Mr M S F de Freitas (DA) asked the Minister of Transport:
(1) (a) What is the (i) mandate and (ii) function of the National Traffic Intervention Unit, (b) how does it differ from similar units that already exist, (c) which entity or departmental programme finances this unit and (d) what standing does this unit have;
(2) whether there is a relationship/connection between this unit and the toll roads project; if not, to whom does the unit report; if so, what is the nature of this relationship;
(3) (a) who appoints officers in this unit and (b) in terms of which legislation or regulation are such appointments made;
(4) whether any formal agreements have been drawn up with any other (a) agency, (b) department or (c) authority on (i) provincial or (ii) local level; if not, why not; if so, (aa) with whom were agreements entered into and (bb) what are the relevant details of such agreements? NW2349E
The Minister of Transport:
(1) (a) (i)
Given the high crash and fatality rate in the country, it became necessary to establish the National Traffic Police in 2010, to bolster the efforts and interventions of existing traffic authorities in dealing with particularly difficult areas where traffic violations are leading to fatal crashes and where additional capacity is required.
The Road Traffic Management Act, 1999 (Act No 20 of 1999), the National Road Traffic Act, 1996 (NRTA) (Act No 93 1996), and the Administrative Adjudication of Road Traffic Offenses (AARTO) Act, (Act No 46 of 1998), are all section 44 (2) legislation as provided for in the Constitution and have been passed under section 76 of the Constitution. The Road Traffic Management Corporation (RTMC) was established in terms of section 2 (a) (i) of the RTMC Act, effecting the pooling of road traffic powers of the Minister and every MEC of Transport in South Africa. It therefore follows that by resolution by the RTMC Shareholders Committee, the pooling of powers is effected, in this case, to form the National Traffic Police Unit. The acting Chief Executive Officer was mandated by the Shareholders Committee to appoint officers to this Unit.
In terms of the AARTO Act, issuing authority means the RTMC, established under section 4 of the RTMC Act. It is also common cause that an issuing authority must have authorised personnel to be able to issue, as envisaged by the AARTO Act.
The National Traffic Police has been established in order to perform duties related to traffic law enforcement throughout South Africa, as prescribed by the NRTA Act of 1996.
The main objectives of the Unit include, amongst others:
? To undertake special traffic enforcement operations based on smart policing principles in hazardous locations;
? to augment and co-operate with and provide support to authorities that need assistance; and
? to pro-actively work towards reducing offence rates in specific areas.
The National Traffic Police Unit has jurisdiction throughout South Africa and can be deployed to assist in any area, whereas all other traffic departments are either provincial or local and therefore their jurisdiction is limited to their specified sphere of government.
The Unit is funded by the RTMC, with contributions from the South African National Roads Agency Limited (SANRAL). Self-funding is also envisaged from the revenue generated through traffic fines.
The Unit has a standing as prescribed by the following legislation:
• The Road Traffic Management Act, 1999 (Act No 20 of 1999)
• The National Road Traffic Act, 1996 (Act No 93 1996)
• Criminal Procedure Act, 1977 (Act No 51 of 1977)
• Administrative Adjudication of Road Traffic Offenses Act, 1998 (Act No 46 of 1998
(2) The Unit reports to the RTMC, as an issuing authority as prescribed by the AARTO Act and the resolution of the RTMC Shareholders Committee on 01 April 2011.
(3) (a) and (b)
The acting Chief Executive Officer of the RTMC appoints the officers in terms of section 3 A (1) (a) (iv) of the NRTA, section 20 of the RTMC Act, as well as the AARTO Act, which describes the RTMC as an issuing authority.
(4) (a), (b), (c) (i), (ii) (aa) and (bb)
There is a relationship with SANRAL and Transnet Freight Rail on the Gauteng Freeway Improvement Project (GFIP) and the Railway Crossings, respectively. The details of the involvement and collaboration are still being finalized.