DEC 13 THREAT: TRANSPORT OWNERS RISK LOSING PERMITS

MBABANE – Government is contemplating cancelling or suspending transport permits for all transport owners who will not be operating on December 13-14.

These are the two days that have been declared as no work days by transport operators, who said they would park their vehicles. Eswatini News has learnt from well placed sources that the ministry of public works and transport has been under pressure this time around to find a solution, on how to put an end to the ongoing threats, whereby public transport operators embark on holidays which are not in existence in the country’s calendar.

The ministry then looked into the fact that all documents issued by government in the form of licences, permits etc; all remain legitimately as property of the Government of Eswatini and it is stipulated that they can be withdrawn in case of improper use or if the conditions given on the said permit are not adhered to by the holder. General powers of the Board, according to Part III (section 7) of the Road Transportation Act of 2007, states that in the performance of its functions under this Act, it may suspend or cancel a permit if; a material condition imposed in the granting, renewal or amendment of such permit is not complied with by the holder thereof. The holder of the permit has been convicted of an offence relating to the carrying out of his transport operations, industry, trade or business.

Authorising

In the case of a permit authorising passenger transport, the holder of the permit, or an employee of such a holder, has been convicted of an offence which, in the opinion of the Board, discloses a disregard for the safety of passengers carried on a motor vehicle used by such holder or public roads. Also in that of a route permit or an area permit, the Board is of the opinion that the operator; has insufficient motor vehicles capable of carrying out the service authorised; or does not service the route or area concerned within three months of the date of issue of the permit or of the date upon which such operator undertook to provide the service in his application.

Part four of section eight stipulates that the Board may examine or cause to be examined by a person authorised thereto by the Board, any records of the holder of a permit that may contain information to enable it to decide whether the holder of such permit is complying with the provisions of the Act, and with the conditions or limitations of the permit concerned. In part five it states that before subsection (1) is invoked, the Board shall notify the holder of a permit, which it intends to suspend or cancel, or of such intention, and shall require such holder to make written representation within 14 days, as to why such suspension or cancellation should not be effected.

Thereafter, the Act states that a person aggrieved by a decision of the Board may appeal to the Appeal Board and section 11(c) of the Act shall apply with regard to such appeal. Section 11(c) states that the holder whose permit has been suspended or cancelled, may appeal against the decision of the Board, to the Appeal Board. Furthermore, Section 17(1) says a road transportation service permit or renewal thereof shall, unless duly suspended or cancelled, be valid for a period, which shall not exceed three years.

Cancel

A traffic police officer, who however preferred that his name be not disclosed, told this reporter that government has authority to cancel or suspend a transport permit. “It borders on issues around compliance on the part of the transport permit. It is an offence for the permit holder not to transport passengers from one destination to another, something which has provisions in the conditions set or terms of conditions (TCs) considered when granting it (permit),”clarified the officer.

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