Statistics Act, 1999
R 385
Road Traffic Management Corporation Act, 1999 (Act No. 20 of 1999)Chapter 8 : Miscellaneous46. Enquiries |
| (1) | The chief executive officer may conduct any enquiry concerning road traffic, and must announce his or her intention to conduct an enquiry by publishing a notice in the Gazette and every Provincial Gazette— |
| (a) | indicating the time and place at which such enquiry will be conducted; |
| (b) | specifying the subject-matter of the enquiry; and |
| (c) | inviting interested persons to— |
| (i) | submit written representations to the chief executive officer; or |
| (ii) | indicate whether they wish to submit oral representations to the chief executive officer. |
| (2) | Any written representation made by any person in pursuance of an invitation referred to in subsection (1)(c)(i) is open to inspection at the premises of the Corporation during normal business hours. |
| (3) | A written representation referred to in subsection (2), or a certified copy thereof, must be furnished on request to any person after payment of the prescribed fee. |
| (4) | The chief executive officer may cause a notice to be served on any person requiring such person to appear at place and time specified in such notice for the purpose of an enquiry. |
| (5) | The chief executive officer must conduct an enquiry— |
| (a) | in accordance with the prescribed procedure; and |
| (b) | in public, unless the Minister grants permission for an enquiry to be conducted in camera. |
| (6) | The Shareholders Committee or the board may, on the recommendation of the chief executive officer at the conclusion of the enquiry, issue a directive requiring a person to undertake an action or cease to perform an action in compliance with this Act or any other law in terms of which the Corporation may execute road traffic functions. |
| (7) | A directive referred to in subsection (6) is, subject to subsection (9) and judicial review, binding on the person to whom it is addressed. |
| (8) | The chief executive officer must provide the party or parties with written copies of his or her findings pursuant to an enquiry in terms of this section and must specify the content of any directive issued and any action to be taken pursuant thereto. |
| (9) | Any person who is aggrieved by the outcome of an enquiry or the content of a directive addressed to him or her may in writing request the Shareholders Committee or the board to review the findings or any action taken pursuant thereto. |
| (10) | The Shareholders Committee or the board, as the case may be, must, on receipt of a request referred to in subsection (9)— |
| (a) | inform all interested parties that the request has been received; and |
| (b) | invite further representations from any party. |
| (11) | The Shareholders Committee or the board, as the case may be, may, after having taken the steps referred to in subsection (10)— |
| (a) | re-open the enquiry; or |
| (b) | refuse the request and provide the applicant with written reasons for such refusal. |
