LEGAL SUCCESSION TO THE SOUTH AFRICAN TRANSPORT …

1 LEGAL SUCCESSION TO THE SOUTH AFRICAN . TRANSPORT services ACT. NO. 9 OF 1989. [ASSENTED TO 1 MARCH, 1989]. [DATE OF COMMENCEMENT: 6 OCTOBER, 1989]. (but see s. 37 (2)). (English text signed by the acting State President). as amended by Finance Act, No. 80 of 1989. [with effect from 14 June, 1989]. Transnet Limited Amendment Act, No. 52 of 1991. Transnet Limited Second Amendment Act, No. 110 of 1991. Expropriation Amendment Act, No. 45 of 1992. [with effect from 1 May, 1992]. LEGAL SUCCESSION to the SOUTH AFRICAN TRANSPORT services Amendment Act, No. 47 of 1992. International Air services Act, No. 60 of 1993. [with effect from 15 April, 1994].

2 Exchequer Amendment Act, No. 69 of 1993. [with effect from 25 June, 1993]. General Law Second Amendment Act, No. 108 of 1993. [with effect from 1 August, 1993]. General Law Third Amendment Act, No. 129 of 1993. [with effect from 1 September, 1993]. General Law Sixth Amendment Act, No. 204 of 1993. [with effect from 1 March, 1994]. LEGAL SUCCESSION to the SOUTH AFRICAN TRANSPORT services Amendment Act, No. 43 of 1995. Road Accident Fund Act, No. 56 of 1996. [with effect from 1 May 1997]. Telecommunications Act, No. 103 of 1996. [with effect from 1 July 1997]. ACT. To make provision for the formation of a company, for the LEGAL SUCCESSION to the SOUTH AFRICAN TRANSPORT services by the Company, for the establishment of the SOUTH AFRICAN Rail Commuter Corporation Limited and for related matters.

3 ARRANGEMENT OF SECTIONS. 1. Definitions CHAPTER I. LEGAL SUCCESSION TO THE SOUTH AFRICAN TRANSPORT services . 2. Formation of Company 3. Transfer of Commercial Enterprise to Company 4. Issue of Shares to the State 5. References in Documents CHAPTER II. OPERATING PROVISIONS. 6. Operating Provisions, Operating Powers and Offences CHAPTER III. TRANSITIONAL PROVISIONS. 7. Exemption from being bound by Statute 8. Employees 9. Conditions of Service Act 10. Transmed 11. House Ownership Fund 12. Insurance Fund 13. Integration of Company s land into conventional land use control systems 14. Catering services CHAPTER IV. RELATIONSHIP BETWEEN THE STATE AND THE COMPANY.

4 15. Provision of service at request of Corporation or TRANSPORT authority 16. Guarantee by State 17. Strategic or Economic Interests of Republic 18. Prohibition of Lock-outs and Strikes 19. Stock 20. Tabling in Parliament 21. Regulations CHAPTER V. THE SOUTH AFRICAN RAIL COMMUTER CORPORATION LIMITED. 22. Establishment and Name 23. Main Object and Powers 24. Board of Control 25. Transfer of Assets 26. Operational Provisions 27.. 28. Accounting and Financial Statements 29. Liquidation 30. Regulations 31. Application of Laws CHAPTER VI. GENERAL PROVISIONS. 32. Transfer of Business Units 33. Powers of Registrar of Deeds 34. Shares for Employees 35.

5 Charges and Taxes CHAPTER VII. AMENDMENT, REPEAL AND INTERPRETATION OF LAWS. 36. Interpretation of Laws in Part 1 of Schedule 2. CHAPTER VIII. SHORT TITLE AND COMMENCEMENT. 37. Short Title and Commencement Schedule 1 Operating provisions, operating powers and offences Schedule 2 Amendment, repeal and interpretation of laws INTERPRETATION. 1. Definitions.. In this Act and in the Schedules thereto, unless the context indicates otherwise . Auditor-General means the person referred to in section 41 of the Exchequer and Audit Act, 1975;. Company means the company referred to in section 2;. Corporation means the SOUTH AFRICAN Rail Commuter Corporation Limited established in terms of section 22.

6 Government means the Government of the Republic of SOUTH Africa;. local government body means a local government body as defined in section 1 of the Interim Measures for Local Government Act, 1991 (Act No. 128 of 1991);. [Definition of local government body inserted by s. 1 (a) of Act No. 47 of 1992.]. Minister means in Chapter V of this Act the Minister of TRANSPORT and in the remaining Chapters the Minister for Economic Co-ordination and Public Enterprises;. [Definition of Minister substituted by s. 6 (a) of Act No. 52 of 1991.]. regional services council .. [Definition of regional services council inserted by s. 6 (b) of Act No. 52 of 1991 and deleted by s.]

7 1 (b) of Act No. 47 of 1992.]. Registrar of Companies means the Registrar of Companies referred to in section 7 of the Companies Act, 1973;. [Definition of Registrar of Companies inserted by s. 6 (b) of Act No. 52 of 1991.]. SOUTH AFRICAN TRANSPORT services means the SOUTH AFRICAN TRANSPORT services referred to in section 2 of the SOUTH AFRICAN TRANSPORT services Act, 1981;. State means the Republic of SOUTH Africa;. subsidiary means, in relation to the Company, a subsidiary within the meaning given to that term in section 1 (3) of the Companies Act, 1973, which definition shall also apply mutatis mutandis to a subsidiary of the Corporation as if the Corporation were a company as defined in the Companies Act, 1973; and Transmed means the medical scheme referred to in section 10.

8 TRANSPORT authority means . (i) any Department of State;. (ii) a local government body designated by the Minister of TRANSPORT as such by notice in the Gazette. [Definition of TRANSPORT authority added by s. 6 (c) of Act No. 52 of 1991 and substituted by s. 1. (c) of Act No. 47 of 1992.]. CHAPTER I. LEGAL SUCCESSION TO THE SOUTH AFRICAN TRANSPORT . services . 2. Formation of Company.. (1) The Minister shall take the necessary action, due regard being had to the provisions of this section, for the formation and incorporation of a public company with share capital and the issuing of a certificate to commence business in terms of the Companies Act, 1973.

9 (2) The State shall, upon incorporation of the Company, be the only member and shareholder of the Company. (3) The Minister shall on behalf of the State sign the memorandum of association, articles of association and all other documents necessary in connection with the formation and incorporation of the Company and he shall exercise the rights of the State as member and shareholder of the Company. (4) Notwithstanding the provisions of section 32 of the Companies Act, 1973, the Registrar of Companies shall register the memorandum of association and articles of association of the Company and shall incorporate the Company as a public company with the State as the only member and shareholder thereof.

10 (5) In order to give effect to the provisions of this section, the Registrar of Companies shall issue such directives and authorise such deviations from the regulations promulgated in terms of the Companies Act, 1973, and the documents prescribed in terms thereof as he may consider necessary under the circumstances. (6) The provisions of sections 66, 190 and 344 (d) of the Companies Act, 1973, shall not apply to the Company while the State is the only beneficial member and shareholder thereof. [Sub-s. (6) substituted by s. 7 of Act No. 52 of 1991.]. Wording of Sections 3. Transfer of Commercial Enterprise to Company.. (1) The Minister shall, within 12 months after compliance with section 2 (1), stipulate by notice in the Gazette a date upon which the Company shall become the successor to the SOUTH AFRICAN TRANSPORT services .