Establishing a Transport Authority for the Gauteng Global...

Establishing a Transport Authorityfor the Gauteng Global City Region

28th May 2019

25-YEAR INTEGRATED TRANSPORT MASTER PLAN(ITMP25)

Sustainable Transport• Reduce travel:

• Change travel patterns• Regularity & extent of travel in peak periods, trip lengths, etc.

• Shift in modes:• Shift from: Motorised Non-motorised transport• Shift from: Private Public transport• Shift from Road Rail

• Technology:• Environmentally friendly technologies• Intelligent Transport Solutions (ITS)

System Approach – Public Transport• Basic assumptions:

• Based on Supply and Demand principles• Transport demand – is the need for the movement of people,

goods and services.• This demand for the movement of people, goods and services

determines the design parameters of the system that is required.• In any transport system there are usually three peak periods,

morning-, midday- and afternoon peak periods.• During these peak periods the demand usually outstrips the

supply, on average 3 to 6 hours per day• During the off peak periods the supply is usually higher than the

demand, on average 18 to 21 hours per day

Capacity Constraints - Gautrain

System Approach – Public Transport (cont.)

• Basic assumptions (continue):• Public Transport System Design• Although the demand for the movement of people, goods and

services determines the system that is required.• Once the public transport system is completed the system is run

from a supply side.

• Basic assumptions (continue):• Public Transport System Design• The routes and the time tables are developed from the supply

side, irrespective of the actual demand on a specific route. This is crucial if one is to:

• Attract infrequent users,• Tourists,• Convince the maximum number of people living or working in the

metropolitan area that they don’t need a car to travel in the city, for their everyday home-work, home-school, home-leisure and work-work trips.

• Assure commuters that there will be a service if they need to make a trip during off-peak times

• So one cannot distinguish between high volume routes and route with less volumes


• Public Transport System Design (continue)• Must be based on accurate and up to date information• Develop and populate a transport demand model to determine the

current and future movement of people, goods and services in the area.

• An example of such a model is the EMME4 model that has every trip in the area’s origin and destination (O-D) link, with special focus on the morning peak trips (maximum demand).

• Each O-D trip link must also have the following information:• Time of the trip;• Day of the week;• Modal choice / modal choices; and• Route selection.


• Public Transport System Design (continue)• This model must be able to generate the current transport

system’s travel demand (calibration), and• Future scenarios to predict travel patterns and volumes for the 10-,

20-, 25-, and 30-year networks• This process is very data-driven and the latest available data,

census, household survey etc. must be used.• The demand model must be updated with any new, relevant data• New challenge is what do we do with-, and how do we handle

“big” data in future?• “Real-time” information;• Instant feed-back?• Speed of response?• Social media?


• Public Transport System Design (continue)• Public transport is a ‘social’ service• Due to the supply-side design of the system it will require very

high fares to make the system profitable• This will make the system not accessible to a large portion of the

population, especially the poorest-of-the-poor• Due to spatial distortions of the past the poor people have been

moved to areas that are far-away (dormitory townships) from the economic activities (and jobs) and providing a safe, predictable and affordable public transport service for them is a critical service that has to be provided


• What should we be monitoring if we are not focussing on profitability?

• Efficiency and effectiveness of the system• If the system is inefficient the fare box income (currently say

33.3%) can reduce and the subsidy portion will have to be increased

• If this increase in subsidy is not possible (or budgeted for), then the system degrades, the ridership reduces and the downward spiral begins (Metrorail)

• People are forced to other, less efficient, modes of transport resulting in congestion, loss of productivity and quality of life


• How do we control efficiency and effectiveness of public transport?

• Ensure an integrated public transport system, where there is a link between transport planning and land-use planning (ITP’s and IDP’s) and economic planning for all three spheres of government

• Competition for a route and not on a route. This must be based on correct data to ensure that routes are not over-subscribed through the issuing of too many permits (CPTR-information)

• Proper law-enforcement of the permits that are issued• Centralised setting of priorities for CAPEX project


• How do we control efficiency and effectiveness of public transport (continue)?

• Centralised point of receipt of PT subsidy and central point for the motivation for subsidy (advocacy)

• Centralised branding, marketing & communication on PT (TfL)• Ensure common:

• PT information;• Timetables;• Ticketing;• Fare harmonisation; and• Modal transfer nodes

Creation of a Transport Authority


Gauteng Transport Authority ActJack van der Merwe

28 May 2019

Process: Pre Election

D.Listing as a Schedule 3(c), provincial public Entity (PFMA)

E.Securing Budget

F.Develop a skills set requirement (What is available)

A.Promulgation of GTA Act

C.Develop a business case for the GTA

B.Appoint a person to drive the GTA process

Process: Post Election

C.Governance Require-ment: Setting up the Authority

D.GTA Organizational Structure

E.Setting up the Consulta-tiveStructures

F.Complying with the GTA require-ments

G.ITMP25 Review

A.MEC –Induction;Guidance; & Mandate

B.Advocacy:Local Authorities,Treasury

Constitution of RSA:Republic is one Sovereign Democracy with a three-tier

Governmental System, Operating Co-operatively with one another in mutual trust & Good Faith by:

Fostering Friendly

Relations.

Assisting & Supporting one

another.

Informing one another of and Consulting one

another on Matters of Common Interest.

Co-ordinating their Actions & Legislation with

one another.

Adhering to Agreed

Procedures.

Avoiding Legal Proceedings Against one

another.

GTA : Preamble

Constitution of RSA: Section 151(3) with 156(1)Vests in a Municipality the Executive Authority in respect of, and the right to Administer or Govern, on its Own Initiative, the Local Government Affairs or Matters of its Community

listed in Part B of Schedules 4 & 5, Subject to National & Provincial Legislation:Recognising that section 155(6), enjoins the Provincial Government, by Legislation & other

Measures, to:

Provide for monitoring & Support of Local Government in the Province.

Promote the Development of Local Government capacity to enable Municipalities to Perform their Functions & their Own Affairs.

GTA Act: Preamble (2)

AND RECOGNISING FURTHER that the Constitution in section 155(7), vests legislative and executive authority on the provincial government to see to the effective performance by

municipalities of their functions in respect of matters listed in Schedules 4 and 5, by regulating the exercise by municipalities of their executive authority referred to in section

156(1) read with section 151(3);


ACKNOWLEDGING that the National Land Transport Act, 2009 (Act No. 5 of 2009), prescribes national principles, requirements, guidelines, frameworks and national norms

and standards with respect to the national land transport system that must be applied uniformly in the provinces and other matters contemplated in section 146(2) of the

Constitution;


National Land Transport Act, 2009 (Act no. 5 of 2009): And Acknowledging further that the NLTA in section 11(b)(iii) mandates the Provincial

Government with the responsibility for co-ordination between municipalities with a view to ensuring the effective and efficient execution of land transport in the province and for

promoting Provincial Legislation and objects of that Act.


Gauteng Transport Authority Act: Chapter 1-

Definitions & Objects of ActPart I: Definitions1. DefinitionsPart II: Objects of this act2. Objects of the Act

The Objects of this Act Are to:

Establish:

and Empower the GTA in order to:- Give effect to the Constitution & the National Transport Policy & Legislation within the Province;- Consolidate certain transport functions of organs of State in the Province.

Integrate:

transport system in the Province.

Foster:

- co-operation and co-ordination between public transport authorities & operators in the Province.

Improve:

and Optimise the planning and implementation of public transport services in the Province.

Facilitate:

- and Rationalise the funding of public transport activities and initiatives in the Province.

GTA Act: Objects of Act (Chapter 1; Section 2 (a) to (e))


Establishment of the Authority3. Establishment of Authority4. Objectives of the Authority5. Functions of the Authority6. Powers of the Authority

3 (1) The GTA is hereby Established as a Juristic Person;(2) The Authority is a body corporate with perpetual succession and a common seal,

capable of suing and being sued in its corporate name; and(3) The Public Finance Management act, 1999, applies to the Authority.

GTA Act: Establishment of the Authority (Chapter 2; Section 3 (1) to (3))

The Objectives of the Authority Are to:

Develop:

- an Integrated Transport System which:- Contributes to Environmental sustainability;- Social Cohesion; &- Promotes Economic Progress in Gauteng.

Provide:

a public transport system for all users in Gauteng that is:-well-functioning;- efficient and modern;- integrated; &- safe.

Integrate:

- the Development of transport Infrastructure; & -Services in Gauteng.

Improve:

Access to:- The Transport System;- Including Public Passenger Transport Services;- By all persons; &- In particular, persons with disabilities.

Promote:

- Increased use of the Public Transport System;- Increased use of cycling and walking as means of Transport; &- Value for money.

GTA Act: Objectives of Authority (Chapter 2; Section 4 (1) & (2))

The Gautrain Transport Authority Must:

Undertake:

- Strategic Transport & Integrated Planning for Transport in Gauteng.

Promote:

- The Development of an Integrated & Accessible Public Transport Network in Gauteng.

Regulate:

- Public Transport Fares in Gauteng

Secure:

- Provision of Passenger Transport Services;- Provision of Public Transport Infrastructure;- Provision of an Integrated Ticketing & Information System for Public Transport; &- Effective management of Traffic;

Secure:(continue)

- Effective Management of Transport Demand;- Development & Implementation of a single Public Transport Insignia;- Collection of Statistical data & Information on Transport;- Conduct of Research on Transport; &- Foster good relations & Cooperation.

GTA Act: Functions of Authority (Chapter 2; Section 5 (1) (a) to (d))

The Gautrain Transport Authority May:

Do:

- All such Things that may arise out of or consequential on or are necessary or expedient for the performance of its functions or are ancillary thereto.

MEC May:

-With the consent of the Board, by notice in the Provincial Gazette confer on the GTA such additional functions in relation to transport as may be appropriate to achieve the objects of this Act & the objectives of the GTA,

GTA Act: Functions of Authority (Chapter 2; Section 5 (2) & (3))

The Powers of the Authority Are to:

Enter into:

- Contracts & Perform any Other Legal Acts.

Purchase:

- Hire or Otherwise acquire & Hold, Sell, Exchange, Let or Otherwise deal with Property, whether immovable or Moveable, for the Purposes of the Act.

Generally:

- Do Anything or Perform any other act That may be necessary for, or incidental to, the carrying out of its functions, or attainment of its objectives under this Act or achievement of this Act.

GTA Act : Powers of Authority (Chapter 2; Section 6 (a) to (c))

Gauteng Transport Authority Act : Chapter 3-

Planning MattersPart I: Strategic Transport Plan7. Strategic Transport Plan

7 (1) The Authority must develop a Strategic Transport Plan in accordance with section 7(2) The Authority must ensure that the first Strategic Transport Plan is published no later

than six months following the review of the Provincial Land Transport Framework in accordance with section 35 of the National Land Transport Act, 2009.(3) the object of the Strategic Transport Plan is to provide a long-term strategic planning

framework for the integrated development of transport infrastructure and services in the Province.(4) a Strategic Transport Plan must consider the future development of the transport

system in the Province for a period of no les than 5 years and no more than 15 years.

GTA Act : Strategic Transport Plan(Chapter 3; Section 7 (1) to (4))

When preparing a Strategic Transport Plan, the Authority must have regard to:

The National Land Transport Strategic Framework contemplated in section 34 of the National Land Transport Act, 2009;

The Provincial Land Transport Framework contemplated in section 35 of the National Land Transport Act, 2009;

The Integrated Transport Plans of the relevant municipalities contemplated in section 36 of the National Land Transport Act, 2009;

Demographic, economic, social, travel & transport trends in the province; and

Existing, planned and projected land use developments;

GTA Act: Strategic Transport Plan(Chapter 3; Section 7 (3) (a) to (e))

When preparing a Strategic Transport Plan, the Authority must have regard to:

Trends and requirements of persons travelling from outside the Province into the Province, and vice versa, and the demand for such travel;

Any proposals received from the public transport authorities and operators; &

Any such matters as may be prescribed by the MEC or as the Authority considers appropriate.

(6) The Authority must ensure that the Strategic Transport Plan is consistent with the relevant Spatial Development Frameworks prepared in accordance with Part D of Chapter 4 of the Spatial Planning and Land Use Management Act, 2013 (Act No.16 of 2013)

GTA Act: Strategic Transport Plan (continue)(Chapter 3; Section 7 (5) (f) to (h) & (6))

A Strategic Transport Plan must be prepared in such a form and manner as may be prescribed by the MEC, the Authority must:

In the course of preparing a Strategic Transport Plan; &

After publishing a preliminary draft of the Strategic Transport Plan, consult with, invite and consider the views of -

MEC’s responsible for Development, Planning, Environment, Heritage & Local Government matters in the Province; &

Relevant Municipalities; Gautrain Management agency; PRASA; ACSA; SANRAL; SALGA; public transport operators; transport users; and other interested parties in the Province.

GTA Act: Strategic Transport Plan (continue)(Chapter 3; Section 7 (7) & (8) (a) to (e))

(9) The Authority must, after completing the consultation required in subsection (8), submit a draft of its Strategic Transport Plan to the MEC for his or her approval. (10) When submitting a draft of its Strategic Transport Plan to the MEC under subsection (9), the Authority must send a copy of that draft to the relevant municipalities in the Province and those municipalities must, within a period of 30 days of their receipt of the draft, issue a notice to the Authority, the MEC and the MEC responsible for Local Government in the Province stating whether, in their view, the draft Strategic Transport Plan is consistent or not with―(a) the National Land Transport Strategic Framework;(b) the Provincial Land Transport Framework; or(c) their respective Integrated Transport Plans,and, in such case, what amendments to the draft Strategic Transport Plan they consider necessary to achieve such consistency.

GTA Act: Strategic Transport Plan (continue)(Chapter 3; Section 7 (9) to (10))

(11) Where a notice received by the MEC from the relevant municipalities in the Province under subsection (10) contains a statement of the type referred to in subsection (10)(c), the MEC may, after consulting with the MEC responsible for Local Government in the Province, take any of the actions specified in subsection (12) and, where he or she does not accept the advice of the relevant municipalities given under subsection (10), he or she must inform the relevant municipalities in writing of the reasons for such decision.(12) Following the expiry of 30 days referred to in subsection (10), the MEC may, having considered any notice or report received under subsection (10) or (11), in relation to a draft strategic transport plan submitted to him or her―(a) approve the draft;(b) approve it with modifications;(c) instruct that it be resubmitted to him or her in a modified form for approval; or(d) refuse to approve it.


(13) The MEC must, as soon as practicable after he or she has approved a Strategic Transport Plan, with or without modifications, under subsection (12), cause a copy of it to be tabled in the Provincial Legislature.(14) As soon as practicable after the MEC has notified the Authority that he or she has approved a Strategic Transport Plan, the Authority must publish an executive summary of it in the Provincial Gazette and take all reasonable practical steps to implement it.(15) Where the Authority has made a Strategic Transport Plan, it must no later than five years after the making of the plan and no less than once in every period of five years thereafter, review such plan and when so reviewing, it may revoke the plan and make a new plan.(16) Where the Authority makes a new Strategic Transport Plan, it must do so in accordance with this section and the new plan supersedes any previous plan



Planning Matters (continue)

Part II: Integrated Implementation Plan 8. Integrated Implementation Plan

8. (1) As soon as practicable after the approval of a Strategic Transport Plan by the MEC, the Authority must develop an Integrated Implementation Plan for the ensuing five-year period in accordance with this section.

GTA Act: Integrated Implementation Plan(Chapter 3; Section 8 (1))

An Integrated Implementation Plan must comprise:

the key objectives and outputs to be pursued by the Authority over the period of the plan;

actions to be taken by the Authority to ensure the effective integration of public transport infrastructure over the period of the plan;

an integrated service plan, identifying the key objectives and outputs to be pursued by the Authority in relation to the procurement of public passenger transport services over the period of the plan;the actions to be taken by the Authority to ensure the effective integration of public passenger transport services over the period of the plan;

an infrastructure investment programme; and

such other matters as the Authority considers appropriate or as may be prescribed by the MEC.

GTA Act: Integrated Implementation Plan(Chapter 3; Section 8 (2) (a) to (f))

(3) An integrated implementation plan must be prepared in such a form and manner as may be prescribed by the MEC and have regard to―(a) any proposals received from public transport authorities and operators; and(b) the need to ensure the most beneficial, effective and efficient use of resources.(4) The MEC, in consultation with the MEC responsible for Finance, must provide the Authority with written guidance on multi-annual funding arrangements and the Authority must have regard to such guidance in preparing an Integrated Implementation Plan.

GTA Act: Integrated Implementation Plan (continue)(Chapter 3; Section 8 (3) to (4))

(5) The Authority must, in the course of preparing an Integrated Implementation Plan,consult, invite and consider the views of―(a) the MEC; (b) relevant municipalities;(c) Gautrain Management Agency;(d) PRASA;(e) ACSA;(f) SANRAL;(g) SALGA;(h) public transport operators;(i) transport users; and(j) other interested parties in the Province.

GTA Act: Integrated Implementation Plan (continue)(Chapter 3; Section 8 (5) (a) to (j))

(6)The Authority must submit a draft of its Integrated Implementation Plan to the MEC for his or her approval.(7) The MEC may, in relation to a draft Integrated Implementation Plansubmitted to him or her―(a) approve the draft;(b) approve it with modifications;(c) instruct that it be resubmitted to him or her in a modified form for approval; or(d) refuse to approve it.


(8) The MEC must as soon as practicable after he or she has approved an Integrated Implementation Plan, with or without modifications, under subsection (7), cause a copy of it to be tabled in the Provincial Legislature.(9) As soon as practicable after the MEC has notified the Authority that he or she has approved an Integrated Implementation Plan, the Authority must publish an executive summary of it in the Provincial Gazette and take all reasonable practical steps to implement it.



Governance of the AuthorityPart I: Board of Authority9. Board of Authority10. Composition of Board11. Appointment of Members of Board12. Disqualifications for Appointment as Members13. Tenure of Office of Members14. Termination of Membership of Board15. Filling of Vacancies16. Duties and Responsibilities of Board

Part I: Board of Authority (continue)17. Chairperson of Board18. Duties and Responsibilities of Chairperson19. Meetings and Procedures of Board20. Committees of Board21. Engagement of Consultants and Advisors22. Disclosure of Interest by Members of Board23. Prohibition on Unauthorised Disclosure of Confidential Information24. Prohibition on certain Communications25. Board Charter

(1)The Authority is governed and controlled by a Board contemplated in Section 11, in accordance with this Act.(2) The Authority acts through the Board and all acts of the Board are regarded as the acts of the Authority.(3) The Board must―

(a) Function without any political or commercial interference;(b) Be impartial in the performance of its functions; and(c) Ensure that in taking decisions, it complies with all legal requirements for just administrative action.

GTA Act: Board of Authority(Chapter 4; Section 9 (1) to (3))

10. (1) The Board consists of a chairperson and no more than twelve other members who must perform the functions and exercise the powers of the Authority in accordance with this Act.(2) The Board is constituted as follows, having regard to the demographics of the Republic:

(a) the chief executive officer of the Authority as an ex officio member;(b) three members nominated by the metropolitan municipalities in the Province;(c) two members nominated by the district municipalities in the Province;(d) one member from the Department nominated by the MEC; and(e) six ordinary members appointed by virtue of their collective expertise in any combination of financial and risk management, transport planning, transport engineering, economic development and environmental matters, legal and compliance, or human resources.

(3) The chairperson and the members of the Authority are appointed by the Executive Council, after recommendations made by the MEC, and after consultation with the relevant Municipalities.

(4) The chief executive officer does not have any voting rights

GTA Act: Composition of Board (Chapter 4; Section 10 (1) to (4))

(1) Before appointing a member of the Board contemplated in section 10(2), theMEC must―:

(a) invite the metropolitan municipalities to each provide the MEC with a number of nominees as specified by the MEC, as contemplated in section 10(2)(b);

(b) invite the district municipalities to each provide the MEC with a number of nominees as specified by the MEC, as contemplated in section 10(2(c);

(c) invite, through the media and by notice in the Provincial Gazette, nominations from the public of suitable candidates eligible for appointment as members of the Board for consideration and appointment by the Executive Council;

(d) (i) in consultation with relevant Municipalities, compile a short list of names of suitable candidates eligible for appointment, including their particulars reflecting their qualifications, knowledge and experience as well as the demographics of the Republic;

(ii) submit and recommend to the Executive Council suitable persons from the short list for appointment.

GTA Act: Appointment of Members (Chapter 4; Section 14 (a) to (d))

- NB: The MEC must issue appointment letters to the Board as contemplated in section 10 (2)

The GTA Board Must:

Take Steps:

To achieve the objectives of the Authority contemplated in section 4 & to ensure the proper performance of the functions and the proper exercise of the powers of the Authority; and

Oversee:

And exercise general control over the activities of the persons appointed by it to perform the functions and to exercise the powers of the Authority

GTA Act: Duties & Responsibilities of Board (Chapter 4; Section 16 (a) to (b))

The GTA Board May, by notice in the Provincial Gazette make Guidelines & rules, subject to this Act, regarding:

The good management of the affairs of the Authority and the effective execution of its functions

Any matter necessary or

expedient for the proper performance of the functions and the exercise of the

powers of the Authority.

GTA Act: Duties & Responsibilities of Board (Chapter 4; Section 16 (c))

18. The chairperson―:

(a) may, subject to ratification by the Board, exercise any power of the Board or fulfil any of its functions;

(b) must prepare the agenda of meetings of the Board;

(c) must sign the minutes of meetings of the Board;

(d) must provide strategic direction to members and the Board;

(e) may attend meetings of the senior management of the staff of the Authority; and

(f) must establish and maintain liaison with the MEC and the Head of the Department.

GTA Act: Duties & Responsibilities of Chairperson(Chapter 4; Section 18 (a) to (f))

The GTA Board Must, not later than 60 days after its Appointment formulate a Charter:

Outline:

- Roles & responsibilities of the Board, Committee’s & members.-Purpose & vision of Board in terms of the Act.

Confirm the Board responsibility to:

- To adopt strategic objectives and plans as defined in the Strategic Plan;- Monitor operational performance & management;- Develop policy on risk management & internal Controls; &- Determine responsibility for marketing & communication strategy.

Contain a:

- Code of conduct for: * Board members; &* Staff members.

Identify:

- Functions to be delegated to the CEO, management and staff of the authority.

Provide:

- A Framework for Appointing Senior Staff members.

Deal with:

-any other matters that may be prescribed.

GTA Act: Board Charter (Chapter 4; Section 25 (1) to (5))

- The Charter must be submitted to MEC for comments before finalisation;- The Board must, prior to submitting to the MEC, first submit it to the relevant Municipalities for their consideration & comments;- The Board must, when submitting the Charter to the MEC, provide the MEC with the comments of the Municipalities and the Board’s assessment & views regarding the Municipalities comments; and- Summarise in annual report & review it on a regular basis.


Governance of the Authority (continue)

Part II: Supervision of Authority26. Policy Directions27. Guidelines28. Accountability of Board29. Performance Management30. Remuneration

27. (1) The MEC may issue guidelines in writing to the Authority regardingthe performance of any of its functions and the exercise of any of its powers under this Act.

(2) The Authority must have regard to such guidelines in the performance of itsfunctions and the exercise of its powers.

GTA Act: Guidelines (Chapter 4; Section 27 (1) to (2))

28. (1) The Board is accountable to the MEC for the performance of any of its functions and the exercise of any of its powers under this Act.(2) The Board must, on receipt of a request from the MEC, provide him or her with―(a) advice, including advice in relation to transport outside the functional area of the Authority; or(b) any other information as the MEC may require in connection with any other matter relating to the Authority.

GTA Act: Board Accountability (Chapter 4; Section 28 (1) to (2))

30 The Chairperson and other members of the Board contemplated in section 10(2) must be paid such remuneration, allowances or such benefits as the Executive Council may determine, based on the recommendations of the MEC with the concurrence of the MEC for Finance in the Province.

GTA Act: Remuneration of the Board(Chapter 4; Section 30)


Management and Staff of AuthorityPart I: Chief Executive Officer31. Appointment of the Chief Executive Officer32. Employment Contract & Performance Agreement of CEO33. Disqualification from holding office of Chief Executive Officer and Termination of Office34. Duties and Responsibilities of Chief Executive Officer35. Chief Executive Officer’s Disclosure of Interests and Conflict of Interests

The CEO is responsible for the implementation of decisions of the Board and the day-to-day running of the Authority and must:

Annually Prepare:

- Draft Business Plan, for ensuing year & Submit to Board for approval;

Submit:

- Within 3 Months of appointment, a Draft organisational structure, inclusive of KPI’s foe each, division or section, to the Board for approval;

Recommend:

- to Board for approval a scheme containing the proposed remuneration of the authority’s personnel, after seeking concurrence of the Provincial Treasury and their t&c of service, based on the approved Business Plan;

Recruit:

- And appoint the personnel needed in accordance with the terms of the scheme submitted and approved by the Board; &

Attend:

- Meetings of the Board & keep the Board informed on a regular basis of the Authority’s performance.

GTA Act: Duties & Responsibilities of the CEO (Chapter 5; Section 34 (1) to (3))

-In designing the Organisational Structure, the CEO must, subject to the approval of the MEC, ensure that the Authority is structured in Departments, divisions or Sections to comprehensively cover all functions; &- The organisational structure must ensure that the Authority employs staff who have acquired experience in areas such as transport planning, engineering, transport safety and environmental regulation, information technology, tariff & competition regulations, law & finance.


Management and Staff of AuthorityPart II: Secretary to Board36. Appointment and Responsibilities of Secretary of BoardPart III: Other Personnel37. Staff of Authority

The CEO must, in accordance with the approved organisational structure of the Authority:

Appoint:

- Such number of persons with appropriate expertise to assist the Authority in the execution of its functions.

Second:

- Arrange with the National & Provincial government or any other body for the services of:* Employees of Nat. or Prov. Government or other bodies to be seconded to the Authority; * Employees of the Authority to be seconded to Nat. or Prov. Government; &- Seconded persons, perform their duties subject to the control & direction of the CEO.

Determine:

- CEO, in consultation with the Board & after seeking the concurrence of Prov. Treasury, must determine the remuneration, allowances, benefits & other t&c of appointment of staff in accordance with a scheme contemplated in section 34(1)(c ).

Contract:

- The Authority may contract the services of persons, other than employees, to perform any specific act or function.

GTA Act: Staff of Authority (Chapter 5; Section 37 (1) to (5))


Finance & Accountability38. Assets of the Authority39. Transfer of Provincial assets and liabilities to Authority40. Bank Accounts41. Financial Year42. Strategic Plan

38. (1) The Authority is funded primarily by money appropriated from the Provincial Revenue Fund.(2) The MEC responsible for finance in the Province may, out of money appropriated by the Provincial Legislature, grant money to the Authority on terms and conditions which that MEC may determine in writing.(3) The assets of the Authority include―

(a) assets transferred to it by or under this Act;

(b) the money appropriated by the Provincial Legislature for the purpose of funding the Authority;

(c) amounts payable to it under any law or instrument thereunder;

(d) reserves resulting from the operations of the Authority;

(e) assets acquired or proceeds realised by it in the course of its operations;

GTA Act: Assets of the Authority(Chapter 6; Section 38 (a) to (e))

38. (1) The Authority is funded primarily by money appropriated from the Provincial Revenue Fund.(2) The MEC responsible for finance in the Province may, out of money appropriated by the Provincial Legislature, grant money to the Authority on terms and conditions which that MEC may determine in writing.(3) The assets of the Authority include―

(f) money received by grant or donation from local or foreign aid agencies;

(g) interests on investments; and

(h) money from any source approved by the MEC.

GTA Act: Assets of the Authority (continue)(Chapter 6; Section 38 (3) (f) to (h))

Each year the Authority must submit to the MEC a Strategic Plan for its Administration (MTEF format), covering the following financial year & two financial

years thereafter & must include:

Objectives & Outcomes of the Authority in terms of GTA Act & the Strategic Plan;

Policies, Strategies & Measures to be used to achieve objectives & desired outcomes of Authority;

Targets, performance measures & indicators for monitoring & evaluating Authority’s performance in delivering the desired outcomes & objectives;

Financial plan, that describes the financial objectives & targets of the Authority; &

Overall financial strategies for the Authority, forecast its revenue & expenditure, including capital expenditure.

GTA Act: Strategic Plan(Chapter 6; Section 42 (2) (a) to (e))

- NB: See Important notes

Each year the Authority must submit to the MEC a Strategic Plan for its Administration (MTEF format), covering the following financial year & two financial years thereafter & must include:

Financial performance indicators & a financial monitoring, evaluation & audit strategy;

Risk management plan and a fraud prevention plan;

Strategies for economic development & BBBEE; &

Human resources plan.

GTA Act: Strategic Plan (Continue)(Chapter 6; Section 42 (2) (f) to (i))


Important Notes:

Unless otherwise agreed with the MEC, the Strategic Plan must be submitted to the MEC six months before the start of each financial year.

The Board must, prior to submitting the Strategic Plan to the MEC, first submit it to the relevant Municipalities for their consideration & Comments.

The Board must consider any comments, proposals or suggestions made by the MEC, and must implement any changes or additions requested by the MEC.

The Strategic Plan for the Authority’s first financial year must be submitted to the MEC not later than 60 days after the date on which the Authority becomes operative.

GTA Act: Strategic Plan (Continue)(Chapter 6; Section 42 (3) to (6))


Finance & Accountability (continue)

43. Budget44. Monthly & Quarterly reports45. Annual Report46. Accounting and Financial statements47. Auditing

Authority must comply with PFMA & Treasury Regulations with regard to the monthly & quarterly reports, the quarterly report must:

Detailing Authority’s actual revenue & expenditure for that quarter;

Projection of expected revenue & expenditure for remainder of the financial year;

Reconciliation of actual revenue & expenditure with the projected finances of the Authority from the previous report;

If applicable, explain in detail any variances & the measures taken to ensure expenditure remains within budget; &

Outlining other relevant matters, including a report on performance of the Authority in achieving the objectives of the Act.

GTA Act: Monthly & Quarterly Reports(Chapter 6; Section 44 (1) to (4))

- The Board must submit the quarterly Report to the MEC within 30 days after the end of the quarter- The Board must, when submitting the quarterly report to the MEC, also share it with the relevant

Municipalities for their information

The Authority must, for each financial year, prepare an Annual Report that:

Articulate the vision & objectives of the Authority;

Reports on the business of the Authority & its performance against predetermined targets;

Summary report on financial activities, audited financial statements, external auditor’s report, report of Audit committee detailing internal controls & evaluating the financial statements; &

Describe the structure & nature of Board, details of Board members, meetings of the Board & Committees;

GTA Act: Annual Report(Chapter 6; Section 45 (a) to (d))


The Authority must, for each financial year, prepare an Annual Report that:

Includes an evaluation of the Board;

Describe Key achievements, harmonisation & integration of public transport contributions towards the objects of this Act; &

Indicates the manner & extent to which any other aspect of the Strategic Plan has been implemented.

GTA Act: Annual Report (continue)(Chapter 6; Section 2 (e) to (g))


Important Notes:

Within five months of the end of the financial year, the Authority must submit the Annual Report, as approved by the Board, to the MEC who must cause the report to be tabled in the Provincial Legislature.

The Board must, when submitting the Annual Report to the MEC, also share it with the relevant Municipalities for their information.

GTA: Annual Report (continue)(Chapter 6; Section 45 (2) to (3))

the Authority must :

Keep accounting & related records as are necessary & required to comply with the PFMA & Treasury regulations;

Draw up financial statements in respect of each financial year in a form compliant with the PFMA, Treasury regulations & requirements of the Board;

Accounting & related records to be audited annually by AG, financial statements submitted to Prov. Treasury & AG within 5 months of financial year end; &

Prov. Treasury may direct that the audited financial statements must be incorporated in the financial statements of the Department of Roads & Transport.

GTA Act: Accounting & Financial Statements(Chapter 6; Section 46 (1) to (4))


General Provisions48. Liquidation & Judicial Management49. Regulations50. Delegations

49. The MEC may make regulations―

(a) prescribing any matter or thing referred to in this Act as prescribed or to be prescribed;

(b) for any purpose in relation to which regulations are provided in this Act; or

(c) for any matter which the MEC deems necessary and expedient in order to achieve the objects of this Act.

GTA Act: Regulations (Chapter 7; Section 49 (a) to (c))

The Board may delegate the execution of any of its duties or responsibilities to the Chairperson, any Board Committee or the CEO, except the power to make rules or appoint committees or committee Members of the Board.The CEO may delegate the execution of any of his duties or responsibilities to:

(1) Any other person with appropriate knowledge & Experience who is under control of the CEO; or

(2) Any other person, after consultation with the Board.

Delegation under (1) & (2) must be in writing and may be subject to any conditions or restrictions determined by the Board or the CEO;

Does not prevent the exercise of that duty or responsibility by the Board or the CEO; &

May be withdrawn or amended by the Board or the CEO.

GTA Act: Delegations(Chapter 7; Section 50 (1) to (3))

Gauteng Transport Authority Act: Chapter 7

General Provisions (continue)

51. Code of Conduct52. Application for Exemption from Taxes53. Limitation of Liabilities54. Transitional provision

Transitional Provisions:

Any Provincial integrated ticketing system established or in design at the time of commencement of the Act, and any contract entered into or property in relation to such a system are transferred to the Authority.

The MEC must recommend to the Executive Council the appointment of an interim CEO until the first CEO of the Authority is appointed as contemplated in section 31 of this Act.

GTA Act: Transitional Provisions (Chapter 7; Section 54 (1) to (2))

Gauteng Transport Authority Act: Chapter 7

General Provisions (continue)

55. Short Title and Commencement

End

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