Road Traffic Management Corporation Act [No. 20 ... - Gauteng Online

50 so 19970 GOVERNMENT G,4ZE~E. 28 APRIL 1999Act No. 20.1999 ROAD TR.4~C MANAGEMENT CORPOR,4TION ACT. 1999(d) provide that any penalties or fines collected by the service provider, inaccordance with the Administrative Adjudication of Road Traffic OffencesAct, 1998 (Act No. 46 of 1998), are paid to the Corporation; and(e) provide that the service provider that provides road traffic law enforcement inan area where a municipal police service established in terms of section 64A 5of the South African Police Service Act, 1995 (Act No. 68 of 1995), also hasjurisdiction, must participate in any appropriate policing co-ordinatingcommittee established for that area in terms of section 64K of the SouthAfrican Police Service Act, 1995.(4) The provision of road traffic law enforcement must be contracted out even before 10the national road traffic law enforcement code is finalised, and the contracts concludedbefore the finalisation must be renegotiated on the entry into force of the code.(5) The chief executive officer must reassess contracts for the provision of any roadtrafic service, including road traffic law enforcement, concluded with any provincialauthority or local government body every two years. 15(6) For the purpose of this section, the chief executive officer must develop standardcontracts in accordance with prescribed guidelines.(7) Despite a provision of any other law, any monies paid by the Corporation to theSAPS in accordance with a contract contemplated in subsection (3), shall be deemed tobe monies appropriated by Parliament for the SAPS for the financial year in which the 20monies are paid to the SAPS.C~PTER 7COMPLMNCE AND MONITORINGCompliance, monitoring and regulatory approach39. (1) The Shareholders Committee is responsible for ensuring that compliance and 25monitoring are undert&en in terms of this Act, and must be assisted for that purposeb y —(a) the chief executive officen and(b) the managers of functional units.(2) For the purpose of subsection (l), the Shareholders Committee may conduct an 30independent investigation, survey or audit, and must—(a) request the chief executive officer to report on compliance with the business andfinancial plan at intervals determined in the business and financial plan; and(b) respond to a complaint received from any person.(3) Any complaint regarding the chief executive officer must be submitted to the 35Shareholders Committee or the Minister for investigation.Monitoring duties and powers of chief executive 05cer40. (1) The monitoring duties of the chief executive officer are t~(a) receive a complaint from any person regarding non-compliance as contemplatedin section41 and direct such complaint to the manager of the functional 40unit concerned for further action;(b) monitor, and report to the Shareholders Committee on, compliance by theCorporation with public service obligations, which include—(i) levels of public safety as described in the business and financial plan orthe govemmce agreement, whichever is applicable; 45(ii) quality and levels of service as described in that plan or that agreement,whichever is applicable; and(iii) pficing of services as described in that plan or that agreement, whicheveris applicable; and(c) monitor and report to the Shareholders Committee on— 50(i) the level of, and potential for further, private sector involvement in roadtraffic service provision;