SLTA CHALLENGES APPOINTMENT OF RTB

MBABANE – The Swaziland Local Transport Association (SLTA) wants the court to set aside the appointment of the Road Transportation Board and the Road Transport Council.

The association’s contention is that the two Boards were unlawfully established as the appointments were allegedly made when the Minister of Public Works and Transport was no longer in office. It also alleged that the laid down procedures were not followed when members of the two Boards were appointed. According to the association, the Boards were appointed contrary to the provisions of the Road Transport Act of 2007, including the establishment of the Road Transport Regulations of 2009. Through its attorney Ayanda Hlophe, the association yesterday moved an urgent application at the High Court.

The applicant (SLTA) is seeking an order setting aside the appointment of the two Boards under Legal Notices No.160 of 2018 and 170 of 2018, respectively, pending appointment of the minister of Public Works and Transport. SLTA National Chairman Mandla Dlamini, when giving a background of the matter, stated that on or about the end of May 2018, the erstwhile Road Transport Council’s term came to an end. “On or about August 7, 2018, the term of office of the erstwhile Road Transportation Board as well as the Road Transportation Appeal Board also came to an end,” alleged Dlamini.

He alleged that the term of office of the council was extended until sometime in August 2018. Dlamini said on review of the Ministry of Public Works and Transport not willing to extend the period for the Boards, council members started mobilising some members to join the defunct council and not to follow the procedure. “May I further add that, within a two weeks period thereafter, gazettes dated August 31, 2018 were issued and no transport associations were engaged as per the law,” alleged the national chairman of the association.

Composition

He told the court that the composition and/or appointment of the  two Boards was unlawful as the procedure set down for the appointment was allegedly not adhered to. Dlamini averred that no appointments were made by the National Transport Body as envisaged under Section 4(2) (b) of the Act. “The normal procedure for the appointment has always been that meetings are held at the different regions where each association would nominate its representative,” alleged Dlamini. 

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