the IDP, a spatial development framework (SDF) must be authority function in respect of the existing provincial bus contracts. developed, which must be integrated with the transport plan (CITP) for the area. The SDF so developed must be taken up in the CITP, clearly showing existing and intended transport corridors and nodes, and areas earmarked for mixed land use and densification.
The structuring of the Departments within the City’s administration are evaluated in Chapter 15 which provides an institutional report, with recommendations for restructuring.
Section 38 of the NLTA provides that transport plans, including the ITP, are binding on all persons, including the state and parastatal institutions, agencies and utilities. Substantial changes or intensification of land use must be approved by the City, which must provide written consent. Property developments are subject to traffic impact assessments and public transport assessments. The Minister may make
144 See regulation 2(2)(b)
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Chapter 18 final.indd 45 2015/04/17 12:41:05 PM Chapter 18 final.indd 46 2015/04/17 12:41:05 PM COMPREHENSIVE INTEGRATED TRANSPORT PLAN
CHAPTER 19 FUNDING STRATEGY
Chapter 19 final.indd 1 2015/04/17 01:43:36 PM CONTENTS INTRODUCTION 1 19.1. RELEVANT LEGISLATION 2 19.2. FUNDING SOURCES 3 19.2.1. Internal Public funding 3 19.2.2. External Public funding 3 19.2.3. Other funding options 5 19.2.4. Summary of CoT Transport Funding 8 19.3. OVERVIEW OF CITY OF TSHWANE CAPITAL BUDGET 9 19.3.1. CoT’s Capital Budget by Department 9 19.3.2. CoT’s Transport Capital Budget 2013-2016 11 19.3.3. CoT’s transport operating budgets 12 19.4. PROJECT PRIORITIZATION PROCESS 13 19.4.1. Overview 13 19.4.2. The Capital Planning System (CaPS) of Tshwane 13 19.4.3. Proposed Transport Technical Prioritization Model 15 19.5. FINANCIAL MODEL AND PROGRAM OF PROJECTS 15 19.5.1. Overview of Financial Model 15 19.6. PROGRAM OF PROJECTS AND FINANCIAL RESULTS 16 19.7. CONCLUSIONS AND RECOMMENDATIONS 27
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Chapter 19 final.indd 2 2015/04/17 01:43:36 PM CHAPTER 19 FUNDING STRATEGY
INTRODUCTION
Government financial oversight at all levels of government is critical to ensure that all transport infrastructure and facilities provided are accessible to all and further ensure that they are used for purposes of facilitating economic growth. Existing transport financial findings and trends which are presented in this chapter are therefore such sector catalysts, although in general terms transport is not seen by National Government as a guarantee of socio-economic development of the country as a whole.
In order to implement the various strategies and plans of the CITP it is imperative to develop a sustainable funding strategy to deal with the diverse and competing priorities. The goal of the funding strategy is to develop sustainable funding sources and to pursue innovative opportunities for revenue generation. Furthermore, to allocate the available funding in an efficient manner to promote the establishment of a sustainable transport system which is core to the social and economic development of any municipal area.
According to the Technical Transport Planning Guidelines for CITPs, the funding strategy and summary of proposals and programs of the CITP must contain the following components:
• Summary of proposals: This chapter must contain a synopsis or summary of proposals and programmes provided for in the plan. Proposals and programs should be realistic and not be too ambitious, either in financial terms or with regard to the capacity of the authority. Where appropriate, projects should be phased over a realistic period or relegated to a future year or planning cycle.
The proposals and programs must link with the integrated development plan (IDP) process of the municipality concerned and form the sectoral transport component of the IDP as required by Section 18(1)(a) of the Act.
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Chapter 19 final.indd 1 2015/04/17 01:43:37 PM • Funding strategy 19.1. RELEVANT LEGISLATION The funding strategy must deal with sources of income and funding constraints. The funding strategy must include a financial program giving expected sources of revenue and estimates The following acts are relevant when considering the funding strategy: of expenditure arising out of the preparation, implementation and operation of the different • Municipal Finance Management Act 56 of 2003 (MFMA) transport strategies, over the five-year period in which the plan is to be implemented. The focus must be on actions that are possible in the light of secured financial resources. The financial environment of a municipality is regulated by the Municipal Management Finance Management Act (MFMA), Act No 56 of 2003. The purpose of the Act is to secure sound and • Prioritisation of projects: sustainable management of the financial affairs of the municipality and other institutions in the All actions identified in the different strategies must be subject to a process of prioritisation and local sphere of government, to establish treasury norms and standards for the local sphere of allocation of funds, which will depend on budgetary constraints. government and to provide for matters connected therewith.
• Budget per project and program: Furthermore, the act contains budgeting procedures and requirements, procedures if the City The funding strategy must be concluded by the preparation of a budget and program for a five wishes to enter into contractual arrangements which impose obligations on the City beyond the year period of which the first year will be in substantially greater detail than the following four 3 years covered by the annual budget. This act also outlines the guidelines that regulate Public years of this period. Private Partnerships (PPPs).
This Chapter is structured according to the deliverables specified by the CITP Guidelines, and includes: • Municipal Property Rates Act 6 of 2004
• Legislation governing funding; This act empowers the City to levy rates on properties and makes provision for the establishment • Funding sources, addressing various internal and external funding sources, including public of special rating areas. In addition, the act allows the City to agree with land owners to off set private partnerships (PPP’s); rates against development contributions.
• The CoT Budget - capital and operations; • Division of Revenue Act (DoRA) • The Project Prioritization Process, including the prioritization model and criteria, and prioritization The main mechanism through which national, provincial and municipal authorities obtain funding results; for their expenditure requirements is the Division of Revenue Acts (DoRA). DoRA stipulates how • Financial Model, including a description of the model, its inputs and outputs; nationally raised revenue will be shared between the three spheres of government (national, • Five Year Implementation Program; and provincial and local) annually. National and provincial departments can also transfer some of • Conclusions and Recommendations their own resources to governments in other spheres in the form of conditional or unconditional grants. Even though some of the infrastructure grant allocations are published in terms of DORA as conditional grants, there is a risk that municipalities’ allocations can be reduced if funds are misused or if funds are not spent. This will result in the City not meeting some of the social and service delivery responsibilities allocated to it.
The objectives of the Act are to:
(a) Provide for the equitable division of revenue raised nationally among the three spheres of government;
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Chapter 19 final.indd 2 2015/04/17 01:43:37 PM (b) Promote predictability and certainty in respect of all allocations to provinces and municipalities, The MLTF creates the possibility for the CoT to ring fence income that can be used to implement in order that provinces and municipalities may plan their budgets over a multi-year period the Comprehensive Integrated Transport Plan and perform the duties outlined in the NLTA. and thereby promote better coordination between policy, planning and budgeting; and Consequently it is recommended that the CoT establishes the MLTF as soon as possible in order to be able to ring fence qualifying sourced of funding accruing to the Municipality and to (c) Promote transparency and accountability in the resource allocation process, by ensuring that over time incorporate other user charges that support the realisation of the CITP’s vision. all allocations are reflected in the budgets of provinces and municipalities and by ensuring that the expenditure of conditional allocations is reported on by the receiving provincial departments and municipalities. 19.2. FUNDING SOURCES • National Land Transport Act 5 of 2009 (NLTA) Table 19.1 summarises the various funding sources available to the CoT for transport purposes. These According to Section 27 of the NLTA, every municipality that is establishing an integrated public funding sources are briefly discussed below: transport network must establish a fund for its area known as a Municipal Land Transport Fund (MLTF). The CoT is therefore obliged to establish a MLTF. The MLTF must receive, record, account for and report on money earmarked for the fund. According to section 27 the following 19.2.1. Internal Public funding money shall be paid into the fund: City revenue (User payments, Internal Business) provides possible sources of revenue that may be o Money appropriated by the Minister for the MLTF; used for transport infrastructure development and maintenance o Money appropriated by the MEC for the MLTF;
o User charges collected in terms of section 28 of the NLTA (as described below); 19.2.2. External Public funding o Interest on invested cash balances belonging to the NLTA; and o Donations and contributions to the NLTA from any other source, including foreign aid The main source of external funding of the City is allocations made by National Government on an annual agencies. basis as promulgated in the Division of Revenue Act (DoRA). The allocations are either unconditional allocations or conditional allocations. The unconditional allocations are made in the form of an “Equitable The Municipality must administer the MLTF and use the funds to defray the cost of the functions share”, which can be utilised at the discretion of the Municipality in order to meet their constitutional and Municipality in terms of the NLTA or its Integrated Transport Plan, and to cover any other legislative mandates and responsibilities. expenditure that will promote the objects of the NLTA in its area.
According to Section 27, the NLTA allows the Municipality to impose user charges, which may differ from case to case, on—
o specified classes of motor vehicles entering specified portions of its area at specified times; o land, buildings or other developments that generate the movement of passengers, including land or buildings of which the State is the owner, in its area; o the parking of motor vehicles in a building or on land in specified portions of its area; and o parking places for, or the use of ranks, stops and terminals by, motor vehicles in such portions.
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Chapter 19 final.indd 3 2015/04/17 01:43:37 PM Table 19.1: Available Funding Sources for Transport The conditional allocations are made as a number of conditional grants earmarked for specific
COT DEPARTMENT infrastructure delivery. The following grants are available under DoRA: UNCONDITIONAL OF TRANSPORT Municipal Infrastructure Grant (MIG): The largest infrastructure transfer is made through the municipal Equitable share Sched 3 of DoRA • infrastructure grant, which supports government’s aim to expand service delivery and alleviate poverty. Conditional Grants The grant funds the provision of infrastructure for basic services, roads and social infrastructure for poor Urban Settlements Development Grant (USDG) Sched 4B (31) • households in all non-metropolitan municipalities. Integrated City Development Grant Sched 4B (10) • Urban Settlements Development Grant (USDG) is an integrated source of funding to upgrade urban Municipal Systems Improvement Grant Sched 5B (3) X informal settlements in the eight metropolitan municipalities. The grant is allocated as a supplementary Energy Efficiency and Demand Side grant to cities (schedule 4 of the Division of Revenue Act), which means that municipalities are expected X Management Grant Sched 5B (29) to use a combination of grant funds and their own revenue to upgrade informal settlements. Cities Municipal Human Settlements Capacity report their progress on these projects against the targets set in their service delivery and budget Grant Sched 5B (31) implementation plans. Infrastructure Skills Development Public Transport Infrastructure Grant (PTIG) is administered by the Department of Transport. This Grant Sched 5B (10) grant was previously the public transport infrastructure and systems grant. The operational portion of Local Government Financial the previous grant has been separated as the public transport network operations grant since 2013/14, Management Grant Sched 5B (10) X meaning that the infrastructure grant will only fund capital expenditure. The grant aims to help cities Expanded Public Works Programme create new and improve existing public transport and non-motorised transport infrastructure. This Integrated Grant for Municipalities Sched 5B (7) includes the provision of infrastructure for bus rapid transit systems.
Public Transport Network Operations Public Transport Network Operations Grant (PTNOG): Closely linked to the PTIG is the PTNOG Grant (PTNOG) Sched 5B (37) • which is earmarked to subsidise the operational costs of public transport systems built through the Water Services Operating Subsidy Grant Sched 5B (38) Public Transport Infrastructure Grant. As said above both these grants formed part of the public transport Municipal Disaster Recovery Grant Sched 5B (3) infrastructure and systems grant. Municipal Infrastructure Grant (MIG) Sched 5B (3) x The Neighbourhood Development Partnership Grant (NDPG): is administered by the National Integrated National Electrification Sched 5B (29) Treasury and has two components in the 2014 MTEF. One focuses on urban areas and the other focuses Programme (Municipal) Grant on towns and rural areas. The urban component supports and facilitates the development of urban Rural Households Infrastructure Grant Sched 5B (31) X network plans to create a platform for third-party public and private investment to improve the quality of Neighbourhood Development Partnership life in township urban hubs. Projects in towns and rural areas will be implemented in conjunction with the Grant (NDPG) Sched 5B (10) • Department of Rural Development to support catalytic projects in these areas. Public Transport Infrastructure Grant (PTIG) Sched 5B (37) • Integrated Cities Development Grant (ICDG) provides a financial incentive for metropolitan Rural Roads Asset Management Systems Grant Sched 5B (37) X municipalities to integrate and focus their use of all available infrastructure investment and regulatory Municipal Water Infrastructure Grant Sched 5B (38) x instruments to achieve a more compact and efficient urban spatial form. Cities are required to submit
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Chapter 19 final.indd 4 2015/04/17 01:43:37 PM Built Environment Performance Plans for this grant. The plan provides a brief strategic overview of a The principle of this mechanism is that the additional density awarded improves the financial profitability city’s plans for the built environment, with a focus on the infrastructure grants that form part of the capital of the project thereby enabling the developer to afford the required contribution. budget. The plan should show how the municipality will ensure alignment between its different grant- This mechanism brings the added benefit that it supports the city’s densification goals. The city, however, funded programmes and how it will address related policy and regulatory matters. From 2014/15, all needs to ensure that areas identified enjoy adequate demand to support the densification and that the projects funded by sector-specific infrastructure grants, including the Urban Settlements Development infrastructure in the area can support the added burden. Grant (USDG), the Public Transport Infrastructure Grant (PTIG), the Neighbourhood Development Partnership Grant (NDPG) and the Integrated National Electrification Programme Grant (INEP), must Inclusionary zoning – Zoning regulations for a specific are required developers to include a certain form part of a metropolitan municipality’s Built Environment Performance Plan (BEPP). number or percentage of low to moderate income housing. This could be further enhanced through additional density, thereby creating greater opportunity for cross subsidization. The BEPP of the CoT is discussed in more detail in a subsequent chapter. The benefit is promotion of mixed income communities, allowing lower income brackets of the community 19.2.3. Other funding options to share in the prosperity of the city created by new developments. It also allows a greater portion of the work force to live in closer proximity to their place of employment. Unfortunately public funding sources are inadequate to fund all the required infrastructure to implement A word of caution, the risk exists that if the differential between the upper and lower income brackets the proposed TOD Concept and as a result the Municipality will have to explore innovative alternatives catered for are too big it could have a negative impact on the popularity of the development. This could to mobilise private party funds. A number of options have been identified: perhaps be addressed through a precinct approach s apposed to a building by building approach or by limiting the range of income groups targeted. Furthermore, lower income accommodation could be 19.2.3.1. Value capturing made available as rental units which could improve the management of the units.
Value capturing is the entails the principle of local government extracting the increase in property value Additional development “space” is created by making the Air rights above public infrastructure and that resulted from some form of public investment. This investment is normally by way of development facilities available for development. This could include development above stations or parking areas of new infrastructure or the renovation or improvement of existing infrastructure. Especially transport or across rail lines or roads. The airspace could be made available against cash compensation or infrastructure has proven to be a great catalyst for economic development and generating opportunities contributions in kind. for wealth creation. Joint development – Council enters into a joint development agreement with a developer with both A prime example is Transit-Oriented Development (TOD) which provides a significant opportunity to parties contributing to the cost of the development. Council’s contribution will typically be the land on capture the increase in market value created by the improved accessibility and “additional feet” that it which the development takes place. Council could make the land available on a long lease basis thereby generates as it facilitates the movement of large numbers of people. creating a revenue stream which would bolster Council coffers. A number of value capturing mechanisms can be considered. City Improvement Districts or Special Rating areas can be established where property owners within Incentive zoning is where developers are incentivised by allowing them higher density developments in an area agree to pay a tax or levy in addition to their normal rates and taxes to be used in uplifting exchange for some form of contribution from them which is to the benefit of the community or assist the and maintenance of the area. These additional payments are ring-fenced for use only in the Special municipality to deliver on their mandate. Higher densities may be achieved by allowing a developer an Rating Area. The services would normally included service over and above the normal service provided additional floor of office space in an office block development or allowing additional residential units per by the Council, such as cleaning and maintenance, safety and security, social services and capital hectare. In return the developer is obliged to develop affordable housing units, establish public facilities, improvements. Capital improvements could include upgrading of pavements, provision of streetlights or build infrastructure, historic preservation or contribute to a fund earmarked for a specific purpose. lighting of walkways, landscaping, etc.
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Chapter 19 final.indd 5 2015/04/17 01:43:37 PM Development charges which represent levies imposed on developers when land is rezoned or A well-structured PPP offers both public and private participants with a number of advantages. From the development permits or building permits are issued. The city needs to ensure more effective cost Municipality’s point of view these benefits include: recovery on the services that it provides, including security access restrictions, way leaves and pavement • Transfer of risk to the party best placed to manage the risk. reinstatement. The current developer contribution formula, and the manner in which it is applied, may need to be reviewed to ensure increased cost recovery. • The public sector benefit from private sector skills, often achieving more efficient and effective project implementation and operation.
19.2.3.2. Public Private Partnerships • Mobilisation of private funding. • Access to increased capacity available in the private sector. The term Public-Private Partnership (PPP) has no legal definition and is used to describe a wide variety of arrangements between the public and private sectors working together to deliver a Governmental • Numerous examples exist globally where Governments have found PPPs to be very effective in function. Although in many instances Governments tend to largely lose operational control over the ensuring that public facilities are delivered on time and on budget, are properly maintained, and underlying project, the ultimate accountability to the citizens for the delivered service remains with the are able to deliver public services in the context of constrained resources.
appropriate the provision of public infrastructure under long term contracts can be structured in two main Unfortunately PPPs are not always the optimal procurement option as it also comes with considerable “types” of PPPs. challenges. The disadvantages of a PPP procurement process include the following: Concession PPP • – The municipality grants a private party the right to design, build, finance, and • The number of parties involved and the long-term nature of their relationships often result in operate a public sector owned infrastructure asset. The concession contract normally covers a complicated contracts and complex negotiations, and therefore high transaction and legal costs. fixed period around 25–30 years, after which responsibility for operation reverts back tothe PPP projects can take years to complete. municipality. The concessionaire recoups its investment, operating, and financing costs, while • Transferring of risks to the private sector comes at a price which may outweigh the benefits to making a return commensurate with the risk assumed by charging members of the public a user be gained. fee. Consequently, a key feature of a concession is that the private party usually assumes the market or demand risk, in addition to the risks of design, finance, construction, and operation. • Regulation 16 of the PFMA requires specific approvals by treasury and the process laid out in However, demand risk may be shared with the public sector, e.g.: the municipality may share the the PPP manual requires significant specialised capacity and resources form Government. risk by underwriting a minimum level of usage. Typical concession examples include toll roads, It is therefore essential, as stipulated in the PPP manual, to assess the suitability of a PPP for a specific railways, urban transport schemes, ports and airports. project already at an early stage of the project. To assess whether a PPP procurement strategy is • Availability-Based PPP – This arrangement is similar to a concession, i.e. the private party suitable for a specific project the PPP manual prescribes the following criteria to be evaluated: also assumes design risk, financing risk, construction risk, and subsequently operation and • Scale – The net present cost of the probable cash flows should be large enough to allow both maintenance risk. However, in this case, the municipality (as opposed to the user) pays the the public and the private parties to achieve value-for-money outputs given the likely levels of private party to the extent that a public service (not an asset) is made available, based on transaction advisor and other costs. In this regard the investor fraternity applies a rule of thumb certain output criteria. As a result, the demand or usage risk remains with the public sector. of a minimum project size of around R1 billion in the absence of any enhancing factors that This is often referred to as a take-or-pay contract of which a power purchase agreement used may warrant the use of a PPP procurement, for example if the project has significant revenue in power generation projects, is a prime example. This principle has also been successfully generation possibilities. used for the provision of social infrastructure such as schools, hospitals, prisons, or government Outputs specification buildings, where payments are generally based on the availability of the accommodation facility, • – It must be possible to specify outputs in clear and measurable terms, equipment, or system and not on the volume of usage . around which a payment mechanism can be structured.
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Chapter 19 final.indd 6 2015/04/17 01:43:37 PM • Opportunities for risk transfer – The allocation of risk to a private party is a primary driver of sector upgrades and maintains the rank in order to obtain a certain privilege such as filling value for money in a PPP. Where opportunities for allocating risk to the private party are limited, station or fast food rights. the potential for a PPP to deliver value for money compared with a conventional procurement • User charges choice is reduced. Furthermore, the process of risk transfer also places an administrative burden on the Municipality in order to monitor the performance of the private party and administrate the The popularity of user lay in the fact that it creates a clear link between payment and benefit payments, penalties, etc. received. The municipality has already implemented a number of these charges and may look to expand on the use thereof. For example: • Market capability and appetite – The project must be commercially viable, and there must be o Congestion charges which is aimed at discouraging the use of roads in certain areas or at a level of market interest in it. This will largely be driven by the aspects mentioned above as well certain times. This can be implemented through charging of fees to enter certain areas at whether the service or asset to be delivered through the project is something in which the private certain times or through parking charges. Overuse of these mechanisms may however lead sector is actively involved in. to encourage developments to shift elsewhere. These charges are less effective as a source of funding for infrastructure development but rather seen as instruments fir travel demand 19.2.3.3. Loans management. o Parking fees. Off-street and on-street parking provides a good opportunity for revenue Loans represent a significant source of funding for the municipality, however, the availability of loans is generation to the Municipality. These parking facilities also provide ideal opportunity for limited by the financial standing and performance of the municipality. concessions, from a full BOOT concession, where the Municipality receives a periodic In order to leverage future cash flow to be earned as a result of infrastructure investment the municipality concession fee to a management concession, where the Municipality pays an operator to should explore the possibility of incurring loans against predictable new revenue streams. The main manage the parking facility for the Municipality’s benefit. requisites for such an arrangement to succeed are:
• The value and timing of the revenues must be reasonably predictable. • The revenue streams must be sustainable, at least for the duration of the loan. • The revenue stream must be ring-fenced and dedicated to the repayment of the loan.
The loans may also be in the form of municipal bonds. The repayment of the bonds can be structured to match the expected revenue streams that will be used to repay the bonds.
19.2.3.4. Other
• Economic opportunities at public transport facilities The municipality can generate revenue by making space available at public transport facilities that private operators can utilise for some form of commercial gain. Opportunities would include selling of advertising space or leasing space to traders in or around at transport precincts. The municipality may also make space available for business ventures in return for maintaining the adjacent transport facility, for example the so called adopt-a-taxi-rank principle where the private
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Chapter 19 final.indd 7 2015/04/17 01:43:37 PM 19.2.4. Summary of CoT Transport Funding year and will be confirmed.
The capital budget for the financial years 2013/ 14 to 2015/ 16 indicates that most of the City’s funding Most third party grant funders channel their funding via National Treasury, and the City is required to will come from external funding as illustrated in Figure 19.1 below. apply for these grant opportunities. Application submissions for these grants require specialised skills, such as financial modelling and economic assessment, given the numerous and diverse requirements Figure 19.1: Budgeted Funding Sources for 2013/14 to 2015/ 16 and conditions associated with different funders. This poses challenges in many instances on transport 900 departments which results in their inability to access these grants continuously or timely. These fund allocations could change with the prioritisation of projects. 800
700 Funding Risks 600 The following funding related risks or issues need to be considered and mitigated where possible in s 500 Draft Budget order to ensure the efficient implementation of the projects scheduled under the CITP: n 2013/14 p I 400 Draft Budget • The level of national and provincial grants to meet scheduled projects M 2014/15 • Under-spending of grants 300 Draft Budget 2015/16 • Reallocation of funds for political or other purposes 200 • Inability to complete projects in time due to re-allocation/re-prioritisation of funding 100 • Industrial actions 0 • Developments not aligning with the Tshwane 2055 Vision INTERNAL INTERNAL USDG FUNDING PTIS FUNDING GAUTRAIN PUBLIC CAPITAL FUNDING: FUNDING: (005) (002) FUNDING CONTRIBUTIONS FUNDED FROM • The lack of alignment with the Gauteng 25 Year Integrated Transport Master Plan and the 5 Year COUNCIL LOAN (015) (OTHER: 010) & DONATIONS OPERATING (007) FUNDING (001) (016) Implementation Plan • The lack of integrated planning between national, provincial and municipal departments and within the Municipality (Data Sources: Final Draft 2013/14 to 2015/ 16 3 year Medium Term Capital Budget) • The level of borrowing Figure 19.1 clearly indicates that the main source for funding capital transport projects will come from • Uncertainty regarding the funding aspects of the assignment of the operating licensing and bus PTISG funds, followed by internal funds (i.e. revenue generated by Council e.g. rates and taxes) and contracting functions to the City loans incurred by council. The PTISG funds are largely earmarked for the TRT project. Other funding • The lack of adequate maintenance cost to maintain the infrastructure such as public contributions and capital funded through operating will play a minor role in future funding mechanisms. The Public Transport Network Operations Grant will be initiated from the 2014/15 financial • Provision for operating cost to sustain the investment according to the business case for each project • Uncertainty as to future allocations from national and provincial government
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Chapter 19 final.indd 8 2015/04/17 01:43:37 PM 19.3 OVERVIEW OF CITY OF TSHWANE CAPITAL BUDGET Figure 19.2: 2013/14 - 2015/16 Mid Term Total Tshwane Budget Allocation by Department Draft Budget 2013/14 Draft Budget 2014/15 Draft Budget 2015/16 19.3.1. CoT’s Capital Budget by Department
The current financial assessment is based on the 2012/ 2013 financial year, but to obtain a clearer understanding of the CITP 5 year program it is also important to investigate the previous years as well as the 3 year rolling cycle that looks ahead based on the current ITP programs. With the new 5-year CITP cycle these budget items will be incorporated and reviewed on a mid-annual basis, always looking 3 years ahead.
The structure of the previous CITP budget and capital programmes was slightly different and several budget items were not submitted as one consolidated transport budget. This resulted in making comparisons difficult and impacted budget allocations due to different visions and priorities. The following also highlights some of these items: Audit and Risk City Planning and Development • Public Transport projects in the previous ITP programs have never been part of the Roads City Strategies and Performance Management Communications, Marketing and Events and Storm-water budget. Roads and Storm water projects which were transferred in the past Corporate and Shared Services Economic Development from these ITP - programs to any of the Capital Budgets were motivated by the Infrastructure Emergency Services Enviromental Management Financial Services Health and Social Development Planning Section. Housing and Human Settlement Information and Communication Technology • Since the Department (Transport) became one, all the Roads and Storm-water projects as well as Legal Services Metro Police Services the Public Transport projects (including BRT and Wonderboom Airport) have been consolidated into one budget. Regional Service Delivery Research and Innovation • Tshwane Bus Service (TBS) is not part of the current budget figures below, and more clarity is Service Infrastructure Transport required from the BRT office and bus operations on the future of the service. Sports and Recreation Based on the distribution depicted in 6.17, Transport has about 30% of the total budget year on year, Figure 19.2 provides an overview of the previous 2013/14 - 2015/16 three year medium term capital followed by Service Infrastructure (29%) and Housing and Human Settlement (27%). The remaining budget by CoT Department. 12% is dispersed between all the other sectors.
Figure 19.3 also shows this emphasis and indicates the total allocations for the next 3 years. Transport has the largest budget over the next 3 years amounting to over R4 billion.
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Chapter 19 final.indd 9 2015/04/17 01:43:38 PM Figure 19.3: Total 3 Year Budget Allocation by CoT Department - 2015/16 Figure 19.4: Total Number of Projects for the Budget Allocation 2013/14 – 2015/16 3 Yr Budget Total 2013/14 - 2015/16 No of Projects on Budget Total 2013/14 - 2015/16 4 500.00 140 4 000.00 3 500.00 120 ts 3 000.00 100 2 500.00 80 2 000.00 60
Millions 1 500.00 40 1 000.00
500.00 No of Projec 20 0.00 0 t t n n n n ry ry ices ices ices ices ture ices ices ices ices ture vices vices rv rv rv rv rv rv rv rv anspor anspor Tr Tr y Se y Se ed Se liceSer ed Se ice Delive liceSer ice Delive udit and Risk egal Se udit and Risk egal Se , Marketing ... rv , Marketing ... rv L rmation and ... L A rmation and ... A trategies and ... trategies and ... o Po nancial Se o Po nancial Se fo fo ice Infrastruc ice Infrastruc ts and Recreatio ts and Recreatio Fi Fi ch and Innovatio In ch and Innovatio In rv ty S rv ty S Emergenc Emergenc Metr Ci Metr Ci Se Se Spor Spor Economic Development Economic Development Resear Resear viromentat Management Regional Se viromentat Management Regional Se lanning and Development lanning and Development En mmunications En rporate and Shar mmunications rporate and Shar ty P ty P Co Co Co Co Health and Sosial Development Health and Sosial Development Ci Ci Housing and Human Settlement Housing and Human Settlement
Figure 19.4 shows the number of projects for the next three year’s budget allocation indicating that most sectors have fewer, albeit slightly larger projects on average, in comparison to transport which has approximately about 120 projects of which the largest is in the order of R30 million. This excludes the inclusion of the BRT project. On average, housing has the biggest projects over the next three years.
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Chapter 19 final.indd 10 2015/04/17 01:43:38 PM 19.3.2. CoT’s Transport Capital Budget 2013-2016 Based on the above Table 19.2, the budget allocations of about R4 billion (30%) to transport can be broken down further to obtain a clearer view of which sub-transport components are funded. The capital budget for financial years ending 2014 - 2016 for the Transport Directorate is provided in Figure 19.5: Distribution of Roads and Transport Budget by Category Table 19.2 and Figure 19.5 below. The total transport capital budget declines from R1.534 Billion in 2013/14 to R1.261 Billion in 2015/16. Draft Budget 2013/14 Draft Budget 2014/15
Table 19.2: Roads and Transport Projects by Category
2013/ 14 2014/ 15 2015/ 16 Total Stormwater Related Projects Stormwater Related Projects Allocation % Allocation % Allocation % Allocation % Road Related Projects Road Related Projects R’000 R’00000 R’000 R’000 Public Transport Related Projects Public Transport Related Projects Wonderboom Airport Projects Wonderboom Airport Projects Stormwater 292,900 19% 233,200 18% 246,800 20% 772,900 19% BRT Projects BRT Projects Related Projects Road Related 759,851 50% 314,750 24% 225,900 18% 1,300,500 32% Projects Public 14,950 1% 27,100 2% 28,700 2% 70,750 2% Transport Draft Budget 2015/16 3 Yr Draft Budget Total Related Projects Wonderboom 21,200 1% 8,250 1% 3,000 0% 32,450 1% Airport Projects Stormwater Related Projects Stormwater Related Projects Road Related Projects Road Related Projects BRT Projects 445,399 29% 730,875 56% 756,671 60% 1,932,945 47% Public Transport Related Projects Public Transport Related Projects Wonderboom Airport Projects Wonderboom Airport Projects 1,534,300 100% 1,314,175 100% 1,261,071 100% 4,109,546 100% BRT Projects BRT Projects
Based on the graphs Figure 19.5, the majority of the 2013/14 -2015/16 budget was allocated to the TRT project implementation in view of the large dedicated PTIS funding from National Treasury. Approximately 50% of the budget is divided between Storm-water and roads projects, leaving other public transport related projects and Wonderboom airport projects with about 3% of the total allocations. The latter clearly shows the Department of Transport’s emphasis on backlogs and implementation of new infrastructure-related projects.
Table 19.3 below further indicates that roads and storm-water have 410 and 56 projects respectively running over the 3 year period compared to the 12 projects for public transport. It should be noted that the budget allocations for the Tshwane Bus Services are not included in the above totals. Further information will be obtained once more clarity has been received regarding the future location of these services. 19 11
Chapter 19 final.indd 11 2015/04/17 01:43:38 PM Table 19.4 also provides an indication of the split between new projects and projects that were renewed Figure 19.7: Tshwane’s Road Maintenance Budget vs Actual Expenditure from the previous ITP cycle. It is noticeable from the figures that roads and public transport have the 60 highest levels of renewed projects of circa 32% and 25% respectively while the majority of projects under the other categories are new projects. Figure 19.6 illustrates the project distribution in graphical format. 50
Table 19.3: Total 3 Years Budget Allocation vs. Number of Projects per Sub-Structure ts 40 Total 3-Year No of New New Projects Renewal Total Budget R’000 Projects 30 Renewal Projects Storm-water Related Projects R 772,900 56 8 64
Road Related Projects R 1,300,500 41 19 60 No of Projec 20 Public Transport R 70,750 12 4 16 Related Projects 10 Wonderboom Airport Projects R 32,450 8 1 9 BRT Projects R 1,932,945 1 0 1 0 Stormwater Road Related Public Wonderboom BRT Projects Related Projects Projects Transport Airport Projects Related Projects Figure 19.6: Total Number of New Projects vs. Projects that were Renewed from Previous ITP (Only Capital Projects) (Source: 2012/13 Medium-term Revenue and Expenditure Framework for the CoT, Department of Finance)
19.3.3. CoT’s transport operating budgets Operating costs must be distinguished from maintenance costs. In general, operating and maintenance costs are not adequately planned and provided for. National Treasury indicated that cities need to give Figure 19.7 illustrates the trend in Tshwane’s maintenance budget for roads and storm water versus more attention to asset management, operating and maintenance budgeting. In the final CITP a more the actual expenditure between 2005/06 and 2012/13 financial years. Years 2007/08 and 2012/13 have comprehensive assessment will be done of past trends and adequate budget set aside for operations resulted in an overspending in maintenance cost while the trend for the rest of the year shows an and maintenance. under spending in maintenance. The concerning fact is the downward trend in the allocation of funds for maintenance is reflected in the condition of the assets. There is a direct correlation between the condition of the assets and the life cycle of the assets. An under spending in maintenance and the delay 19.4. PROJECT PRIORITIZATION PROCESS of rehabilitation will reduce the life cycle of the asset.
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Chapter 19 final.indd 12 2015/04/17 01:43:38 PM 19.4.1. Overview Purpose and Need of CaPS
The proposed prioritization procedure of CITP projects will consist of two stages. The first stage will The purpose of CaPS is to support the CIF by acting as a steward toward achieving the outcomes as involve determining the transport technical priorities of projects. The first stage will therefore only it has been articulated in the Tshwane Vision 2055 as well as the MSDF. In particular, it will provide consider those criteria directly impacting on transport, such as demand. The transport technical priorities Tshwane with the ability to pro-actively and retrospectively map areas of intervention and priority with will subsequently serve as input into the new Capital Planning System (CaPS) recently developed for a view to plan and report on projects that seeks to drive progress towards these desired outcomes and the CoT. The CaPS will prioritise CITP projects as part of all the capital projects in the CoT, taking objectives.
into account wider strategic criteria such as spatial and economic development, environmental, city The need for a mechanism to drive the strategic, yet equitable, allocation of capital within the city, stems affordability and political criteria. from the following realities facing the City of Tshwane government and it’s citizens:
This Section gives a short description of the CaPS followed by the transport technical prioritization. • The city is faced with an ever increasing demand for infrastructure and services. • Increasing Maintenance Burden 19.4.2. The Capital Planning System (CaPS) of Tshwane • Coordination and Inter-dependency • Competing Interests The following summarised description of the Capital Planning System (CaPS) developed for Tshwane is • Municipal Expansion an extract from the Capital Investment Framework of Tshwane (CoT, November 2014). • Spatial Transformation Agenda
Legislation and Planning Basis Tshwane has its own annual process of dealing with these issues. The complexity and interdependency of these issues proof to be very challenging and each year, new considerations and priorities are introduced. The CaPS system is underpinned by and supports an extensive legislative context and planning The need for a system that assist in the facilitation of such a process, together with additional benefits framework at national, provincial and metropolitan spheres. of record-keeping, tracking and reporting is therefore evident. Tshwane therefore needs a system that:
The South African spatial transformation agenda is cascaded down from national sphere in the form • Establishes and maintains a reliable centralised database of infrastructure service areas, along of the National Spatial Development Perspective (NSDP), which in turn informs the Provincial Spatial with their associated priorities and needs. Development Framework (GSDF). These two documents set the spatial vision and spatial transformation • Supports a participatory planning process that is clear and transparent. agenda of the metropolitan areas of South Africa with a view to redressing the apartheid style planning • Is spatially enabled to capture projects relative to spatial transformation agenda. and spatial marginalisation characterising South African cities and transforming South African cities to • Is accountable from both political and technical perspectives. more socially inclusive, compact, equitable, efficient and sustainable cities. The spatial transformation vision also serves to promote polarized investment by means of focussed infrastructure spending to • Is able to assist Tshwane in capital project prioritisation, tracking as well as monitoring and facilitate spatial transformation thereby stimulating economic growth and creating opportunity, as well evaluation. as eradicating services backlogs. • Is able to provide an understanding of backlogs spatially and in terms of time. • Is able to assist with the managing Capital Expenditure (CapEx) and subsequent Operating The City of Tshwane has developed the Tshwane Vision 2055, which sets the growth and development Expenditure (OpEx) requirements. strategy for the city. • Is able to help Tshwane understanding the impact of investment decisions.
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Chapter 19 final.indd 13 2015/04/17 01:43:38 PM Description of CaPS • A configurable project prioritisation engine
The City of Tshwane Capital Planning System (CaPS) is a centralised decision support system developed • An integrated GIS component to view and analyse the spatial context of projects
specifically for Tshwane, which serves to capture, collate, prioritise, allocate budget and track capital • A dashboard reporting interface to review aggregated information on the in-budget and candidate project implementation within the city. It is important to note that the system is not an end in itself, but projects rather a decision support system or mechanism to support the existing City of Tshwane Capital Planning, • A monitoring and evaluation module of approved projects and programs (in-budget) once they Budgeting and Project Tracking processes. exit the capital allocation process and progress through development and/or execution. The CaPS is intended to be utilised by the city to determine priority projects for capital expenditure Prioritisation Technique and Criteria (CAPEX) allocation and to understand the impact of implementation against the backdrop of the city’s priorities and programmes. The CaPS model ensures alignment of the capital investment programmes The CaPS is a typical multi-criteria analysis (MCA) technique consisting of a hierarchy of criteria that are with the spatial transformation agenda as articulated in the mayoral priorities, the development paradigm weighted. Projects are evaluated and scored on each criterion on a standardised scale. The final priority and sector programmes of the Tshwane Vision 2055, the Growth and Development Strategy (GDS) as index of each project is the weighted average index over all the criteria. well as the development direction of the Metropolitan and Regional Spatial Development Frameworks Three tiers of criteria are specified, which branches from high-level categories to detail-level criteria. The (MSDFs / RSDFs). Further, it provides an understanding of the development implications of certain high level, Tier 1, categories are: investment decisions. • Fundamentals: This branch is not used for prioritisation but for an initial screening of projects. The main features of the CaPS are: o Project Scope • A project module to capture and maintain project related information and to group projects into o Project location: The project location is required as well as the extent of the location programmes, including: o Beneficiary area: The beneficiary area of the project represents the area that will be affected A centralised database to house all capital projects within the city. by the project o Project capturing templates to collect project details that are important from the City’s • Mayoral Priorities: These are initiatives of the Mayor addressing political priorities perspective. This includes very fundamental information such as the nature of the project, • Implementation Readiness, such as whether the project has been motivated from a master to which department it belongs, what the capital requirement and associated cash-flow for plan or feasibility study; whether legal requirements have ben met, such as EIA, etc the project is, where the project is located, which area it will affect, which city programme it supports, whether it forms part of a larger “super-project” or programme, and a number of • Financial: This indicates the project’s “affordability” other attributes that will be developed and signed off in collaboration with the project steering • Spatial Transformation: In summary these are: committee. o IRPTN / Public Transport Movement Network: o Spatial representation of the project is very important – this is used to generate reports on o ToD Precincts (TRT / PRASA / Gautrain Corridors) the city’s needs and expenditure in real time. A Geographical Information System (GIS) will o MSDF Nodal Hierarchy therefore underly the database of projects. o MSDF Spatial Programmes o There is consistency of data across all projects. o Urban Cores / Regeneration Zones o Projects with sufficient detail easier to prioritise as the respective merits that it will address o Specialised Nodes / Strategic Investment Zones (SIZs) will be evident from the data that will be associated with such a project.
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Chapter 19 final.indd 14 2015/04/17 01:43:38 PM • Triple Bottom Line: The triple bottom line criteria refer to an economic evaluation, a social A weight was given to each of the above criteria, giving preference to public transport facilities, freight evaluation and an environmental evaluation. and NMT. Each project was given a simple rating on a 1 to 3 scale for each of the criteria. A total score
• Technical Interdependency: Is the project part of a program or precinct that is supported by a for each project was calculated by adding the weighted scores for each criterion. Projects were ranked collaborative package of investments originating from different line departments. according to their total score. With everything else being equal, priority was given to the project with the lower implementation cost in terms of ranking. • Departmental Rating: This includes the relevant department’s own technical rating. For example, the CITP informing the city on transport priorities. This element is brought in at a very Projects from the various plans are still being finalised for the final CITP and the process of prioritization high level of the model, as it is deemed of strategic importance. will be finalised in parallel in order to determine priorities when the project lists have been completed.
19.4.3. Proposed Transport Technical Prioritization Model 19.5. FINANCIAL MODEL AND PROGRAM OF PROJECTS
The technical prioritisation technique is still in the process of refinement. At this stage the most important 19.5.1. Overview of Financial Model road projects defined in the infrastructure strategy has been prioritised using a simplified technique, which is described here. A financial model was developed in an Excel spreadsheet format. The model use as input thelist of prioritised projects and available funding and subsequently determines the annual funding and The road projects which will result in achieving maximum impact in terms of the specific strategic expenditure flows over a five- to ten-year period. The financing cost from any loans is also incorporated. objectives were identified from the following strategies: The model facilitate the user to allocate project expenditure by year so that the total annual expenditure • Public Transport is in line with total available funding for each year. The financial impact of any changes in the prioritized • Non-Motorised Transport list of projects, expenditure, funding, interest rates can be determined. • Freight • Roads Infrastructure The inputs and outputs of the model are briefly described below. Inputs and outputs are divided amongst several worksheets in the model. The prioritization of the projects within each of these strategies was done according to the relevant plan Planned Projects or work group methodology.
In view of the CITP Minimum Requirements the projects were ranked in order of importance and This is an input table providing the list of projects, there priority ranking, project category, total capital according to the following criteria: costs and projected % expenditure over time, as well as the operating and maintenance costs as a percentage of the capital costs. The degree to which a project would support: Other Input • The major road network; • Key public transport modal transfer nodes; This is also an input to the model and various financial parameters are provided for, such as the Consumer Price Index (CPI), the CAPEX escalation, input base date indicating the start year of the program, and • IPT Network, including TRT Routes; information about available funding. Funding information is specified in terms of the funding period, • Freight; and available amount, escalation, upfront costs, interest rate and repayment period. • Non-Motorised Transport.
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Chapter 19 final.indd 15 2015/04/17 01:43:38 PM Cash Flow Table 19.4: Prioritised List of Strategic Road Projects
Total Project The worksheet provides the estimated expenditure profile of CAPEX using the list of prioritised projects, Category Project name Project Location Description Rank Cost (ZAR) so that annual expenditure is aligned with total available funding. Road Lavender Road R 96 000 000 Upgrade of the intersection and 2nd bridge 1 OPEX Infrastructure (R101)/M1 Upgrade over the Apies River Freight K6 (new link) (from R 640 000 000 New 4 lane road to link job opportunities to 2 The cash flow of OPEX is provided in this Worksheet. The percentage of CAPEX allocated to OPEX is PWV9 to N1) hub converted to monetary values and distributed over time with the specified inflation rate. Freight K99 Link Zambesi R 682 000 000 COT lead transport project 3 Drive South Debt Repayment Freight N4 to Tshwane CBD R 88 000 000 New 4 lane road 4 Road Pretoria Road (K22) R 60 000 000 New link between Silverton and Hatfield 5 The annual repayment of any loans is provided here, projected over the repayment period based on the Infrastructure replacing the old bridge across the railway specified interest rate line Road Western Bypass R 3 803 943 968 New Western Bypass dual carriageway 6 Infrastructure (PWV9) through the Magalies Berg 19.6. PROGRAM OF PROJECTS AND FINANCIAL RESULTS Freight Western Bypass R 3 803 943 968 New Western Bypass dual carriageway 7 (PWV9) (from R80 to through the Magalies Berg N14) The CITP team is still in the process of defining projects and the project lists are not yet completed. A Freight K14 (from M1 to K97) R 567 000 000 New Zambesi / Rachel de Beer single 8 number of high priority road projects have been defined and this list, in addition to the current MTREF carriageway (1st phase) across the Apies Transport budgeted projects for 2015-2017, have been used to demonstrate the financial model. River at Rainbow Junction Freight K97 Pyramid to N4 R 280 000 000 Upgrading existing road to 4 lanes 9 The road projects have been prioritized and entered into the model. Funding sources and financial (R101) parameters have also been entered. Most of the capital costs have been obtained from other sources, Road Derdepoort Road R 66 702 832 1st carriageway between East Lynne and 10 although a few of the proposed new roads did not have costs and these were subsequently estimated infrastructure (K139) Eersterust (including bridge accross the based on typical unit cost per kilometre. Moreleta Spruit) Freight Link from the PWV2 R 2 700 000 000 11 Table 19.4 gives the list of prioritized road projects. The total required budget is R20.6 billion. These (N4) Platinum Rd to PWV17 projects can only be implemented from year 2018, after the current MTREF projects have been Freight PWV17 (from K54 to R 2 600 000 000 New dual carriageway east of Silver Lakes 12 completed. K16) Golf Estate Road K99 (Dr Swanepoel R 682 000 000 New single carriageway tunnel-link through 13 infrastructure Rd) Magalies Berg Road K54 R 3 375 000 000 1st carriageway between R21 and the N4 14 infrastructure (section of PWV17 included) Road Solomon Mahlangu R 44 220 000 2nd carriageway between R21 and Waterkloof 15 infrastructure Drive High School (including bridge across the N1)
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Chapter 19 final.indd 16 2015/04/17 01:43:39 PM Road Garsfontein Road R 50 640 000 New dual carriageway between Anton van 16 Planned funding from Gauteng Province and SANRAL for new K- and PWV-routes will have to be infrastructure Wouw Street and Solomon Mahlangu Drive confirmed in order to provide a reliable program of projects for at least the next six to eight years. The Total Project Category Project name Project Location Description Rank current MTREF projects can be regarded as a given, and the five-year CITP program will therefore Cost (ZAR) commence in 2018. Freight Class 3 Road west of R 780 000 000 1st carriageway east of Silver Lakes Golf 17 PWV17 (from K16 to Estate Figure 19.7 gives the trends in CAPEX, Total Funding, OPEX, and Debt Repayment per annum from Lipizzaner) 2015 to 2020. Road Nico Smith Street R 31 003 200 2nd carriageway from Steadl Avenue to the 18 infrastructure Hardy Muller traffic circle plus Nico Smith/ Key statistics from the model results are provided below: Terblanche Street-one-way-system • The total capital expenditure is R1.261 billion in 2015, and equal to total available funding. Road Stormvoël Road (M8) R 40 800 000 2nd carriageway between Eersterust and 19 infrastructure Mamelodi • At the end of the current MTREF period in 2017, total CAPEX is R1.885 billion, with a short Road Lynnwood Road R 56 400 000 New dual carriageway between The Grove 20 funding surplus of R17.6 million. infrastructure Mall and Solomon Mahlangu Drive • In 2018 there is a mall surplus in funding, but a shortfall of R505 million in 2019. Road Lenchen Avenue R 59 160 000 2nd carriageway from Old Jhb Road across 21 infrastructure the N14 to John Vorster Drive (including • In 2020, the total CAPEX is R2.65 billion with a shortfall in funding of R1.03 billion bridge) • Total maintenance and operating expenditure is building up from R1.5 million in 2016 to R53 Road Louis de Vaal I/C R 36 240 000 Extend Van Heerden St across the Apies 22 infrastructure upgrade (link to Flower River and convert section of Van Heerden and million in 2020. Street) Flowers to a 1-way system • Debt repayment starts at R42 million in 2016 and increases to R239 million in 2020. Road Rooihuiskraal R 51 600 000 N14 / Rooihuiskraal Road Interchange 23 infrastructure Interchange Figure 19.8: Trends in CAPEX, Total Funding, OPEX, and Debt Repayment per annum from 2015 to 2020. Road Park Street Bridge R 60 000 000 Extend Park Street to ensure continuous 24 R 3 000.00 Net Cash Flow infrastructure route in east-west direction TOTAL R 20 558 653 967 Total Funding Available R 2 000.00 Operating Cost Table 19.5 to Table 19.10 provide the results from the financial model, indicating the Planned Projects, Debit Repayments Funding inputs, Cash Flow, OPEX flow, and Debt Repayment. R 1 000.00 Capital Expenditure The Net Cash Flow provided at the top of the Cash Flow Worksheet, indicates a shortage of funds in red and surplus funds in green for each year. The first year of expenditure for each project was allocated to R 0.00 2016 2017 2018 2019 2020 2021 2022 2018, starting from the top priorities until the funding was depleted, and then the following projects were Millions allocated to year 2019, and so on. Only ten projects were started between 2018 and 2020. Even in this - R 1 000.00 scenario, the funding shortage starts to build up from year 2019. The funding shortage is more than
R500 million in 2019 and more than R1 billion in year 2020. The financial results indicate the very limited - R 2 000.00 funding for new projects. There is not even sufficient funding for ten of the 24 strategic roads. Co-funding for major new roads will have to be negotiated with Gauteng DoT and SANRAL. - R 3 000.00
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Chapter 19 final.indd 17 2015/04/17 01:43:39 PM Table 19.5: Results of Financial Model: Planned MTREF Projects
Total Project Pre-Feasibility cost1 Spend profile Operating cost Category3 Project Name Priority2 Cost (ZAR) Year 1 (ZAR) Year 2 (ZAR) Year 1% Year 2% Year 3% Year 4% Year 5% Year 6% (% of capex) Roads&Stormwater Contributions: Services For R 35 300 000 0.0% 56.7% 43.3% 0.0% 0.0% 0.0% 1.0% 1 Township Development Roads&Stormwater Essential/Unforeseen Stormwater R 40 000 000 0.0% 50.0% 50.0% 0.0% 0.0% 0.0% 1.0% 2 Drainage Problems Roads&Stormwater Apies River: Canal Upgrading, R 2 000 000 0.0% 50.0% 50.0% 0.0% 0.0% 0.0% 1.0% 3 Pretoria Central Roads&Stormwater Concrete Canal: Sam Malema R 5 000 000 0.0% 20.0% 80.0% 0.0% 0.0% 0.0% 1.0% 4 Road, Winterveldt Roads&Stormwater Major Stormwater System, Mamelodi X 8 R 17 000 000 0.0% 11.8% 88.2% 0.0% 0.0% 0.0% 1.0% 5 Roads&Stormwater Major Stormwater Systems: Klip/Kruisfontein R 40 000 000 0.0% 50.0% 50.0% 0.0% 0.0% 0.0% 1.0% 6 Roads&Stormwater Replacement Of Traffic Signs R 18 000 000 0.0% 44.4% 55.6% 0.0% 0.0% 0.0% 1.0% 7 Roads&Stormwater Rehabilitation Of Bridges R 1 300 000 0.0% 23.1% 76.9% 0.0% 0.0% 0.0% 1.0% 8 Traffic Engineering Traffic Calming And Pedestrian R 23 900 000 0.0% 46.0% 54.0% 0.0% 0.0% 0.0% 1.0% 9 Safety For Tshwane Traffic Engineering Traffic Lights/Traffic Signal System R 25 000 000 12.0% 44.0% 44.0% 0.0% 0.0% 0.0% 1.0% 10 Roads&Stormwater Mateteng Main Transport Route, Stinkwater R 100 000 0.0% 100.0% 0.0% 0.0% 0.0% 0.0% 1.0% 11 NMT Shova Kalula Bicycle Project R 20 000 000 0.0% 50.0% 50.0% 0.0% 0.0% 0.0% 1.0% 12 Roads&Stormwater Mabopane Station Modal Interchange R 28 000 000 100.0% 0.0% 0.0% 0.0% 0.0% 0.0% 1.0% 13 Roads&Stormwater Rehabilitation Of Roads R 40 000 000 0.0% 50.0% 50.0% 0.0% 0.0% 0.0% 1.0% 14 Roads&Stormwater Real Rover Road To Serapeng Road R 10 000 000 0.0% 100.0% 0.0% 0.0% 0.0% 0.0% 1.0% 15 Roads&Stormwater Block W - Stormwater Drainage R 27 500 000 0.0% 36.4% 63.6% 0.0% 0.0% 0.0% 1.0% 16 Roads&Stormwater Block W - Stormwater Drainage R 1 000 000 0.0% 100.0% 0.0% 0.0% 0.0% 0.0% 1.0% 17 Roads&Stormwater Stormwater Drainage Mahube Valley R 25 000 000 0.0% 0.0% 100.0% 0.0% 0.0% 0.0% 1.0% 18 Roads&Stormwater Stormwater Drainage Mahube Valley R 5 000 000 0.0% 100.0% 0.0% 0.0% 0.0% 0.0% 1.0% 19 Roads&Stormwater Magriet Monamodi Stormwater System R 10 000 000 0.0% 0.0% 100.0% 0.0% 0.0% 0.0% 1.0% 20 Roads&Stormwater Magriet Monamodi Stormwater System R 5 000 000 0.0% 100.0% 0.0% 0.0% 0.0% 0.0% 1.0% 21 Roads&Stormwater Major S/ Water Drainage System: Matenteng R 100 000 0.0% 0.0% 100.0% 0.0% 0.0% 0.0% 1.0% 22 Roads&Stormwater Hartebeest Spruit: Canal Upgrading R 3 000 000 0.0% 100.0% 0.0% 0.0% 0.0% 0.0% 1.0% 23 Roads&Stormwater Montana Spruit: Channel Improvements R 15 000 000 0.0% 13.3% 86.7% 0.0% 0.0% 0.0% 1.0% 24 Roads&Stormwater Major Stormwater Drainage R 30 000 000 0.0% 50.0% 50.0% 0.0% 0.0% 0.0% 1.0% 25 System: Majaneng Roads&Stormwater Major Stormwater Drainage R 35 000 000 0.0% 42.9% 57.1% 0.0% 0.0% 0.0% 1.0% 26 Channels: Ga-Rankuwa
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Chapter 19 final.indd 18 2015/04/17 01:43:39 PM Pre-Feasibility cost1 Spend profile Total Project Operating cost Category3 Project Name Priority2 Cost (ZAR) (% of capex) Year 1 (ZAR) Year 2 (ZAR) Year 1% Year 2% Year 3% Year 4% Year 5% Year 6%
Roads&Stormwater Stormwater Drainage Systems R 45 000 000 0.0% 33.3% 66.7% 0.0% 0.0% 0.0% 1.0% 27 In Ga-Rankuwa View Roads&Stormwater Olievenhoutbosch Activity Spine R 1 000 000 0.0% 0.0% 100.0% 0.0% 0.0% 0.0% 1.0% 28 Roads&Stormwater Doubling Of Simon Vermooten R 161 000 000 84.5% 15.5% 0.0% 0.0% 0.0% 0.0% 1.0% 29 Roads&Stormwater Internal Roads: Northern Areas R 324 000 000 0.0% 34.8% 65.2% 0.0% 0.0% 0.0% 1.0% 30 Roads&Stormwater Internal Roads: Northern Areas R 502 975 350 19.4% 50.8% 29.8% 0.0% 0.0% 0.0% 1.0% 31 Roads&Stormwater Internal Roads: Northern Areas R 118 351 000 79.1% 20.9% 0.0% 0.0% 0.0% 0.0% 1.0% 32 Roads&Stormwater Centurion Lake And Kaal Spruit R 23 000 000 0.0% 13.0% 87.0% 0.0% 0.0% 0.0% 1.0% 33 Roads&Stormwater Flooding Backlogs: Stinkwater R 10 000 000 0.0% 0.0% 100.0% 0.0% 0.0% 0.0% 1.0% 34 & New Eersterust Area Roads&Stormwater Flooding Backlogs: Stinkwater R 5 000 000 0.0% 100.0% 0.0% 0.0% 0.0% 0.0% 1.0% 35 & New Eersterust Area Roads&Stormwater Flooding Backlogs: Sosh & Winterveldt Area R 241 000 000 10.8% 47.7% 41.5% 0.0% 0.0% 0.0% 1.0% 36 Roads&Stormwater Flooding Backlogs: Sosh & Winterveldt Area R 73 349 000 100.0% 0.0% 0.0% 0.0% 0.0% 0.0% 1.0% 37 Roads&Stormwater Flooding Backlogs: Mabopane Area R 30 000 000 0.0% 50.0% 50.0% 0.0% 0.0% 0.0% 1.0% 38 Roads&Stormwater Flooding Backlogs: Mamelodi, R 50 000 000 0.0% 50.0% 50.0% 0.0% 0.0% 0.0% 1.0% 39 Eersterust & Pta Eastern Area Roads&Stormwater Flooding Backlogs: Mamelodi, R 19 000 000 100.0% 0.0% 0.0% 0.0% 0.0% 0.0% 1.0% 40 Eersterust & Pta Eastern Area Traffic Engineering Traffic Flow Improvement at Intersections R 10 000 000 0.0% 50.0% 50.0% 0.0% 0.0% 0.0% 1.0% 41 Roads&Stormwater Flooding Backlog: Network R 5 000 000 0.0% 0.0% 100.0% 0.0% 0.0% 0.0% 1.0% 42 3, Kudube Unit 11 Roads&Stormwater Flooding Backlog: Network R 300 000 0.0% 100.0% 0.0% 0.0% 0.0% 0.0% 1.0% 43 3, Kudube Unit 12 Roads&Stormwater Flooding backlog: Network 2F, Kudube Unit 6 R 27 000 000 0.0% 44.4% 55.6% 0.0% 0.0% 0.0% 1.0% 44 Roads&Stormwater Flooding backlog: Network 5A, Matanteng R 10 000 000 0.0% 0.0% 100.0% 0.0% 0.0% 0.0% 1.0% 45 Roads&Stormwater Flooding backlog: Network 5A, Matanteng R 7 000 000 28.6% 71.4% 0.0% 0.0% 0.0% 0.0% 1.0% 46 Roads&Stormwater Flooding backlog: Network R 15 000 000 0.0% 33.3% 66.7% 0.0% 0.0% 0.0% 1.0% 47 2H, Kudube Unit 7 Roads&Stormwater Flooding backlog: Network C5, R 24 976 350 0.0% 60.1% 39.9% 0.0% 0.0% 0.0% 1.0% 48 C6, C11 & C13, Atteridgeville Roads&Stormwater Flooding backlog: Network C5, R 5 000 000 0.0% 0.0% 100.0% 0.0% 0.0% 0.0% 1.0% 49 C6, C11 & C13, Atteridgeville
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Chapter 19 final.indd 19 2015/04/17 01:43:39 PM Total Project Pre-Feasibility cost1 Spend profile Operating cost Category3 Project Name Priority2 Cost (ZAR) Year 1 (ZAR) Year 2 (ZAR) Year 1% Year 2% Year 3% Year 4% Year 5% Year 6% (% of capex) Roads&Stormwater Flooding Backlog: Network 5D, R 100 000 0.0% 0.0% 100.0% 0.0% 0.0% 0.0% 1.0% 50 Mandela Village Unit 12 Roads&Stormwater Flooding Backlogs: Soshanguve R 48 000 000 37.5% 31.3% 31.3% 0.0% 0.0% 0.0% 1.0% 51 South & Akasia Area Roads&Stormwater Flooding Backlogs: Olievenhoutbosch R 5 500 000 0.0% 9.1% 90.9% 0.0% 0.0% 0.0% 1.0% 52 & Centurion Area Roads&Stormwater Flooding Backlog: Network 2B, Ramotse R 20 000 000 0.0% 0.0% 100.0% 0.0% 0.0% 0.0% 1.0% 53 Roads&Stormwater Flooding Backlog: Network 2B, Ramotse R 20 800 000 3.8% 96.2% 0.0% 0.0% 0.0% 0.0% 1.0% 54 Roads&Stormwater Flooding backlog: Network R 20 000 000 0.0% 50.0% 50.0% 0.0% 0.0% 0.0% 1.0% 55 2D, New Eersterust x 2 Roads&Stormwater Flooding backlog: Drainage canals along R 7 100 000 0.0% 1.4% 98.6% 0.0% 0.0% 0.0% 1.0% 56 Hans Strydom Dr, Mamelodi x 4 and 5 Roads&Stormwater Flooding backlog: Network R 20 000 000 0.0% 50.0% 50.0% 0.0% 0.0% 0.0% 1.0% 57 1A, 1C & 1F, Ramotse Roads&Stormwater Collector Road Backlogs: Mamelodi R 17 500 000 100.0% 0.0% 0.0% 0.0% 0.0% 0.0% 1.0% 58 Roads&Stormwater Collector Road Backlogs: Atteridgeville R 5 100 000 0.0% 2.0% 98.0% 0.0% 0.0% 0.0% 1.0% 59 Roads&Stormwater Flooding backlog: Network R 10 200 000 0.0% 2.0% 98.0% 0.0% 0.0% 0.0% 1.0% 60 3A, Kudube Unit 9 Roads&Stormwater Upgrading of Maunde R 100 000 0.0% 100.0% 0.0% 0.0% 0.0% 0.0% 1.0% 61 Roads&Stormwater Giant Stadium: Buitekant Street R 100 000 0.0% 0.0% 100.0% 0.0% 0.0% 0.0% 1.0% 62 Roads&Stormwater CBD and surrounding areas (BRT) R 2 318 31.5% 33.4% 35.0% 0.0% 0.0% 0.0% 1.0% 63 -(Transport Infrastructure) 871 000 Roads&Stormwater Upgrading of Mabopane Roads (red soils) R 40 000 000 0.0% 50.0% 50.0% 0.0% 0.0% 0.0% 1.0% 64 Roads&Stormwater Upgrading of Sibande Street, Mamelodi R 5 100 000 0.0% 2.0% 98.0% 0.0% 0.0% 0.0% 1.0% 65 Roads&Stormwater Upgrading of Sibande Street, Mamelodi R 5 100 000 0.0% 2.0% 98.0% 0.0% 0.0% 0.0% 1.0% 66 Roads&Stormwater Capital Funded from Operating R 9 000 000 33.3% 33.3% 33.3% 0.0% 0.0% 0.0% 1.0% 67 Roads&Stormwater Upgrading of roads and stormwater R 10 000 000 0.0% 60.0% 40.0% 0.0% 0.0% 0.0% 1.0% 68 systems in Refilwe Roads&Stormwater Upgrading of roads and stormwater R 14 000 000 0.0% 57.1% 42.9% 0.0% 0.0% 0.0% 1.0% 69 systems in Rayton Roads&Stormwater Upgrading of roads and stormwater R 14 000 000 0.0% 57.1% 42.9% 0.0% 0.0% 0.0% 1.0% 70 systems in Cullinan Roads&Stormwater Improvement of dirt road leading to R 6 000 000 0.0% 50.0% 50.0% 0.0% 0.0% 0.0% 1.0% 71 Clover hill club, Bronkhortspruit dam Roads&Stormwater Upgrading of Garsfontein road R 12 000 000 100.0% 0.0% 0.0% 0.0% 0.0% 0.0% 1.0% 72
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Chapter 19 final.indd 20 2015/04/17 01:43:40 PM Total Project Pre-Feasibility cost1 Spend profile Operating cost Category3 Project Name Priority2 Cost (ZAR) Year 1 (ZAR) Year 2 (ZAR) Year 1% Year 2% Year 3% Year 4% Year 5% Year 6% (% of capex) Roads&Stormwater Contributions: Services For R 35 300 000 0.0% 56.7% 43.3% 0.0% 0.0% 0.0% 1.0% 1 Township Development Roads&Stormwater Essential/Unforeseen Stormwater R 40 000 000 0.0% 50.0% 50.0% 0.0% 0.0% 0.0% 1.0% 2 Drainage Problems Roads&Stormwater Apies River: Canal Upgrading, R 2 000 000 0.0% 50.0% 50.0% 0.0% 0.0% 0.0% 1.0% 3 Pretoria Central Roads&Stormwater Concrete Canal: Sam Malema R 5 000 000 0.0% 20.0% 80.0% 0.0% 0.0% 0.0% 1.0% 4 Road, Winterveldt Roads&Stormwater Major Stormwater System, Mamelodi X 8 R 17 000 000 0.0% 11.8% 88.2% 0.0% 0.0% 0.0% 1.0% 5 Roads&Stormwater Major Stormwater Systems: Klip/Kruisfontein R 40 000 000 0.0% 50.0% 50.0% 0.0% 0.0% 0.0% 1.0% 6 Roads&Stormwater Replacement Of Traffic Signs R 18 000 000 0.0% 44.4% 55.6% 0.0% 0.0% 0.0% 1.0% 7 Roads&Stormwater Rehabilitation Of Bridges R 1 300 000 0.0% 23.1% 76.9% 0.0% 0.0% 0.0% 1.0% 8 Traffic Engineering Traffic Calming And Pedestrian R 23 900 000 0.0% 46.0% 54.0% 0.0% 0.0% 0.0% 1.0% 9 Safety For Tshwane Traffic Engineering Traffic Lights/Traffic Signal System R 25 000 000 12.0% 44.0% 44.0% 0.0% 0.0% 0.0% 1.0% 10 Roads&Stormwater Mateteng Main Transport Route, Stinkwater R 100 000 0.0% 100.0% 0.0% 0.0% 0.0% 0.0% 1.0% 11 NMT Shova Kalula Bicycle Project R 20 000 000 0.0% 50.0% 50.0% 0.0% 0.0% 0.0% 1.0% 12 Roads&Stormwater Mabopane Station Modal Interchange R 28 000 000 100.0% 0.0% 0.0% 0.0% 0.0% 0.0% 1.0% 13 Roads&Stormwater Rehabilitation Of Roads R 40 000 000 0.0% 50.0% 50.0% 0.0% 0.0% 0.0% 1.0% 14 Roads&Stormwater Real Rover Road To Serapeng Road R 10 000 000 0.0% 100.0% 0.0% 0.0% 0.0% 0.0% 1.0% 15 Roads&Stormwater Block W - Stormwater Drainage R 27 500 000 0.0% 36.4% 63.6% 0.0% 0.0% 0.0% 1.0% 16 Roads&Stormwater Block W - Stormwater Drainage R 1 000 000 0.0% 100.0% 0.0% 0.0% 0.0% 0.0% 1.0% 17 Roads&Stormwater Stormwater Drainage Mahube Valley R 25 000 000 0.0% 0.0% 100.0% 0.0% 0.0% 0.0% 1.0% 18 Roads&Stormwater Stormwater Drainage Mahube Valley R 5 000 000 0.0% 100.0% 0.0% 0.0% 0.0% 0.0% 1.0% 19 Roads&Stormwater Magriet Monamodi Stormwater System R 10 000 000 0.0% 0.0% 100.0% 0.0% 0.0% 0.0% 1.0% 20 Roads&Stormwater Magriet Monamodi Stormwater System R 5 000 000 0.0% 100.0% 0.0% 0.0% 0.0% 0.0% 1.0% 21 Roads&Stormwater Major S/ Water Drainage System: Matenteng R 100 000 0.0% 0.0% 100.0% 0.0% 0.0% 0.0% 1.0% 22 Roads&Stormwater Hartebeest Spruit: Canal Upgrading R 3 000 000 0.0% 100.0% 0.0% 0.0% 0.0% 0.0% 1.0% 23 Roads&Stormwater Montana Spruit: Channel Improvements R 15 000 000 0.0% 13.3% 86.7% 0.0% 0.0% 0.0% 1.0% 24 Roads&Stormwater Major Stormwater Drainage R 30 000 000 0.0% 50.0% 50.0% 0.0% 0.0% 0.0% 1.0% 25 System: Majaneng Roads&Stormwater Major Stormwater Drainage R 35 000 000 0.0% 42.9% 57.1% 0.0% 0.0% 0.0% 1.0% 26 Channels: Ga-Rankuwa Roads&Stormwater Stormwater Drainage Systems R 45 000 000 0.0% 33.3% 66.7% 0.0% 0.0% 0.0% 1.0% 27 In Ga-Rankuwa View
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Chapter 19 final.indd 21 2015/04/17 01:43:40 PM Total Project Pre-Feasibility cost1 Spend profile Operating cost Category3 Project Name Priority2 Cost (ZAR) Year 1 (ZAR) Year 2 (ZAR) Year 1% Year 2% Year 3% Year 4% Year 5% Year 6% (% of capex) Roads&Stormwater Olievenhoutbosch Activity Spine R 1 000 000 0.0% 0.0% 100.0% 0.0% 0.0% 0.0% 1.0% 28 Roads&Stormwater Doubling Of Simon Vermooten R 161 000 000 84.5% 15.5% 0.0% 0.0% 0.0% 0.0% 1.0% 29 Roads&Stormwater Internal Roads: Northern Areas R 324 000 000 0.0% 34.8% 65.2% 0.0% 0.0% 0.0% 1.0% 30 Roads&Stormwater Internal Roads: Northern Areas R 502 975 350 19.4% 50.8% 29.8% 0.0% 0.0% 0.0% 1.0% 31 Roads&Stormwater Internal Roads: Northern Areas R 118 351 000 79.1% 20.9% 0.0% 0.0% 0.0% 0.0% 1.0% 32 Roads&Stormwater Centurion Lake And Kaal Spruit R 23 000 000 0.0% 13.0% 87.0% 0.0% 0.0% 0.0% 1.0% 33 Roads&Stormwater Flooding Backlogs: Stinkwater R 10 000 000 0.0% 0.0% 100.0% 0.0% 0.0% 0.0% 1.0% 34 & New Eersterust Area Roads&Stormwater Flooding Backlogs: Stinkwater R 5 000 000 0.0% 100.0% 0.0% 0.0% 0.0% 0.0% 1.0% 35 & New Eersterust Area Roads&Stormwater Flooding Backlogs: Sosh & Winterveldt Area R 241 000 000 10.8% 47.7% 41.5% 0.0% 0.0% 0.0% 1.0% 36 Roads&Stormwater Flooding Backlogs: Sosh & Winterveldt Area R 73 349 000 100.0% 0.0% 0.0% 0.0% 0.0% 0.0% 1.0% 37 Roads&Stormwater Flooding Backlogs: Mabopane Area R 30 000 000 0.0% 50.0% 50.0% 0.0% 0.0% 0.0% 1.0% 38 Roads&Stormwater Flooding Backlogs: Mamelodi, R 50 000 000 0.0% 50.0% 50.0% 0.0% 0.0% 0.0% 1.0% 39 Eersterust & Pta Eastern Area Roads&Stormwater Flooding Backlogs: Mamelodi, R 19 000 000 100.0% 0.0% 0.0% 0.0% 0.0% 0.0% 1.0% 40 Eersterust & Pta Eastern Area Traffic Engineering Traffic Flow Improvement at Intersections R 10 000 000 0.0% 50.0% 50.0% 0.0% 0.0% 0.0% 1.0% 41 Roads&Stormwater Flooding Backlog: Network R 5 000 000 0.0% 0.0% 100.0% 0.0% 0.0% 0.0% 1.0% 42 3, Kudube Unit 11 Roads&Stormwater Flooding Backlog: Network R 300 000 0.0% 100.0% 0.0% 0.0% 0.0% 0.0% 1.0% 43 3, Kudube Unit 12 Roads&Stormwater Flooding backlog: Network 2F, Kudube Unit 6 R 27 000 000 0.0% 44.4% 55.6% 0.0% 0.0% 0.0% 1.0% 44 Roads&Stormwater Flooding backlog: Network 5A, Matanteng R 10 000 000 0.0% 0.0% 100.0% 0.0% 0.0% 0.0% 1.0% 45 Roads&Stormwater Flooding backlog: Network 5A, Matanteng R 7 000 000 28.6% 71.4% 0.0% 0.0% 0.0% 0.0% 1.0% 46 Roads&Stormwater Flooding backlog: Network R 15 000 000 0.0% 33.3% 66.7% 0.0% 0.0% 0.0% 1.0% 47 2H, Kudube Unit 7 Roads&Stormwater Flooding backlog: Network C5, R 24 976 350 0.0% 60.1% 39.9% 0.0% 0.0% 0.0% 1.0% 48 C6, C11 & C13, Atteridgeville Roads&Stormwater Flooding backlog: Network C5, R 5 000 000 0.0% 0.0% 100.0% 0.0% 0.0% 0.0% 1.0% 49 C6, C11 & C13, Atteridgeville Roads&Stormwater Flooding Backlog: Network 5D, R 100 000 0.0% 0.0% 100.0% 0.0% 0.0% 0.0% 1.0% 50 Mandela Village Unit 12 Roads&Stormwater Flooding Backlogs: Soshanguve R 48 000 000 37.5% 31.3% 31.3% 0.0% 0.0% 0.0% 1.0% 51 South & Akasia Area
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Chapter 19 final.indd 22 2015/04/17 01:43:40 PM Total Project Pre-Feasibility cost1 Spend profile Operating cost Category3 Project Name Priority2 Cost (ZAR) Year 1 (ZAR) Year 2 (ZAR) Year 1% Year 2% Year 3% Year 4% Year 5% Year 6% (% of capex) Roads&Stormwater Flooding Backlogs: Olievenhoutbosch R 5 500 000 0.0% 9.1% 90.9% 0.0% 0.0% 0.0% 1.0% 52 & Centurion Area Roads&Stormwater Flooding Backlog: Network 2B, Ramotse R 20 000 000 0.0% 0.0% 100.0% 0.0% 0.0% 0.0% 1.0% 53 Roads&Stormwater Flooding Backlog: Network 2B, Ramotse R 20 800 000 3.8% 96.2% 0.0% 0.0% 0.0% 0.0% 1.0% 54 Roads&Stormwater Flooding backlog: Network R 20 000 000 0.0% 50.0% 50.0% 0.0% 0.0% 0.0% 1.0% 55 2D, New Eersterust x 2 Roads&Stormwater Flooding backlog: Drainage canals along R 7 100 000 0.0% 1.4% 98.6% 0.0% 0.0% 0.0% 1.0% 56 Hans Strydom Dr, Mamelodi x 4 and 5 Roads&Stormwater Flooding backlog: Network R 20 000 000 0.0% 50.0% 50.0% 0.0% 0.0% 0.0% 1.0% 57 1A, 1C & 1F, Ramotse Roads&Stormwater Collector Road Backlogs: Mamelodi R 17 500 000 100.0% 0.0% 0.0% 0.0% 0.0% 0.0% 1.0% 58 Roads&Stormwater Collector Road Backlogs: Atteridgeville R 5 100 000 0.0% 2.0% 98.0% 0.0% 0.0% 0.0% 1.0% 59 Roads&Stormwater Flooding backlog: Network R 10 200 000 0.0% 2.0% 98.0% 0.0% 0.0% 0.0% 1.0% 60 3A, Kudube Unit 9 Roads&Stormwater Upgrading of Maunde R 100 000 0.0% 100.0% 0.0% 0.0% 0.0% 0.0% 1.0% 61 Roads&Stormwater Giant Stadium: Buitekant Street R 100 000 0.0% 0.0% 100.0% 0.0% 0.0% 0.0% 1.0% 62 Roads&Stormwater CBD and surrounding areas (BRT) R 2 318 31.5% 33.4% 35.0% 0.0% 0.0% 0.0% 1.0% 63 -(Transport Infrastructure) 871 000 Roads&Stormwater Upgrading of Mabopane Roads (red soils) R 40 000 000 0.0% 50.0% 50.0% 0.0% 0.0% 0.0% 1.0% 64 Roads&Stormwater Upgrading of Sibande Street, Mamelodi R 5 100 000 0.0% 2.0% 98.0% 0.0% 0.0% 0.0% 1.0% 65 Roads&Stormwater Upgrading of Sibande Street, Mamelodi R 5 100 000 0.0% 2.0% 98.0% 0.0% 0.0% 0.0% 1.0% 66 Roads&Stormwater Capital Funded from Operating R 9 000 000 33.3% 33.3% 33.3% 0.0% 0.0% 0.0% 1.0% 67 Roads&Stormwater Upgrading of roads and stormwater R 10 000 000 0.0% 60.0% 40.0% 0.0% 0.0% 0.0% 1.0% 68 systems in Refilwe Roads&Stormwater Upgrading of roads and stormwater R 14 000 000 0.0% 57.1% 42.9% 0.0% 0.0% 0.0% 1.0% 69 systems in Rayton Roads&Stormwater Upgrading of roads and stormwater R 14 000 000 0.0% 57.1% 42.9% 0.0% 0.0% 0.0% 1.0% 70 systems in Cullinan Roads&Stormwater Improvement of dirt road leading to R 6 000 000 0.0% 50.0% 50.0% 0.0% 0.0% 0.0% 1.0% 71 Clover hill club, Bronkhortspruit dam Roads&Stormwater Upgrading of Garsfontein road R 12 000 000 100.0% 0.0% 0.0% 0.0% 0.0% 0.0% 1.0% 72
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Chapter 19 final.indd 23 2015/04/17 01:43:40 PM Table 19.6: Results of Financial Model: New Strategic Road Projects
Pre-Feasibility cost1 Spend profile Operating Total Project Category3 Project Name cost (% of Priority2 Cost (ZAR) Year 1 (ZAR) Year 2 (ZAR) Year 1% Year 2% Year 3% Year 4% Year 5% Year 6% capex) Road Infrastructure Lavender Road (R101) / M1 upgrade R 96 000 000 0.0% 0.0% 0.0% 30.0% 40.0% 30.0% 1.0% 73 Freight K6 ( new link) (from PWV9 to N1) R 640 000 000 0.0% 0.0% 0.0% 30.0% 40.0% 30.0% 1.0% 74 Freight K99 Link Zambezi Drive southwards across R 682 000 000 0.0% 0.0% 0.0% 30.0% 40.0% 30.0% 1.0% 75 the Magaliesberg mountain to link to the South (Dr Swanepoel Drive) Freight N4 to Tshwane CBD R 88 000 000 0.0% 0.0% 0.0% 30.0% 40.0% 30.0% 1.0% 76 Road Infrastructure Pretoria Road (K22) R 60 000 000 0.0% 0.0% 0.0% 30.0% 40.0% 30.0% 1.0% 77 Road Infrastructure Western Bypass (PWV9) R 3 803 943 968 0.0% 0.0% 0.0% 30.0% 40.0% 30.0% 1.0% 78 Freight Western Bypass (PWV9) (from R 80 to N14) R 3 803 943 968 0.0% 0.0% 0.0% 0.0% 0.0% 20.0% 1.0% 79 Freight K14 (from M1 to K97) R 567 000 000 0.0% 0.0% 0.0% 30.0% 40.0% 30.0% 1.0% 80 Freight K97 Pyramid to N4 (R101) R 280 000 000 0.0% 0.0% 0.0% 30.0% 40.0% 30.0% 1.0% 81 Road Infrastructure Derdepoort Road (K139) R 66 702 832 0.0% 0.0% 0.0% 30.0% 40.0% 30.0% 1.0% 82 Freight Link from the PWV2 (N4) Platinum Rd to R 2 700 000 000 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 83 PWV17 Freight PWV17 (from K54 to K16) R 2 600 000 000 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 84 Road Infrastructure K99 (Dr Swanepoel Rd) R 682 000 000 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 85 Road Infrastructure K54 R 3 375 000 000 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 86 Road Infrastructure Solomon Mahlangu Drive R 44 220 000 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 87 Road Infrastructure Garsfontein Road R 50 640 000 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 88 Freight Class 3 Road West of PWV17 (from K16 to R 780 000 000 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 89 Lipzzaner) Road Infrastructure Nico Smith Street R 31 003 200 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 90 Road Infrastructure Stormvoël Road (M8) R 40 800 000 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 91 Road Infrastructure Lynnwood Road R 56 400 000 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 92 Road Infrastructure Lenchen Avenue R 59 160 000 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 93 Road Infrastructure Louis de Vaal I/C upgrade (link to Flower R 36 240 000 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 94 Street) Road Infrastructure Rooihuiskraal Interchange R 51 600 000 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 95 Road Infrastructure Park Street Bridge R 60 000 000 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 96 TOTAL R 25 433 376 667
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Chapter 19 final.indd 24 2015/04/17 01:43:41 PM Table 19.7: Results of Financial Model: Funding parameters
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Chapter 19 final.indd 25 2015/04/17 01:43:41 PM Table 19.8: Results of Financial Model: Cash Flow
Table 19.9: Results of Financial Model: OPEX Flow
Table 19.10: Results of Financial Model: Debt Repayment
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Chapter 19 final.indd 26 2015/04/17 01:43:43 PM 19.7. CONCLUSIONS AND RECOMMENDATIONS • The proposed prioritization procedure of CITP projects will consist of two stages. The first stage will involve determining the transport technical priorities of projects. The transport technical This Chapter addressed the deliverables specified by the CITP Guidelines, and includes: priorities will subsequently serve as input into the new Capital Planning System (CaPS) recently
• Legislation governing funding; developed for the CoT. The CaPS will prioritise CITP projects as part of all the capital projects in the CoT, taking into account wider strategic criteria such as spatial and economic development, • Funding sources, addressing various internal and external funding sources, including public environmental, city affordability and political criteria. private partnerships (PPP’s); • Overview of the CoT transport budget allocation and funding; • The City of Tshwane Capital Planning System (CaPS) is a centralized decision support system developed specifically for Tshwane, which serves to capture, collate, prioritize, allocate budget • The Project Prioritization Process; and track capital project implementation within the city. • Financial Model, including a description of the model, its inputs and outputs; • The technical prioritisation technique is still in the process of refinement. At this stage the • Five-Year Implementation Program most important road projects defined in the infrastructure strategy has been prioritised using a simplified technique. The main conclusions are: • A financial model was developed which use as input the list of prioritised projects and available • Public funding sources are inadequate to fund all the required infrastructure and the Municipality funding and subsequently determines the annual funding and expenditure flows over a five- to will have to explore innovative alternatives to mobilise private party funds. A number of options ten-year period, including operating costs and financing cost. have been identified: value capturing, PPP’s, economic opportunities at public transport facilities, • The CITP team is still in the process of defining projects and the project lists are not yet and user charges completed. A number of high priority road projects have been defined and this list, in addition to • The main source for funding capital transport projects comes from PTISG funds, followed by the current MTREF Transport budgeted projects for 2015-2017, have been used to demonstrate internal funds. Most third party grant funders channel their funding via National Treasury, and the financial model. the City is required to apply for these grant opportunities, which poses challenges in many • Only ten of 24 road projects could be allocated to start between 2018 and 2020. Even in this instances. scenario, the funding shortage starts to build up from year 2019. The total capital expenditure • Various funding related risks or issues are high-lighted, which need to be considered and is R1.261 billion in 2015, and equal to total available funding. At the end of the current MTREF mitigated where possible. The lack of integrated planning between national, provincial and period in 2017, total CAPEX is R1.885 billion, with a short funding surplus of R17.6 million. The municipal departments and within the Municipality is a concern. This is especially a problem in funding shortage is more than R500 million in 2019 and more than R1 billion in year 2020. The view of the lack of coordinating funding and implementation between authorities. As a result, financial results indicate the very limited funding for new projects. Co-funding for major new there is uncertainty as to future allocations from national and provincial government. Lack of roads will have to be negotiated with Gauteng DoT and SANRAL. adequate maintenance cost to maintain the infrastructure is also a problem. • The majority of the 2013/14 -2015/16 budget was allocated to the TRT project implementation in view of the large dedicated PTISG funding from National Treasury. Approximately 50% of the budget is divided between storm-water and roads projects, leaving other public transport related projects and Wonderboom airport projects with about 3% of the total allocations.
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Chapter 19 final.indd 27 2015/04/17 01:43:43 PM Recommendations
In view of the fact that the Five-year program of projects has not been finalized yet, firm recommendations cannot yet be made. However, the following initial recommendations are appropriate:
It is recommended that:
• The CoT focus all their resources on a few major new projects, apart from the normal business as usual backlog eradication and maintenance projects;
• A task team be dedicated to procure additional funding that is appropriate to the type of projects that are pursued, in order to fund these projects;
• The CoT approach external authorities, such as Gauteng Province, SANRAL, Transnet, PRASA, to set up an integrated funding and implementation program so that all the authorities join forces to fund infrastructure development in Tshwane. The newly established Inter-Modal Planning Committee is the best forum to raise this issue;
• The transport budgeting committee investigates a mechanism to ring-fence developers’ contribution for transport; and
• That a feasibility study be conducted to investigate the establishment of the Metropolitan Land Transport Fund be actively pursued, as well as the related Public Transport Network Authority. This will provide a dedicated transport fund and give the CoT access to all the government bus subsidies relating to the Tshwane metropolitan area.
Chapter 19 final.indd 28 2015/04/17 01:43:43 PM COMPREHENSIVE INTEGRATED TRANSPORT PLAN
CHAPTER 20 STAKEHOLDER CONSULTATION / PUBLIC PARTICIPATION
Chapter 20 final.indd 1 2015/04/17 01:52:29 PM CONTENTS INTRODUCTION 1 20.1.1. BACKGROUND 1 20.1.2. DOT’S CITP MINIMUM REQUIREMENTS 2 20.1.3. SCOPE OF REPORT 2
20.2. PLANNING OF THE PUBLIC PARTICIPATION PROCESS 2 20.3. INTRODUCTION OF THE PROJECT TO THE STAKEHOLDERS 3 20.4. DISCUSSION OF THE STATUS QUO REPORT WITH STAKEHOLDERS 3 20.5. DISTRIBUTION OF THE STATUS QUO REPORT AND COMMUNICATION WITH COMMUNITIES VIA THE MEDIA 4 20.6. CONCLUSION 5
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Chapter 20 final.indd 2 2015/04/17 01:52:30 PM CHAPTER 20 STAKEHOLDER CONSULTATION PUBLIC PARTICIPATION
INTRODUCTION
20.1.1. Background
This report provides the stakeholders engagement initiatives, process and outcomes undertaken as part of the Comprehensive Integrated Transport Plan (CITP) for the City of Tshwane (CoT). The data and information collected as part of this project is contained in chapter 13 of the CITP. Public Participation is considered an important part of transport planning process. The intention is to ensure the public is involved and participate in the development of the plan so that communities should take ownership of the plan and participate in the implementation of the plan. In developing the ITP guidelines, The National Department of transport adopted a principle of developing transport plans with the communities and not for the community without their inputs.
According to the Department of Transport’s CITP Minimum Requirements (DoT, 2007) as well as the Terms of Reference issued by the CoT for the CITP, public participation should be comprehensive and all stakeholders should be involved in the development of the CITP. The Province has also made regulations under the Act called the Gauteng Regulations on Procedures to be followed in Promoting Public Participation in the Transport Planning Process, 2012.
For the CITP to be approved by the Gauteng MEC, the City of Tshwane should demonstrate that a comprehensive public participation was undertaken in-line with the Minimum requirement developed by DoT and the Gauteng regulations.
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Chapter 20 final.indd 1 2015/04/17 01:52:31 PM 20.1.2. DoT’s CITP Minimum Requirements The key thrust of the strategy was the establishment of the engagement structures used for engagement and information sharing. These structures would be used as platform to reach out to all the stakeholders The DoT’s CITP Minimum Requirements stated that the “extend of and the result of consultation with all and to make sure all the stakeholders are consulted. The roles and responsibilities of each structure affected parties including operators, commuters and communities must be described” were also outlined.
This mean all stakeholders involved in transportation industry, including public transport operators, the This strategy was developed in 2012. passenger of public transport, transport planners, government officials and the communities should be The following year (2013), the Gauteng Department of Roads and Transport promulgated regulations consulted and their inputs are included in the final plan. related to public participation when developing the ITP. The new regulations meant that another strategy In order to meet the minimum requirements, the following are some of the stakeholders which were has to be developed to accommodate the new regulations. consulted: Copy of the updated strategy is attached in Appendix B. • Public transport operators (for all modes: rail, buses, mini-bus taxis, metered taxis etc.)
• Commuters representatives; The public participation strategy was developed to respond to the following questions: • People with disability representatives; • Regional Officials • What is CITP? • Communities via the ward committee meetings • Why the City of Tshwane have to develop CITP? • The process followed in the development of CITP? 20.1.3. Scope of Report • What is the role of stakeholders in the development of CITP? • Discuss the benefits of CITP? The public participation chapter covers the following topics: • What can be expected when the project is over? • What the CITP will look like, the end product? • Planning of the public participation process • Once the CITP is produced, what can stakeholders do with it? • The introduction of the project to the stakeholders. • Sharing status quo data report with stakeholders. • The distribution of the status qua report These questions guided the public participation team when engaging all the stakeholders particularly when engaging members of the communities. 20.2. PLANNING OF THE PUBLIC PARTICIPATION PROCESS
After the consortium was appointed the working group responsible for the stakeholders engagement developed a stakeholder’s engagement strategy which was circulated to the client. The strategy was presented to the Technical Committee Meeting of the project.
Copy of the presentation is attached in Appendix A.
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Chapter 20 final.indd 2 2015/04/17 01:52:31 PM 20.3. INTRODUCTION OF THE PROJECT TO THE 20.4. DISCUSSION OF THE STATUS QUO REPORT WITH STAKEHOLDERS STAKEHOLDERS
After the 1st strategy was discussed and adopted by the Technical Committee, working group 8 (working After the status quo was completed and approved, the public participation team visited the stakeholders group was responsible for public participation) members developed the presentation which were used to listed above and shared the results of the status quo report. inform stakeholders about the project. A standard presentation was developed and data/information was shared with all the stakeholders. The The presentation used to introduce the CITP project is attached in Appendix C. Information/data included in the presentation were related to:
The CITP project was introduced to the following stakeholders: • Results of the house hold survey, • Current Public Transport Record (CPTR) results, Table 1: Stakeholders engaged as part of the public participation • Land use, City Planning • Some Demographic data City of Tshwane Departments • Employment data Office of the Executive Mayor (People with Disability Offices) The presentation was well received and the stakeholders made comments and gave feedback.
PRASA The presentation that was developed and shared with the stakeholders is attached in Appendix E. Rail Related operators Gautrain
Taxi Associations affiliated to TOPICA
Road based public Taxi Associations affiliated to GTRTC transport operators Buses operators
Metered Taxi leadership
City of Tshwane Regional Offices All 7 Regional Offices
Ward Committees meeting in the 7 regions Members of the Communities GDS outreach programme
Attendance register and the notes taken at the meetings are attached in Appendix D.
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Chapter 20 final.indd 3 2015/04/17 01:52:31 PM 20.5. DISTRIBUTION OF THE STATUS QUO REPORT AND Region 2: COMMUNICATION WITH COMMUNITIES VIA THE MEDIA • Sinoville Customer Care Centre, Kudu Building, 240 Marija Street, Sinoville
When the new Gauteng Department of Roads and Transport regulations were promulgated the • Hammanskraal Customer Care Centre, 532 Lovelane Street, Mandela Village CITP project was already implemented. The Gauteng Government made regulations under the Act • Temba Community Library, 4424 Unit 2, Temba. Margaret Letswalo 012 717 8352 called the Gauteng Regulations on Procedures to be followed in Promoting Public Participation in the • Overkruin Community Library, c/o Marija and Brac Avenue, Sinoville Centre, Sinoville. Monica Transport Planning process. These regulations stipulate that before municipality may commence with Geldenhuys, 012 567 4955 the development of transport plans, members of the public and other interested parties must be invited • Hammanskraal Community Library, 532 Lovelane Street Mandela Square, Hammanskraal, to make written submissions on matter to be included and considered in the transport plans taking Selaelo Selina Malao, 012 711 3586 into account the immediate transport needs and challenges of the public in that area of the planning authority. It further stated that the notice should be published in at least two newspapers circulating in • Steve Biko Community Library, Pfanani Development Centre, Block H, Steve Bikoville, Zinhle the area of the planning authority, one of which must be in English. The notice must also be placed on Precious Mkhize, 079 793 0130 public notice boards at the City’s offices throughout the Provinces.
Giving the above, it was decided that because the regulations came into effect after the project had Region 3: already started, the status quo report will be distributed and members of the communities will be informed about the reports and its contents and ask for comments. • BKS Counter 1 & 7 – 373 Pretorius street • Sammy Marks, c/o Madiba and Sisulu streets A list of places/location were drawn up and the copies of the status quo were distributed to these • Ou Raadsaal, Church Square locations.. Below is the list of places/location where the copies of the report were distributed: • Atteridgeville, Office Block E, Atteridgeville Municipal Office, Komane street (between Mngade and Radebe streets)
Region 1: • Isivuno House, Lilian Ngoyi Street, between Madiba and Johannes Ramakhoase streets
• Akasia Municipal Offices, 16 Dale Ave, 2nd Floor, R22, Karen Park, Akasia, 012 358 8817 • Akasia Customer Care Centre, Cnr Heinrich and Madelief Street, Akasia Medical Centre, Akasia, Region 4: 012 549 2244 • Centurion Regional Office, Room D28, Lyttelton Municipal Complex, Basden Avenue • Ga-Rankuwa Customer Care Centre, Stand 9111, Setlogelo Street, Zone 5, Ga-Rankuwa, 012 358 0595 • Centurion Customer Care Centre, C/o Clifton Avenue and Rabie Street, Lyttelton • Ga–Rankuwa Library, Botsi Street, Ga-Rankuwa Zone 2, 012 358 9682 • Laudium Municipal Building, 4th Avenue, Laudium, Contact Person: Frans Shongwe, 012 358 3302 • Mabopane Library, Stand 265 Block X, Mabopane • Lyttelton Library, C/o Cantonment and Unie Avenue, Lyttelton • Olievenhoutbosch Community Centre
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Chapter 20 final.indd 4 2015/04/17 01:52:31 PM Region 5: 20.6. CONCLUSION
• Rayton Regional Office, C/o Oakley and Montrose Street, Rayton The City has embarked on a comprehensive public participation which is in-line with the Department • Roodeplaat Library, Plot 171, Kameeldrift East, Roodeplaat, 072 465 3535 of Transport Minimum Requirement and the regulations made the Gauteng Department of Roads and • Onverwacht Library, 123 Thabo Mbeki Street, Onverwacht, 012 734 0072 Transport.
Communities and public transport operators are well aware of the project and are involved in the Region 6: development of the project. Government officials are also involved.
The intention is to involve all the stakeholders until the project is finalised. Currently the team is developing • Mamelodi Regional Office, Room D2, Cnr JL Ledwaba & Makhubela Street, Mamelodi Mini strategies as stipulated in the minimum requirement. Once these strategies have been developed, a Munitoria, Mamelodi West, 01235802381 round of stakeholders’ engagement will be undertaken to discuss the strategies before they are finalised • Stanza Bopape Customer Care Centre, 27401 Ramaposu Street, Mamelodi East, Pta 012 358 in the CITP. 1887
• Nellmapium Customer Care Centre, 200 Love Street, Nellmapius A final round of engagement will be done to discuss the final product before it is submitted to the City Council for approval. • Mamelodi West Community Library, C/o Kubone and Nchabeleng Street, Section T, Mamelodi, Pta 012 805 3326 • Eersterust Community Library, Eersterust Civic Centre, Hans Coverdale Rd, Eersterust. 012 358 0406
Region 7:
• Bronkhorstspruit Municipal Offices, Muniforum Building no1, Cnr Mark and Botha Streets, Bronkhorstspruit, 012 358 6030 • Ekangala Section F Library, Stand no 1108, Masakhane Hall, 1028
The City also informed the communities via newspapers advert about the development of the CITP and requested members of the communities to read and make inputs to the report. The adverts were placed on the following newspapers:
• Pretoria News • Beerld • Sowetan
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Chapter 20 final.indd 5 2015/04/17 01:52:31 PM Chapter 20 final.indd 6 2015/04/17 01:52:31 PM COMPREHENSIVE INTEGRATED TRANSPORT PLAN
CHAPTER 21 MONITORING & EVALUATION
Chapter 21 final.indd 1 2015/04/17 01:55:19 PM CONTENTS
INTRODUCTION 1 21.2. OVERVIEW OF EXISTING KPI’S 2 21.2.1. DoT KPI’s 2
21.2.2. Gauteng Province KPI’s 3
21.2.3. CoT IRPTN Strategy KPI’s 3 21.3. PROPOSED KPI’S FOR THE CITP 4 21.4. CONCLUSIONS AND RECOMMENDATIONS 6
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Chapter 21 final.indd 2 2015/04/17 01:55:20 PM CHAPTER 21 MONITORING & EVALUATION
INTRODUCTION
The measurement of performance is a requirement of the National Land Transport Act (2005) as, inter alia, specified in Sections 6(2) (c) and (9)(2)(a) and (h). Performance measurement is also required from transport planning authorities at the local sphere of government through the Municipal Systems Act (2000). Monitoring of the implementation of the CITP must be carried out using key performance indicators (KPI’s). The Technical Transport Planning Guidelines for CITPs to be prepared by Type 1 Planning Authorities mentions that “The performance of all projects must be monitored on a regular basis to ensure that the anticipated goals are achieved. For this purpose it is proposed that a set of key performance indicators (KPIs) be formulated for each project as part of the development of the project”.
The key to measure to monitor the performance of the transport system and the impact of the implementation of the CITP is to properly specify KPI’s and to establish affordable and sustainable data collection procedures. Measurement need to take place at least annually on certain key measures and every 5-years on all the KPI’s when the CITP is updated.
The CoT therefore need to development of a set of indicators that will be measured and monitored continuously to check progress towards a more sustainable transport system. Three principles should however be kept in mind for the selection of indicators:
• Validity, which means that the indicator must have a direct link to a relevant policy intervention;
• Availability, which means that the indicator must be quantifiable with easily accessible data; and
• Reliability, which means that the data must have been gathered by a public or a governmental authority.
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Chapter 21 final.indd 1 2015/04/17 01:55:20 PM The KPI’s to be used in the CITP can cover a variety of aspects on the performance of transport but can The following conclusions are drawn: be classified into two broad categories: • Travel time for work trips increased somewhat by 16%
• Customer Service Performance Indicators, which provide information on travel times, travel • Travel time for work trips by public transport remained the same costs, mode of travel be it related to work, social, education or other trips, level of dissatisfaction • Travel time for educational trips increased significantly by 29% with regard to services on offer etc.; and • Percentage of motorised trips to work by public transport declined by 13% • Operational System Performance (or sometimes called Administrative Performance) which provide information on transport infrastructure, bills and taxi services provided, rail capacities • Percentage of trips with walking times to train greater than 15 mins. increased drastically and utilisation. • Percentage of trips with walking times to bus greater than 15 mins. increased drastically
In the formulation of KPI’s it is important to follow the so-called SMART criteria. This means the measure • Percentage of trips with walking times to taxi greater than 15 mins. increased drastically has a Specific purpose for the business, it is Measurable to in practice, the defined norms have to be • Monthly costs of work trips by public transport increased significantly by 73% Achievable, and the improvement of a KPI has to be Relevant to the success of the organization, and finally it must be Time phased, which means the value or outcomes are shown for a predefined and • % of public transport users spending more than 10 % of disposable income on transport relevant period. to work increased somewhat by 7%
This Chapter reviews the KPI’s recommended in the DoT’s National Land Transport Framework (NLTF), those of the Gauteng Province recommended in the Gauteng Integrated Transport Master Plan, and To conclude, all the KPI values deteriorated over the previous ten year period, except for the total travel previous KPI’s of the City of Tshwane. From this review a set of KPI’s are proposed to measure the time by public transport for work trips that remained similar. Access to public transport in terms of the achievement of the Goals and Objectives developed for the CITP. A target value for each KPI is defined. proportion of trips with walking time in excess of 15 minutes deteriorated drastically. The new larger Trends in the KPI’s recommended by the DoT over the previous ten years are also provided. Finally, boundaries of Tshwane certainly had some impact on the KPI’s values. The KPI values for the former conclusions and recommendations are made. CoT boundaries and for each Region will be addressed in the final CITP.
21.2. OVERVIEW OF EXISTING KPI’S
21.2.1. DoT KPI’s
The DoT proposed a set of eight KPI’s in the NLTF, which are monitored in the National Household Travel Survey (2003 and 2014). They relate to travel time for various trip purposes, walking times to various modes, modal split and cost of work trips. These have been used as a guideline.
The 2003 CITP specified and measured performance against the DoT’s KPI’s as well as the percentage of users dissatisfied towards various level of service aspects of public transport modes in the Household Travel Survey (HTS). This provides an ideal opportunity to monitor the trend in performance from 2003 to 2013, which is provided in Table 21.1.
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Chapter 21 final.indd 2 2015/04/17 01:55:20 PM Table 21.1: Trends in DoT KPI values for Tshwane from 2003 to 2013 • Public Transport Efficiency; • Increase in public transport patronage; KPI Key Performance KPI Target Status for the City Status for the City No Indicator of Tshwane (2003) of Tshwane (2014) • Modal Shift from private vehicle to Public Transport; • Administration Efficiency; 1 Travel time for Less than 1 hour 48.4 minutes 56 minutes work trips • Management System; 2 Travel time for Less than 1 hour 66.5 minutes 66 minutes • Road safety; work trips by public transport • Transport Mobility and accessibility; • Infrastructure Development and Maintenance; 3 Travel time for Not specified 29.4 minutes 38 minutes educational trips • Social empowerment; 4 Percentage of 80 per cent 53.2 per cent 47 per cent • Sustainable transportation; motorised trips to work by public • Environmental Management; transport • Restructuring and rationalisation of public transportation system; 5 Walking times 15 minutes (less 36.1 % walk longer 89 % walk longer than • Land Use Restructuring; to trains than about 2 km) than 15 minutes 15 mins. (Ave 33 mins) • Freight Transportation Management (cost of freight logistics); and 6 Walking times 15 minutes (less 6.2 % walk longer 22% walk longer than to buses than about 2 km) than 15 minutes 15 mins. (Ave 11 mins) • Sustained Funding.
7 Walking times to taxis 15 minutes (less 5.6 % walk longer 23% walk longer than Specific criteria and targets have not been specified. than about 2 km) than 15 minutes 15 mins. (Ave 10 mins)
8 Monthly costs Not specified R141 per month R244 per month 21.2.3. CoT IRPTN Strategy KPI’s of work trips by public transport The IRPTN Strategy of the CoT (2012) proposed various criteria and targets for each of nine Objectives, 9 % of public transport 10 % specified 41% spend more 44% indicated below. users spending as maximum than 10% 1. To make public transport accessible to all CoT citizens and visitors to fulfil at least their more than 10 % of disposable income basic needs. on transport to work • Target 1: Station/stop within 1 km for more than 80% of households. • Target 2: All Stations and Vehicles to provide for universal access. 21.2.2. Gauteng Province KPI’s • Target 3: NMT facilities to be provided within 1 km walking and 5 km cycling of stations along main access route.
Gauteng Province specified the following Key Performance Areas as part of their 25 Year Integrated 2. To provide a high-level of mobility to CoT citizens and visitors: Transport Master Plan – 5-Year Transport Implementation Plan. • Target 1: Travel Time less than 60 minutes for more than 85% of trips. • Target 2: Transfer times between modes less than 15 minutes.
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Chapter 21 final.indd 3 2015/04/17 01:55:20 PM 3. To ensure that the public transport system is economically feasible over full life-cycle 21.3. PROPOSED KPI’S FOR THE CITP • Target 1: Benefit-Cost ratio of more than 3. • Target 2: Internal Rate of Return higher than government borrowing rates (>8%). Chapter 2 of the CITP indicated that the transport goals and objectives are aligned with the City’s mission and are the targets which the City aims to achieve. To give effect to the transport vision and 4. To provide a public transport system that is functional, efficient and meeting users’ needs mission of the city, setting the goals and objective sets the basis for developing a monitoring system that • Target 1: To shift 10 % of private transport users to public transport may be used for evaluating progress in guaranteeing progress in meeting the Tshwane 2055 as well as • Target 2: Reduce average operating cost per pass km by 10%. the transport vision.
• Target 3: Passenger information easily available to all citizens and visitors to the City – Using the KPI’s of the DoT, previous CITP and those developed for the IRPTN as a guide, a list of key search time for information less than 5 minutes. performance indicators linked to the goals of the CITP is provided in Table 21.2. The Table gives the 5. To provide a transport system that is equitable and affordable to all of CoT citizens and KPI description, the Unit in which it is measured, the target, the actual value, and the source of the visitors information. Only nine KPI’s have been selected in order to establish a practical and achievable basis. It is recommended that the HTS is budgeted for at least every five years to coincide with the Five-Year • Target 1: Monthly travel cost less than 10% of disposable income. major update of the CITP. The HTS is very valuable to monitor the KPI’s, to provide planning information • Target 2: Subsidies of trips ending in CoT to reduce in real terms to CPI per annum. and to calibrate the CoT’s demand model. However, the survey data should be available at the start of 6. To provide a transport system that is environmentally sustainable the CITP update to ensure effective use of the data.
• Target 1: To shift 10 % of private transport users to public transport It is also recommended that the 9 DoT KPI’s are monitored as it provides a history of performance since 7. To maximize transport investment to stimulate economic development 2003.
• Target 1: Direct and indirect impact on economic growth > 15% contribution to CoT GGP Values for KPI’s that could be determined from current data sources are provided in Table 21.2, although (see remarks below). there are still some that require further investigation. These will be provided in the Final CITP. • Target 2: Total number of direct and indirect jobs created through the IRPT Investment > 3000 (see remarks below). Land Use KPI’s and Monitoring 8. To provide a safe and secure transport system for users and the general public In broad terms, the City – through the CITP – advocates for and supports intensification of land uses • Target 1: Number of total accidents along IRPT corridors to reduce by 20%. (residential and non-residential) along public transport corridors. Such densification increasingly makes • Target 2: Number of crime incidents on IRPT services to reduce by 20%. compared to current public transport more viable by simultaneously increasing demand and ridership along the corridor. rail and bus services along the IRPT corridors. Furthermore, the intensification of land use within the existing urban footprint leads to more effective 9. To provide an IRPT system that is integrated between all Gauteng regions use of existing resources including land and engineering infrastructure (thereby increasing efficiency) and mitigates the environmental impact of the urban environment by limiting sprawl (contributing to • Target 1: The fare collection of all IRPT Services to be EMV compliant as per DoT Regulations. sustainability).
The total development capacity within walking distance of the City’s public transport corridors using an average density of 80 units/Ha has been calculated.
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Chapter 21 final.indd 4 2015/04/17 01:55:20 PM As part of a comprehensive Growth Management Strategy which includes the revision of land use policy and investment patterns, the • If targets are not met the City should respond by putting remedial following targets/ KPIs are proposed for consideration by the City of Tshwane in order to measure the extent of redevelopment along measures in place in the specific region. the priority public transport network: • The introduction of such annual Monitoring and Evaluation process is • On average the City should develop/ approve building plans for approximately 8800 residential units per annum along the an essential component to the overall Growth Management Approach priority public transport network. suggested.
• This quantum should be subdivided among the various regions with an annual target to be achieved per region as a performance The most practical measure for a relevant KPI is the average dwelling unit measure. density per hectare in traffic zones adjacent to the IRPTN routes, with a target Table 21.2: Proposed KPI’s for the CITP of 80 units per hectare. Ideally one should refine the KPI to areas within walking distance of the routes, i.e. within say 500 to 800 metre. This information is not Objective (Abbreviated Target Status of the City Source /Method currently available and would need to investigated in future. from Chapter 2)
1. Transport system that Total travel time for Work (Ave) < 60min 56 min HTS KPI’s in the fields of economic development, land use and environment pose improves mobility 38 min specific challenges and these are briefly discussed below: and accessibility For Education <30 min Demand Model
% of households within 1 km Train: 89% GIS Economic Development KPI’s / 15 min from PT route Bus: 22% HTS Taxi: 23% The economic development KPI requires an economic model to estimate the 2. Provide fully integrated More than 85 % of trips have To be Determined HTS direct and indirect economic impacts of the transport investment and operations PT system transfer time < 20 mins as a result of the implementation of the CITP. An economic model was applied 3. Transport system Transport impact on economic To be Determined Economic model that drives economic growth > 15% (direct and indirect) for the IRPTN Operational Plan and this can in principle also be applied to CITP. development Transport OPEX Various KPI’s such as economic growth, job creation and income growth can be and CAPEX specified. The economic development KPI’s will be further investigated for the No of fatalities per 100,000 vehicles 4. Improve safety 2.3 TRAFMAN/ final CITP. and security of 10.1 ENATIS / Census No of fatalities per 100,000 population transport system % of users dissatisfied with safety Environmental KPI’s and security on PT < 50% HTS 5. Transport system that % of motorised trips by PT >60% 54% HTS The chapter on sustainable transport provides a framework for the assessment reflects image of city Demand model of sustainable transport. A wide range of environmental dimensions are defined, including: 6. Development- Ave Dwelling Unit density along IRPTN 10 Units per hectare GIS / Census orientated PT system routes > 80 units per ha (In traffic (Approximate) • Sensitive habitats: Protection of ecological function zones adjacent to IRPTN routes) • Natural water systems: Identification of water sensitive areas, and the 7. Transport that is To be determined To be determined implementation of appropriate infrastructure environmentally sustainable
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Chapter 21 final.indd 5 2015/04/17 01:55:21 PM • Greenhouse Gases: Reduction of greenhouse gas emissions and also to provide a basis for monitoring the performance of the transport system in each Region. • Sustainable Energy: Energy efficient design and technology and the transition to renewable energy sources in support of transport infrastructure In view of the KPI’s of the DoT, those proposed in the previous CITP and the IRPTN Strategy, • Habitat fragmentation: Extent of spatial conflict between less sensitive natural areas and a list of key performance indicators linked to the goals of the CITP have been developed. infrastructure (new and existing) in terms of: Targets for each KPI have been proposed as well as the data source. Nine KPI’s have been o Noise formulated in order to establish a practical and achievable basis for regular evaluation and monitoring of the overall transport system of Tshwane. The HTS is a key source to monitor o Vibration the KPI’s, to provide planning information and to calibrate the CoT’s demand model. o Visual
o Cultural Heritage Recommendations o Air quality o Waste The following recommendations are made: o Mining • That the proposed set of nine KPI’s is used to monitor the performance of the o Water use Tshwane transport system at a strategic level on a five-yearly basis.
For each of these dimensions KPIs’ can be defined, which would not be practical for the purposes of the • That a core set of KPI’s are monitored on a yearly basis using less expensive survey CITP. It is recommended that only a few key KPI’s are defined that would serve as proxy’s for the above methods. environmental considerations, for example CO2 emissions and water pollution. • That the House-hold Travel Survey is budgeted for at least every five years to coincide with the Five-Year major update of the CITP. However, the survey data should be available at the start of the CITP update to ensure effective use of the data.
21.4. CONCLUSIONS AND RECOMMENDATIONS • That the nine DoT KPI’s are monitored as well as it provides a history of performance since 2003. This Chapter addressed the process and Key Performance Indicators (KPI’s) to monitor and evaluate the performance of the Tshwane transport system and the impact of the CITP’s implementation on the • That a data collection and information management system is implemented forming system. The KPI’s recommended by the DoT, those of Gauteng Province and previous KPI’s of the CoT part of the Transport Information Register presented in Chapter 4. were reviewed. Trends in the KPI’s of the DoT are provided comparing the KPI values achieved over the previous ten-year period.
All the KPI values in the DoT guidelines deteriorated over the previous ten year period, except for the total travel time by public transport for work trips that remained similar. Access to public transport in terms of the proportion of trips with walking time in excess of 15 minutes deteriorated drastically. The new larger boundaries of Tshwane certainly had some impact on the KPI values. The KPI values for the former CoT boundaries and for each Region will be addressed in the final CITP to address this problem
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Chapter 21 final.indd 6 2015/04/17 01:55:21 PM COMPREHENSIVE INTEGRATED TRANSPORT PLAN
CONCLUSIONS & RECOMMENDATIONS
Conclusions and Recommendations final.indd 1 2015/04/17 08:41:47 AM 021 022
Conclusions and Recommendations final.indd 2 2015/04/17 08:41:49 AM CONCLUSIONS & RECOMMENDATIONS
The Sustainability Framework has been used to inform the selection and content of the preferred strategies for the CoT CITP. This framework further includes the integrative nature of social conditions with the natural environment, and that by ensuring informed and holistic development through better planning; such infrastructure can provide meaningful opportunities for socio-economic development. Therefore, the framework also includes various criteria associated with addressing factors of spatial justice, equity, inclusionary principles of ‘pro-poor’ planning, amongst others, in an attempt to drive the CoT towards successfully achieving its 2055 vision and numerous objectives as described in the CITP.
The UN and its global partners have invested in a number of strategies and forums in order to aid in the transition towards sustainable transport. South Africa too has placed much emphasis on planning for sustainable transport. Going forward, the basic guiding principles for sustainable transport include: access, equity, health and safety, individual responsibility, integrated planning, pollution prevention, land and resource use, and holistic cost accounting.
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Conclusions and Recommendations final.indd 1 2015/04/17 08:41:52 AM As such a ‘Sustainable Transport Assessment Framework’ has been compiled to assist with measuring growth along the priority public transport network identified. Such Growth Management Strategy the CoT CITP strategies for effectiveness in achieving these objectives. The assessment considers should include, inter alia, the following measures. the following broad classes of the types of planning considerations that are required in order to realise o Provide efficient and comprehensive public transport services and facilities along the sustainable transport which should be considered in future transport planning and operations: priority public transport routes in order to ensure that these corridors function as public transport corridors and not mere development corridors. • Connectivity and mobility - socially inclusive and effective transport networks o Note that the construction of new transit systems usually precedes the land use • Sensitive habitats – design and location of infrastructure that maintains ecological function restructuring required to effectively support the investment • Natural water systems – implementation of water sensitive design o Only highlight the priority public transport routes as densification corridors on the • Air quality – reduction of transport emissions through shifts in modalities and infrastructure respective RSDF maps. At present there are too many routes earmarked for densification design which reduces the potential impact on the priority public transport routes in the City. • Sustainable energy – energy efficient design & technology, and transition to renewable energy o Ensure that land use policies and the Tshwane Land Use Management Scheme reliance (LUMS) support processes of densification, intensification, infill and general mixed use • Habitat fragmentation – remove spatial conflict between natural areas and infrastructure development along the priority public transport network when land use rights are being • Adhere to environmental statutory requirements applied for. In broad terms, the City – through the CITP – advocates for and supports intensification of land uses o Similarly, approval procedures along these corridors should be streamlined to ensure along public transport corridors. Residential densification along public transport corridors will likely lead rapid response on applications as an incentive to developers. to increased demand and ridership on public transport services, while a simultaneous increase in non- o Spare bulk service capacity in the various regions should be reserved/ prioritized for land residential activities along the corridors will increase the number of job opportunities in the City as a use applications located along priority public transport corridors. whole, which being accessible via public transport. Such densification thus increasingly makes public o Promote two and three storey walk-up housing typologies (all income groups and transport more viable. In line with national and provincial policy directives, the goal is to increasingly including subsidised RDP/Social Housing walk-ups) at densities ranging between 60 prioritise public transport over private transport through increased nodal and corridor development, and and 80 units per hectare (Gross). serving the latter with high quality public transport services. o Promote Transit Oriented Development (TOD) along these corridors, especially within Furthermore, the targeted intensification of development within the existing urban footprint leads to more walking distance (500-800m) from transit stations. Basic TOD guidelines include higher effective use of existing resources including land and engineering infrastructure (thereby increasing densities, provide a mix of housing typologies, incorporate mixed use development for efficiency) and mitigates the environmental impact of urban development by limiting sprawl (contributing vitality, orient land uses towards transit stations, reduce private vehicle parking within the to sustainability). precinct, and create safe, high quality environments for pedestrians. o Ensure that surrounding movement networks sufficiently cater for Non-Motorised In order to realize the envisioned redevelopment along public transport corridors – in other words Transport (NMT), including shortcuts and segregated lanes. redevelopment and infill development at greater densities and including mixed use development – the o Align the City Capital Investment Framework (CIF) with the priority areas for Transit land use modelling team wish to put forward the following recommendations for consideration by the Oriented Development along the public transport network to ensure that infrastructure City of Tshwane: investment/ spending patterns are aligned with the spatial vision.
• The City should implement a comprehensive Growth Management Strategy aimed at facilitating o Continuously Monitor and Evaluate progress regarding development along public transport corridors.
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Conclusions and Recommendations final.indd 2 2015/04/17 08:41:52 AM The primary focus with the Transport Infrastructure Strategy is to develop an implementation plan, Currently freight management has been neglected for many years in Gauteng and the metropolitan providing priority projects for roads and public transport infrastructure, and generally giving priority to cities which led to unplanned truck stop facilities across the city. Currently heavy vehicles move through public transportation, i.e., moving more people than vehicles. the city to avoid toll roads and possible on the shortest route to its destination. The commodities of such heavy vehicles include bulk materials, hazardous cargo, fast moving consumer products and containers. The transport demand model was used to test various combinations of the planned infrastructure projects In general a number of these heavy vehicles transporting bulk materials are over loaded. Some of the to ensure the most efficient transport network. The practical and economically justified proposals for vehicles cargo profile are outside the set requirements and qualify for a permit. Currently Tshwane is new facilities and for the improvement of existing public transport facilities and major roads, aimed at no dedicated weighbridge which is operational. Further has the movement of heavy vehicles, public giving priority to public transport were identified. In the final scenario and in terms of the minimum transport and private transport on the same road network a direct impact on traffic congestion and requirements of the NLTA the projects were ranked in order of importance and according to the following increase the risk of an accident and/or incidents. criteria: A further grey area is the issuing of permits to transport hazardous materials and abnormal loads by • Major Roads the provincial community safety and the process to inform the local metro police to manage and control • Public Transport facilities such vehicles. The parking of such vehicles in demarcated areas within the CBD and truck stop facilities • BRT network is non-existence. • Dedicated public transport lane • Freight A number of projects have been identified in the short, medium and long term to unpack and improve • Non-Motorised Transport the management of freight in Tshwane.
It is recommended that the projects listed in Table 7.5 be regarded as priority projects for Transport The following projects are recommended to manage freight in the CBD. Infrastructure Implementation Plan. • Establish a Freight Transport working group in Tshwane which includes all relevant departments to coordinate all freight related initiatives; Intermodal modal freight is one of the fastest growing commodities in South Africa which would require • Develop a freight transport plan/ freight management plan; mega terminals on the periphery of Gauteng in the future. The Pyramid terminal is one of such identified mega terminals planned for Gauteng and is also part of the SIP projects. Such terminals have the • Establish weighbridges for the effective overload control; potential to generate between two to three million heavy vehicle trips per annum. The functionality of • Establish truck stop/fatigue management centres at weigh bridges to manage truck drivers and control heavy vehicles in demarcated areas. The truck stop facilities will make provision for mega terminals includes the following: general cargo and hazardous goods; • To consolidate freight; • Establish dedicated abnormal routes for heavy vehicles; • To Establish an intermodal facility for road and rail transport; • Establish a technical workgroup to manage and control hazardous goods within Tshwane and • To Establish truck stop facilities; stopping facilities; • To Establish warehousing to stuff and de-stuff containers; • Provide adequate and purpose designed signage and bill boards to direct and/or guide heavy • To provide value added services such as weigh bridges, fatigue managements facilities, vehicles, abnormal vehicles and hazardous vehicles through and around the city. maintenance facilities, medical facilities, etc.; • Develop institutional processes to issue permits and/or to utilise data to identify continuous • To establish connectivity to the terminal; offenders and to apply the correct law enforcement procedures; • To establish appropriate public transport • Develop an intelligent transport system to manage heavy vehicles through and around the city in the long term.
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Conclusions and Recommendations final.indd 3 2015/04/17 08:41:52 AM The following strategic road projects have been identified: • Maintenance o Adequate management and maintenance of facilities • Upgrade the R101, K14 and R573 (K139) to support the volume of freight and to provide the o Ensure there is adequate maintenance programme for all infrastructure projects (e.g. required connectivity to Pyramid; budget 5% of CAPEX annually) • The following new roads are identified. o Promote job creation opportunities through maintenance (e.g. employing local residents o K99 from the N4 West to provide access to the Pyramid terminal from the South to maintain the infrastructure) o K6 to provide connectivity between Rosslyn and Pyramid; o Mentoring of SMME contractors on site with regards to new guidelines being issued o K14 to provide connectivity to rainbow junction and Pretoria North; o Accountability within the CoT to make sure that NMT is not compromised in terms of o PWV 2 an extension from the N4 West to the PWV17 implementation ( road space; budget constraints; contractor skill; stormwater challenges) o PWV17 form the PWV2 to the N3. The PXV 2 and PWV 17 is part of the ring road • Monitoring and Evaluation identified in the Gauteng 25 year ITMP. The PWV 17 also provide access to the PWV 5 o Assess budget spent on NMT network into Midrand and Johannesburg o Assess budget spent on NMT maintenance work o PWV 9 a critical node between the N14 and N4 West to divert traffic from the south o After commissioning of the NMT infrastructure of cycling and pedestrian traffic accidents around Tshwane. have decreased on the affected routes The conclusions of the NMT Strategy are summarised as follows: • NMT Communications, Awareness Programmes • Institutional Issues o Continuous promotion and marketing of NMT o Key custodians of NMT within the City are identified, through the formation of a dedicated o Keep updated GIS network map of NMT facilities and routes NMT unit o NMT champion in Tshwane o Co-ordinate all NMT related tasks in Tshwane o Development of a bike share system feasibility in Hatfield / Menlyn precincts o Integrate NMT sidewalk / bicycle lane projects as part of roads programme in Tshwane o Develop programmes in support of bicycle goods market (LED / job creation) o Co-ordinate NMT programmes with urban improvements (urban design; city planning; o Develop an employee trip reduction programme start with the CoT parks) within the city • Integration of Planning and Network Development o Implementation of the NMT Priority Network (5 year) A strategy for public transport safety and security is suggested in this document, providing an overarching o NMT planning to be integrated into IRPTN so that it becomes a mode of choice policy approach. Current issues to be dealt with in meeting the objectives were identified. A number o NMT planning supporting NMT commuter trips and demand (user needs analysis) of role players and stakeholders were involved and information was shared in a number of workshops. o Appropriate facilities to be provided at public transport hubs and schools The strategy is supported by pillars for Engineering, Enforcement, Education and Governance. For each o Planning to take goods traffic into account promote LED activities with bicycle traffic pillar various aspects were identified to be considered in developing strategies and programmes. • Addressing Accessibility and Equity through Design of Facilities It is suggested that this strategy be considered in formulating strategies for the identified pillars. The o Utilise the NMT Facilities Guidelines as the basis of design (DOT, 2014) and make sure strategies should be coordinated on the relevant levels of operation, dealing with the relevant level of that Universal Access Design principles are implemented detail. Programmes, projects and interventions for implementation must be forthcoming from these o Provide appropriate NMT facilities linked to IRPTN strategies as soon as possible. o NMT way finding system should be implemented o Infrastructure to be aesthetically pleasing and include greening and street furniture In the process of formulating the CITP, relevant legislation and policy documents, as listed in this where appropriate Chapter, have been considered and taken into account. The legislation deals with constitutional issues,
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Conclusions and Recommendations final.indd 4 2015/04/17 08:41:52 AM transport, land use and development planning, road traffic, the environment and some other relevant contracts currently managed by the Province. The Constitution also allows for other functions aspects. The most relevant policy documents in all three spheres of government have been included. that resort at the national and provincial level, such as the passenger rail function, to be assigned The list is not all-inclusive, but the focus is on the main relevant aspects. to the City after following prescribed processes. • The Province has established the Gauteng Transport Commission (GTC) and is in the process of It should be noted that the policy and legislation constitute “moving targets” and are subject to regular engaging with the City and other municipalities with a view to providing some transport services change. For example, the National Land Transport Act, 2009 (NLTA) is in the process of being amended at provincial level. and the relevant Amendment Bill is expected to be introduced to Parliament in the first half of 2015. Changes in policy and legislation will have to be included in the annual updates of the Plan. Public funding sources are inadequate to fund all the required infrastructure and the Municipality will Some salient findings and recommendations are the following: have to explore innovative alternatives to mobilise private party funds. A number of options have been identified: value capturing, PPP’s, economic opportunities at public transport facilities, and user charges • The City is responsible for municipal public transport, municipal airports, municipal roads, traffic and parking, municipal planning and a wide range of other transport functions in terms of the The main source for funding capital transport projects comes from PTISG funds, followed by internal Constitution, the NLTA and various other pieces of legislation. funds. Most third party grant funders channel their funding via National Treasury, and the City is required • The City must comply with a number of policy documents in all three spheres of government. to apply for these grant opportunities, which poses challenges in many instances. These relate to a variety of issues such as public transport (PT), non-motorised transport (NMT), Various funding related risks or issues are high-lighted, which need to be considered and mitigated where accessible transport, travel demand management (TDM), land use and development planning, possible. The lack of integrated planning between national, provincial and municipal departments and environmental aspects, etc. within the Municipality is a concern. This is especially a problem in view of the lack of coordinating funding • The CITP should be in line with the National Land Transport Strategic Framework (NLTSF) and and implementation between authorities. As a result, there is uncertainty as to future allocations from the Provincial Land Transport Framework (NLTSF). It should also take account of and be in line national and provincial government. Lack of adequate maintenance cost to maintain the infrastructure with the Gauteng 25-Year Integrated Transport Master Plan and Five-Year Implementation Plan is also a problem. prepared by the Province. • The City, as required by the policy and legislation, is in the process of establishing an integrated The majority of the 2013/14 -2015/16 budget was allocated to the TRT project implementation in view public transport network (IPTN) which includes a rapid transport component (IRPTN). The of the large dedicated PTISG funding from National Treasury. Approximately 50% of the budget is network includes the A Re Yeng bus rapid transit system, passenger rail services provided by divided between storm-water and roads projects, leaving other public transport related projects and PRASA, the Gautrain Rapid Rail Link, , the Tshwane Bus Services, other contracted scheduled Wonderboom airport projects with about 3% of the total allocations. bus services, minibus taxi-type services, metered taxis and non-motorised transport, among others. The proposed prioritization procedure of CITP projects will consist of two stages. The first stage will involve determining the transport technical priorities of projects. The transport technical priorities will • The NLTA and its regulations prescribe processes for dealing with the rights of bus and taxi operators on the routes that have been or will be impacted by the IRPTN, and the City is engaging subsequently serve as input into the new Capital Planning System (CaPS) recently developed for the CoT. The CaPS will prioritise CITP projects as part of all the capital projects in the CoT, taking with these operators to implement those provisions. into account wider strategic criteria such as spatial and economic development, environmental, city • In terms of the NLTA the City must structure its administration so that transport planning and affordability and political criteria. development and land use planning functions are integrated.
• The City is required to integrate PT services within and between modes. The City of Tshwane Capital Planning System (CaPS) is a centralised decision support system developed • The function of regulating PT through the operating licensing system may be assigned to the specifically for Tshwane, which serves to capture, collate, prioritise, allocate budget and track capital City, and a feasibility study is underway in this regard. The same applies to the subsidised bus project implementation within the city.
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Conclusions and Recommendations final.indd 5 2015/04/17 08:41:52 AM The technical prioritisation technique is still in the process of refinement. At this stage the most important The City has embarked on a comprehensive public participation which is in-line with the road projects defined in the infrastructure strategy has been prioritised using a simplified technique. Department of Transport Minimum Requirement and the regulations made the Gauteng Department of Roads and Transport. A financial model was developed which use as input the list of prioritised projects and available funding and subsequently determines the annual funding and expenditure flows over a five- to ten-year period, Communities and public transport operators are well aware of the project and are including operating costs and financing cost. involved in the development of the project. Government officials are also involved.
The CITP team is still in the process of defining projects and the project lists are not yet completed. A The intention is to involve all the stakeholders until the project is finalised. Currently number of high priority road projects have been defined and this list, in addition to the current MTREF the team is developing strategies as stipulated in the minimum requirement. Once Transport budgeted projects for 2015-2017, have been used to demonstrate the financial model. these strategies have been developed, a round of stakeholders’ engagement will be undertaken to discuss the strategies before they are finalised in the CITP. Only ten of 24 road projects could be allocated to start between 2018 and 2020. Even in this scenario, the funding shortage starts to build up from year 2019. The total capital expenditure is R1.261 billion in A final round of engagement will be done to discuss the final product before it is submitted 2015, and equal to total available funding. At the end of the current MTREF period in 2017, total CAPEX to the City Council for approval. is R1.885 billion, with a short funding surplus of R17.6 million. The funding shortage is more than R500 million in 2019 and more than R1 billion in year 2020. The financial results indicate the very limited funding for new projects. Co-funding for major new roads will have to be negotiated with Gauteng DoT and SANRAL.
In view of the fact that the Five-year program of projects has not been finalized yet, firm recommendations cannot yet be made. However, the following initial recommendations are appropriate:
It is recommended that:
o The CoT focus all their resources on a few major new projects, apart from the normal business as usual backlog eradication and maintenance projects; o A task team be dedicated to procure additional funding that is appropriate to the type of projects that are pursued, in order to fund these projects; • The CoT approach external authorities, such as Gauteng Province, SANRAL, Transnet, PRASA, to set up an integrated funding and implementation program so that all the authorities join forces to fund infrastructure development in Tshwane. The newly established Inter-Modal Planning Committee is the best forum to raise this issue; • The transport budgeting committee investigates a mechanism to ring-fence developers’ contribution for transport; and • That a feasibility study be conducted to investigate the establishment of the Metropolitan Land Transport Fund be actively pursued, as well as the related Public Transport Network Authority. This will provide a dedicated transport fund and give the CoT access to all the government bus subsidies relating to the Tshwane metropolitan area.
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Conclusions and Recommendations final.indd 6 2015/04/17 08:41:52 AM COVER.indd 3 2015/04/17 08:25:52 AM 1 4
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