The core objectives of the department are based on the following constitutional and other legislative mandates, functional mandates and the service delivery improvement programme.
Constitutional and Legislative mandates
The authority and function of the Department of Transport, Safety & Liaison is entrenched in our Constitution and defined in national legislation.
Schedule 4 of the Constitution provides for Public Transport and Road Traffic Regulation to be amongst the functional areas of concurrent National and Provincial legislative competency, whilst Provincial Traffic is an area of exclusive provincial competence as provided in Schedule 5.
We also give effect to powers assigned to the Department by the following national legislation:
- National Land Transport Act No. 5 of 2009;
- National Road Traffic Act No. 93 of 1996;
- Administrative Adjudication of Road Traffic Offences Act No. 46 of 1998.
Chapter 11 of the Constitution of the Republic of South Africa, 1996 defines the role of Provincial Government in policing as follows:
- Section 206(2) provides that the National Policing Policy may make provision for different policies in respect of different Provinces after taking into account the policing needs and priorities of these provinces;
- Section 206(3) determines that each province is entitled to:
- Monitor police conduct;
- Oversee the effectiveness and efficiency of the police service including receiving reports on the police service;
- Promote good relations between the police and the community;
- Assess the effectiveness of visible policing; and
- Liaise with the Cabinet member responsible for policing with respect to crime and policing in the Province.
- Section 206(4) further states that a provincial executive is responsible for policing functions vested in it by this chapter, assigned to it in terms of National Legislation and allocated to it in the National Policing Policy.
The Department did not draft or introduce any new or amended legislation to the Executive Council or Legislature during the reporting period.