Transport and Public Works | wcpp (2024)

1. Whether a charter permit for a period of five years to transport groups of worshippers on a Sunday has recently been issued to the chairperson of the George Link public transport company; if so, what are the relevant details;

2. whether the permit allows him to transport other people on behalf of religious organisations; if so, what are the relevant details;

3. what is the status of the moratorium that stated that no new permits would be issued in the Southern Cape;

4. whether this is in conflict with the Go George situation; if not, why not; if so, what are the relevant details?

1. I can confirm that the Western Cape Provincial Regulatory Entity (“PRE”) issued a five year operating licence to one of the Directors (not the chairperson) of the George Link Company. Whereas the holder is required to submit letters from community organisations, companies, schools, etc. in support of the application, the authority issued by the PRE is not restricted to a particular group. The holder of a charter operating licence may transport any organised group within the zone / area specified in the licence. Furthermore, such a service may be provided on any given day and time.

The applicant is an existing charter operator and has been providing such services since 2006. Where a person applies for a charter operating licence for the first time, a validity period of two years is granted. This is seen as a probation period to determine if the holder is using the operating licence to provide other forms of public transport services in contravention of the objectives of the National Land Transport Act (Act no.5 of 2009)(“NLTA”) and the conditions of the licence. However, in the case of existing / compliant charter operators, a validity period of five years is granted.

2. Once a charter operating licence has been granted by the PRE, the holder may transport any organised groups within the specified zone. A charter service is a public transport service operated by road involving the hire of a vehicle and a driver for a journey at a charge arranged beforehand with the operator. Neither the operator nor the driver may charge the passengers individual fares and the passengers must be transported to a common destination.

3. The moratorium adopted by the George Municipality is only applicable to minibus-taxi type services and not to other forms of public transport services in George – not the Southern Cape. The NLTA makes provision for different types of public transport services i.e. minibus-taxi type services, scholar services, staff services, charter services, metered taxi services, etc. At a special Council meeting on 17 August 2018, it was resolved that a distinction be made between minibus-taxi type services and other forms of public transport services. The moratorium is therefore not applicable to operating licences to provide charter services.

4. The granting of this operating licence to provide charter services is not in conflict with the Go George bus service. As noted, the applicant has been providing charter services since 2006 and has not violated the terms and conditions of his existing licences. He is therefore deemed to be a bona fide charter operator. A charter service is a pre-booked service. The holder may only transport groups with a common interest and purpose. As an example, a church group going to a funeral in the Eastern Cape. This type of pre-booked service is not in conflict with the Go George bus service. Where the holder of an operating licence authorising charter services is guilty of violating the terms and conditions thereof, the PRE may institute remedial action in terms of section 79 of the NLTA to withdraw or suspend the operating licence.

Annexure A

Annexure B