Transport and Public Works

11[1][a]          The members of the Provincial Regulatory Entity [“PRE”] must meet often enough to enable them to process applications within no more than 60 days of receipt of the applications.

11[1][b]          The relevant statute guiding the processing and disposal of operating licence applications is Regulation 8[1] of the National Land Transport Regulations [2009].

11[2]               The Western Cape Provincial Regulatory manages to keep its average turn-around times consistently below the legislated benchmark.  Even during the national state of disaster and the hard lockdown period, these standards were maintained.  Whereas there were other Provincial Regulatory Entities that were closed for business during the hard lockdown period, the Western Cape PRE continued to accept applications for operating licences.  In response to the national state of disaster, the Western Cape PRE’s Public Transport Regulation System [PTRS] was enhanced to allow for electronic applications and the remote processing and adjudication thereof.

There are, cases where the legislated standards are not complied with, due to circumstances beyond the immediate control of the PRE.  These are mostly cases where:

1. the Association was suspended after the lodging of applications,
2.  there is taxi violence in a particular area or on a particular route or
3. where the municipality has asked the PRE to reserve applications for further investigation or
4. the municipality has requested the PRE to condone the late submission of directions as allowed for in section 55[4] of the NLTA.  [Note: the PRE is bound by the directions of the municipalities] 

It is important to understand that transport planning is an exclusive local government matter as enshrined in Schedule 4 and 5 of the South African Constitution.  Consultation with municipalities is therefore vitally important to ensure the effective planning, regulation, management and enforcement of the public transport system.  The municipality must guide the PRE to ensure an equitable balance between public transport supply and utilisation. 

The City of Cape Town in consultation with the taxi industry has embarked on a Special Regulatory Process [SRP] to balance supply and demand on certain taxi routes.  As part of this project, the City of Cape Town in partnership with the PRE also conducted a comprehensive public participation process in respect of new taxi routes.  Whilst this process took a bit longer than initially anticipated, it has resulted in some 1430 new operating licences being granted by the PRE.  More operating licences will be issued once the process to register new routes have been completed.  With the exception of these special regulatory processes, the PRE consistently disposes of applications within the legislated 60-day period.

To give an indication of the overall performance of the PRE, weI have included a table showing the average turn-around times for the past five calendar years.  It should be noted that this is the average turn-around [processing] time.  Some applications are disposed of in a shorter time-period whilst other applications may have taken a longer period to be processed.   Please note that these are the total number of applications for all modes of public transport i.e. minibus-taxi type services, charter, staff, scholar, metered taxi, etc. The table also shows the number of applications for permanent operating licences that were disposed of within the legislated sixty-day period. These applications are for all modes of public transport.

 

COMPARATIVE ANALYSIS PER CALENDAR YEAR Total applications received by the PRE for ALL public transport modes
Year	No. of applications received	Average processing time [days]	Disposed of within 60 days	% disposed of within 60 days
2022	1540	41,8	1475	96%
2021	8267	50,5	6168	75%
2020	5487	67,9	3532	64%
2019	7843	52,5	5954	76%
2018	8914	48,0	7252	81%

 

11[3][a]          [aa] Our records show that a total of 4495 new minibus-taxi operating licences were granted during the period of the fourth administration.  For the corresponding period, a total of 2707 renewal applications were approved by the PRE. 

                       [bb] During the period of the 5^th administration, a total of 5257 new minibus-taxi operating licences were approved by the PRE.  For the same period, a total of 3057 operating licences were successfully renewed.

                        [cc] A total of 7023 new minibus-taxi type operating licences were approved by the PRE during the period of the 6^th administration.  This includes operating licences forming part of the City of Cape Town’s Special Regulatory Process.  A total of 7689 renewal applications were approved during this time.

 

                        This information is summarised in the table below. In considering this information, due consideration should be given to the following:

• This is the total number of approved applications.  Once an application is approved, the applicant is given 60-days to submit certain documents [i.e. tax clearance certificate, certificate of roadworthiness, etc.] in order to uplift the operating licence.  He or she may also apply for a once-off extension of 30 days.  Failure to submit the requisite documents within the stipulated timeframe will result in the approval’s lapsing.
• The total number of new applications approved includes “late renewals”.  Many operators do not apply timeously for the renewal of definite period operating licences.  This is a big challenge in the country given the history of indefinite operating licences.  There is no provision in law for “late renewals” and the operator has to submit a new application in lieu of the lapsed operating licence.  These applications are generally considered favourably given that the operator already forms part of the existing capacity.  A case in point are the figures listed for the 6^th administration.  Of the 2329 new applications that were approved by the PRE, 734 [32%] were new applications made in lieu of lapsed operating licences [the so-called late renewals];
• Initially, operating licences in the Western Cape were only issued for a validity period of two years.  This effectively meant that those licences had to be renewed every second year.  This inflated the number of renewal applications.  The validity period was later changed to 5 years and operating licences are currently issued for a 7-year period.

 

APPLICATIONS FOR MINIBUS-TAXI TYPE OPERATING LICENCES
Administration	New applications		Renewals		Total granted	Total refused
	Granted	Refused	Granted	Refused
4th Administration	4495	2695	2707	31	7202	2726
5th Administration	5257	276	3057	15	8314	291
6th Administration	2329	205	2480	3	4809	208
Totals	12081	3176	8244	49	20325	3225

           

 

11[3][b][i]        To get an indication of the details of areas and routes that were approved, every single application will have to be analysed.  This is simply not achievable given that it will take a considerable amount of time and resources to complete.  I can confirm that a total of 9928 applications for minibus-taxi type operating licences were received during the period of the 4^th administration.  Of this, 73% of applications were granted.  A total of 8605 applications were received during the period of the 5^th administration, of which 97% were granted.  During the period of the 6^th administration, 5017 applications were received by the PRE. Our records show that 96% of these applications were granted.  Please note that these are applications for minibus-taxi type services.

11[3][b][ii]      As mentioned, transport planning is an exclusive local government matter as enshrined in Schedule 4 and 5 of the South African Constitution.  Every municipality is required to produce an Integrated Transport Plan [“ITP”] for its area that sets out the policies of the municipality in respect of public transport and shows the routes on which contracted and non-contracted services may operate.  In terms of section 38[2] of the NLTA, all persons including the State and parastatal institutions are bound by the provisions of Integrated Transport Plans.

The PRE is legally bound in terms of section 55[1] of the NLTA to refer applications for operating licences to all planning authorities in whose areas the services will be operated with the request to give directions with regards to the applications based on its ITP.  Where the public transport requirements for a particular route or routes are adequately served by an existing public transport service of similar nature, standard or quality provided for in an ITP or commercial service contract or subsidised service contract, the planning authority must direct the PRE to refuse the application [see section 55[3] of the NLTA].  The PRE, in disposing of an application, must act in accordance with the relevant ITP and the directions of the planning authority and must not grant an operating licence contrary to the directions of the planning authority and the ITP for the area.  We can confirm that applications that were not approved by the PRE, were either not supported by the relevant planning authority/planning authorities or did not meet the requirements listed in section 57 of the NLTA.

11[4]   At the time of drafting this response, there were a total of 12149 valid operating licences authorising minibus-taxi type services registered for the Western Cape province.  A total of 8341 [68.66%] operating licences have starting points in the City of Cape Town area.  The table below shows the breakdown per municipal area.

 

Area	Total	% of total
Beaufort West Local Municipality	29	0,24%
Bergrivier Local Municipality	50	0,41%
Bitou Local Municipality	179	1,47%
Breede Valley Local Municipality	383	3,15%
Cape Agulhas Local Municipality	37	0,30%
Cederberg Local Municipality	57	0,47%
City of Cape Town Metropolitan Municipality	8341	68,66%
Drakenstein Local Municipality	362	2,98%
George Local Municipality	255	2,10%
Hessequa Local Municipality	49	0,40%
Kannaland Local Municipality	43	0,35%
Knysna Local Municipality	371	3,05%
Langeberg Local Municipality	108	0,89%
Matzikama Local Municipality	112	0,92%
Mossel Bay Local Municipality	471	3,88%
Oudtshoorn Local Municipality	169	1,39%
Overstrand Local Municipality	126	1,04%
Prince Albert Local Municipality	18	0,15%
Saldanha Bay Local Municipality	262	2,16%
Stellenbosch Local Municipality	191	1,57%
Swartland Local Municipality	140	1,15%
Swellendam Local Municipality	44	0,36%
Theewaterskloof Local Municipality	208	1,71%
Witzenberg Local Municipality	144	1,19%
Total	12149	100%

Please note that mini-buses are also used to provide other public transport services, including charter-, scholar-, staff- and unscheduled long distance services.  Given this, a lot more mini-buses will be observed in the Western Cape province. 

The table below shows the number of unique operating licences for other passenger categories.  While it is not a requirement for the owners of these modes to be members of minibus taxi associations, many of them are.

 

Passenger category	Unique operating licences
Charter	11718
Staff	3737
Scholar	4044
Long distance [unscheduled]	6767
Other	7881

 11[5]   Annexure A shows the number of operating licences per Association. 

Please note that the combined total [aggregate] of operating licences for all associations is more than the total number of unique operating licences for the Western Cape.  The reason for this is because certain routes are served by more than one association [as a result of historic regulatory processes].  Some operators also have dual membership, Certain operating licences will therefore show under more than one association. 

However, there are only 12149 unique operating licence registered in the province that confers authority to provide minibus-taxi type services.

11[6]   As mentioned, municipal planning remains an exclusive local government matter.  Section 14 of the NLTA under the heading “Planning Authorities” outlines the responsibilities of planning authorities in respect of public transport planning and regulation.  It stipulates that a planning authority must prepare an ITP as contemplated in section 36 of the Act.  Furthermore, the PA must perform the Constitutional transport functions listed in Parts B of Schedule 4 and 5 of the Constitution [Municipal Planning].

Section 31 of the NLTA deals with general principles for transport planning and its integration with land use and development planning.  In terms of this section, land transport planning must be integrated with the land development and land-use planning processes, and the ITP required by the NLTA is designed to give structure to the function of municipal planning mentioned in part B of Schedule 4 of the Constitution, and must be accommodated in and form an essential part of Integrated Development Plans [the principal policy document of a municipality].

The PRE is duty-bound to follow the directions of the municipality and in terms of the NLTA must not grant an operating licence contrary to such directions and the ITP for the area.  The role of the planning authority is to guide the PRE to achieve an equitable balance between public transport supply and demand and to identify the appropriate operating environment for each mode.  As part of the approval process, the PRE takes into consideration the directions provided by the municipality.  The PRE must refuse the application if granting it would be contrary to the directions of the relevant planning authority based on its integrated transport plan.

The PRE also uses the following assessment criteria as outlined in section 57 of the NLTA:

• Whether the vehicle or type of vehicle by means of which the service is to be operated, is suitable for that purpose;
• The availability of ranks, terminals and other facilities;
• The existence of any relevant by-law, regulation, prohibition, limitation or restriction;
• Whether the applicant has any previous conviction for an offence relevant to the operation of a public transport service, or of the prescribed type;
• The ability of the applicant to operate the service for which the operating licence is sought in a manner satisfactory to the public;

Recommendations or documents duly submitted with the application by the applicant or any other interested party.

Annexure A – Operating licences per Association

 

Association	Total
ASHTON TAXI ASSOCIATION	36
ATHLONE AND DISTRICTS TAXI ASSOCIATION	36
ATLANTIS / BLAAUWBERG TAXI ASSOCIATION	11
BEACON VALLEY TAXI ASSOCIATION	73
BEAUFORT WEST TAXI ASSOCIATION	31
BELHAR TAXI ASSOCIATION	41
BELLVILLE OWNERS TAXI ASSOCIATION	154
BLACKHEATH / MALIBU TAXI ASSOCIATION	14
BLOEKOMBOS / WALLACEDENE TAXI ASSOCIATION	307
BONNIEVALE / SWELLENDAM TAXI ASSOCIATION	60
BONTEHEUWEL TAXI ASSOCIATION	114
BREDASDORP TAXI ASSOCIATION	29
BUSY CORNER / MITCHELL'S PLAIN / HANOVER PARK TAXI ASSOCIATION	48
BUSY CORNER / RETREAT STEENBERG TAXI ASSOCIATION	38
CALTA TRANSPORT SERVICES TAXI ASSOCIATION	36
CAPE COAST TRANSPORT TAXI ASSOCIATION	12
CATA BELLVILLE (BELLTA) TAXI ASSOCIATION	574
CATA BOLAND TAXI ASSOCIATION	26
CATA DELFT / NYANGA TAXI ASSOCIATION	33
CATA ELSIES RIVER TAXI ASSOCIATION	82
CATA EYONA TAXI ASSOCIATION	204
CATA KIKI MURRAY (SEDAN) TAXI ASSOCIATION	19
CATA LANGA / CAPE TOWN / SEA POINT TAXI ASSOCIATION	49
CATA LANGA / MOWBRAY TAXI ASSOCIATION	71
CATA LANGA INTERTOWNSHIP TAXI ASSOCIATION	92
CATA LWANDLE TAXI ASSOCIATION	187
CATA NYANGA / KHAYELITSHA TAXI ASSOCIATION	42
CATA NYANGA / MITCHELL'S PLAIN TAXI ASSOCIATION	87
CATA SAXONWORLD TAXI ASSOCIATION	27
CATA SEAWATER TAXI ASSOCIATION	293
CATA WYNBERG / CLAREMONT TAXI ASSOCIATION	364
CATA WYNBERG / CONSTANTIA TAXI ASSOCIATION	82
Cecil’s Transport Services (Pty) Ltd	7
CENTRAL UNITY TAXI ASSOCIATION	6
CERES DISTRICT TAXI ASSOCIATION	83
CLANWILLIAM TAXI ASSOCIATION	57
CLAREMONT TAXI ASSOCIATION	35
CODETA DELFT / EPPING / BONTEHEUWEL TAXI ASSOCIATION	50
CODETA KHAYELITSHA / BELLVILLE TAXI ASSOCIATION	193
CODETA KHAYELITSHA / CAPE TOWN TAXI ASSOCIATION	140
CODETA KHAYELITSHA / CLAREMONT / WYNBERG TAXI ASSOCIATION	287
CODETA KHAYELITSHA / ELSIES RIVER TAXI ASSOCIATION	111
CODETA KHAYELITSHA / KILLARNEY TAXI ASSOCIATION	113
CODETA KHAYELITSHA / LANGA TAXI ASSOCIATION	96
CODETA KHAYELITSHA / MITCHELL'S PLAIN TAXI ASSOCIATION	107
CODETA KHAYELITSHA / NYANGA TAXI ASSOCIATION	82
CODETA KHAYELITSHA / SOMERSET WEST TAXI ASSOCIATION	111
CODETA KHAYELITSHA SITE B TAXI ASSOCIATION	42
CODETA KHAYELITSHA STATION TAXI ASSOCIATION	107
CODETA MFULENI / BELLVILLE TAXI ASSOCIATION	81
CODETA MFULENI / CAPE TOWN TAXI ASSOCIATION	123
CODETA MFULENI / ELSIES RIVER / PAROW TAXI ASSOCIATION	59
CODETA MFULENI / HAPPY VALLEY TAXI ASSOCIATION	39
CODETA MFULENI / KILLARNEY TAXI ASSOCIATION	32
CODETA MFULENI / LAKHANYA TAXI ASSOCIATION	36
CODETA MFULENI / WYNBERG / CLAREMONT TAXI ASSOCIATION	62
CODETA MOWBRAY / KHAYELITSHA TAXI ASSOCIATION	103
CODETA VUYANI / MFULENI TAXI ASSOCIATION	59
CODETA WITZENBERG TAXI ASSOCIATION	55
DE DOORNS TAXI ASSOCIATION	97
DELFT / BELHAR / PAROW TAXI ASSOCIATION	112
DELFT / BELLVILLE TAXI ASSOCIATION	137
DELFT / CAPE TOWN TAXI ASSOCIATION	63
DELFT / ELSIES RIVER TAXI ASSOCIATION	47
DELFT TAXI ASSOCIATION	60
DUNOON TAXI ASSOCIATION	38
DURBANVILLE TAXI ASSOCIATION	72
EERSTE RIVIER TAXI ASSOCIATION	55
ELSIES RIVER AND ENVIRONS TAXI ASSOCIATION	138
FISH HOEK / OCEAN VIEW TAXI ASSOCIATION	33
FRANSCHHOEK TAXI VERENIGING	82
GARDEN ROUTE TAXI ASSOCIATION	47
GEORGE HUURMOTOR VERENIGING	21
GEORGE TAXI OWNERS FRONT	14
GRABOUW TAXI ASSOCIATION	135
GROOT BRAKRIVIER HUURMOTOR VEREENIGING (COASTLINE)	16
HANOVER PARK TAXI ASSOCIATION	41
HAZELDENE SHUTTLE SERVICE TAXI ASSOCIATION	83
HEIDEVELD / CATHKIN TAXI ASSOCIATION	64
HESSEQUA TAXI ASSOCIATION	28
HOUTBAY (SEDAN) TAXI ASSOCIATION	21
HUGUENOT TAXI ASSOCIATION	44
KENFACTA TAXI ASSOCIATION	84
KHAYAMANDI TAXI ASSOCIATION	56
KNYSNA TAXI ASSOCIATION	91
KUILSRIVER TAXI ASSOCIATION	86
LADISMITH ZOAR TAXI ASSOCIATION	43
LONDON VILLAGE / COLORADO TAXI ASSOCIATION	17
LOTUS RIVER TAXI ASSOCIATION	69
MAIN ROAD TAXI ROUTE (GREEN CABS) TAXI ASSOCIATION	93
MAITLAND AMALGAMATED TAXI ASSOCIATION	23
MALMESBURY TAXI ASSOCIATION	115
MANENBERG TAXI ASSOCIATION	120
MASIPHUMELELE TAXI ASSOCIATION	120
MELTON ROSE TAXI ASSOCIATION	57
MITCHELL'S PLAIN / CENTURY CITY TAXI ASSOCIATION	51
MONTAGU TAXI ASSOCIATION	19
MOOREESBURG & DISTRICT TAXI ASSOCIATION	33
MOSSEL BAY TAXI ASSOCIATION	232
MOWBRAY TAXI ASSOCIATION	37
N1 CITY / VASCO TAXI ASSOCIATION	12
NORTHWOOD TAXI ASSOCIATION	8
NORWICH OUDTSHOORN TAXI ASSOCIATION	21
NORWOOD TAXI ASSOCIATION	16
OCEAN VALLEY TAXI ASSOCIATION	11
OLIFANTSRIVIER TAXI VERENIGING	108
OVERBERG TAXI ASSOCIATION	23
OVERSTRAND TAXI ASSOCIATION	110
PAARL ALLIANCE TAXI ASSOCIATION	89
PAARL HUURMOTOR VERENIGING	64
PARK CITY TAXI OPERATORS ASSOCIATION	63
PARKWOOD / WYNBERG TAXI ASSOCIATION	30
PENINSULA TAXI ASSOCIATION	133
PIKETBERG TAXI ASSOCIATION	42
PLAIN-BELL TAXI ASSOCIATION	19
PLAIN-PARK TAXI ASSOCIATION	61
PLETTENBERG BAY TAXI ASSOCIATION	50
PROTEA TAXI ASSOCIATION	61
PROTEAVILLE TAXI ASSOCIATION	16
RAVENSMEAD TAXI ASSOCIATION	52
RETREAT TAXI ASSOCIATION	98
ROBERTSON TAXI ASSOCIATION	33
ROUTE 6 TAXI ASSOCIATION	86
ROUTE 7 TRANSPORT SERVICE TAXI ASSOCIATION	126
ROUTE JJDANIELS TAXI ASSOCIATION	2
RUSTHOF AMALGAMATED TAXI ASSOCIATION	91
SALDANHA TAXI ASSOCIATION	289
SEVENTH AVENUE & DISTRICT TAXI ASSOCIATION	78
SILVERSANDS TAXI ASSOCIATION	52
SIR LOWRYS PASS TAXI ASSOCIATION	20
SOMERSET WEST AND DISTRICT TAXI ASSOCIATION	103
STEENBERG TAXI ASSOCIATION	49
STELLENBOSCH TAXI ASSOCIATION	88
STRANDFONTEIN TAXI ASSOCIATION	24
SURRAN ROAD / CAPE TOWN TAXI ASSOCIATION	43
SWARTBERG TAXI ASSOCIATION	34
TOWN CENTRE JOHANNES MEINTJIES TAXI ASSOCIATION	33
TWELFTH AVENUE RETREAT STATION TAXI ASSOCIATION	15
TYGERBERG HOSPITAL TAXI ASSOCIATION	19
UITSIG TAXI ASSOCIATION	21
UNCEDO GEORGE TAXI ASSOCIATION	252
UNCEDO KNYSNA TAXI ASSOCIATION	206
UNCEDO MOSSEL BAY TAXI ASSOCIATION	267
UNCEDO OUDTSHOORN TAXI ASSOCIATION	40
UNCEDO PLETTENBERG BAY TAXI ASSOCIATION	127
UNITED MANDALAY TAXI ASSOCIATION	9
UNITED TAXI ASSOCIATION (KOEBERG / BLAAUW / MAITLAND)	17
UNITED TAXI ASSOCIATION PAARL	89
UNITY TAXI ASSOCIATION	20
VILLIERSDORP TAXI ASSOCIATION	61
VRYGROND TAXI ASSOCIATION	57
WELLINGTON TAXI UNION	58
WELLINGTON UNITED TAXI ASSOCIATION	55
WESBANK TAXI ASSOCIATION	52
WESTLAKE TAXI ASSOCIATION	20
WORCESTER UNITED TAXI ASSOCIATION	294
WYNBERG / GRASSY PARK TAXI ASSOCIATION	65
WYNBERG / HANOVER PARK TAXI ASSOCIATION	13
WYNBERG / HOUTBAY TAXI ASSOCIATION	108
WYNBERG CENTURY CITY TAXI ASSOCIATION	22
YSTERPLAAT TAXI ASSOCIATION	17