To what extent is neglect by provincial departments of transport affecting the ability of municipalities to perform their powers and functions in terms of the national land transport act, (Act no.5 of 2009)?

Abstract

Section 154(1) of the Constitution of the Republic of South Africa provides that the national and provincial governments, by legislative and other measures, must support and strengthen capacity of municipalities to manage their own affairs, to exercise their powers and to perform their functions (Constitution of the Republic of South Africa, 1996). The National Land Transport Act No.5 of 2009 (the Act) provides for amongst others, the functions of MECs (section 9(2)) and responsibilities of the provincial sphere of government (section 11(1)(b)(South Africa, National Land Transport Act, 2009, s 154(1)). This study reflects on the statutory functions and responsibilities of the provincial sphere of government in capacitating the municipalities to carry out the powers and functions in terms of the Act, as well as determine whether the provinces are actually complying with their statutory responsibilities in terms of the Act. In conducting the research, desktop study involving interpretation and analysis of primary and secondary sources have been undertaken. The results demonstrate that the majority of provincial departments responsible for transport in South Africa are not complying with their responsibilities to support and strengthen capacity of municipalities to carry out their powers and functions in terms of the Act.