ECONOMIC REGULATION OF TRANSPORT ACT: AMENDMENT BILL TABLED

Please note: Passed by the National Assembly on 22 May 2025, the Bill is now before the NCOP’s Public Sector Committee (which also deals with matters falling under the Minister in the Presidency). On 4 December 2025, a notice calling for written submissions was posted on Pariament’s website. Apparently, this followed a committee briefing on 28 October 2025. Unfortunately, by the time the notice was published the deadline for input on the Bill had already expired (three days earlier). This blatant violation of parliamentary procedures notwithstanding, the Bill corrects a technical error in a schedule to the 2024 Act, which has yet to be operationalised. In that context, perhaps the parliamentary call for submissions was simply a box-ticking formality? There is no record of an earlier one from the National Assembly’s Transport Committee.

The National Assembly’s Transport Committee has tabled an Economic Regulation of Transport Amendment Bill in Parliament, with the aim of correcting date-specific errors in the Act’s schedule. This is noting that:

  • the Act:
    • joined the statute books in June 2024, and
    • is not yet in force, and that
  • the Bill concerned was:
    • tabled in 2020, and
    • passed by Parliament in February 2024.

Once operationalised, the Act will establish two parallel independent but integrated regulatory agencies dealing with road, rail, port and aviation services:

  • a Transport Economic Regulator responsible for:
    • stakeholder education
    • research
    • price control approval
    • access request approval
    • investigating complaints, and
    • enforcement, and
  • a Transport Economic Council as an adjudicative entity.

According to a memorandum on the 2020 Bill’s objects, this is expected to facilitate ‘effective and efficient’ service delivery across a more ‘productive’ transport sector, thus promoting ‘economic growth and welfare’. With that in mind, the Act’s operationalisation could well be fundamental to addressing ongoing port and rail inefficiencies.

Published by SA Legal Academy Policy Watch

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