Dear Minister Creecy and Deputy-Minister Hlengwa,
RE: Request for Meeting – Devolution of Commuter Rail and Service Level Plan
Congratulations on your appointments as Minister and Deputy Minister of Transport, respectively. The objective of this letter is to organise a meeting between #UniteBehind and yourselves to discuss the pertinent, pressing issue of the devolution of commuter rail in South Africa and to discuss a productive, robust means for a settlement agreement in the Service Level Plan case 17117/23 in the Western Cape High Court.
#UniteBehind mobilises for a just and equal South Africa where everyone shares in the country’s wealth. We use people’s law and power to advance our campaigns. Our primary focus is the #FixOurTrains campaign where, over the past 7 years, we have combatted the destruction of our commuter rail system through challenging corruption, maladministration and state capture at the Passenger Rail Agency of South Africa (PRASA) and the Department of Transport (DoT). We have consistently won in the streets and in the courts. We have successfully increased accountability at PRASA and the DoT and have expedited the revitalisation of our rail services.
We have always attempted to work collaboratively with previous Ministers of Transport. We have sent countless letters and appeals for assistance. Many of these letters received no response or were treated in a hostile and unproductive manner, however, we are in a new political era under the Government of National Unity: President Ramaphosa has decreed that this new government will increase its consultations with civil society. We are enthused by this intention to improve participatory democracy and responsive governance. We hope that this letter will be the start of a productive, collaborative relationship between your Ministry and #UniteBehind.
On 08 July 2024, Minister Creecy stated, “My department is currently developing a Draft Devolution Strategy for Urban Commuter Rail. This draft will be workshopped extensively with all role players and stakeholders later this year.” We welcome this statement and request to be informed of any opportunity to participate in such workshopping.
A week after the above statement, Minister Creecy told Parliament in her Budget Vote 40 speech:
We agree that metros and provinces have to have a say over transport planning. The question we have to look at is the affordability and what we don’t need in this country is nine PRASAs. And we will have to look at practicalities, affordability. I’m told that, internationally, it’s not normal to devolve railway practices unless a metro has about 20 million people because its more or less impossible for it to break even.
We welcome and reiterate our intention to participate in such conversations and we share the Minister’s sentiments regarding retaining the affordability of trains services, particularly for the poor and working class.
It is good to read (Steve Kretzmann. 31 July 2024. ‘We asked Cape Town’s transport boss about the future of passenger rail in the city’. GroundUp) that “Minister Creecy has been ‘incredibly responsive’ to the City of Cape Town’s request to discuss shifting the management of Metrorail from PRASA to the municipality.”
Further, we are hopeful that the Minister’s undertaking in (29 July 2024 input at the National Council of Provinces regarding the Vote no. 40 – Transport).
Devolving commuter rail services to local municipalities or provinces is not just a legal obligation but a practical necessity for improving South Africa’s public transport system. The economic and administrative benefits of devolution, as well as the success of global examples, clearly demonstrate that localised control leads to more efficient, accountable, and responsive rail services. By empowering local authorities, we can ensure that commuter rail becomes a reliable, affordable, and essential service for all South Africans, driving economic growth and social equity. We believe it is your duty to expedite the devolution process and work collaboratively with stakeholders to achieve these critical goals.
We would also like to discuss a possible way for The Minister and #UniteBehind to find achieve a productive settlement agreement in our Service Level Plan case 17117/23 in the Western Cape High Court. The Minister’s answering affidavit has been due for over six months. As you may be aware, PRASA and the City of Cape Town are currently negotiating the terms of the Service Level Plan. However, these negotiations seem to have stalled. They require the Minister’s involvement. If the Minister agrees to engage and attempt to expedite these negotiations, we believe that this could form the basis for an amicable settlement of the case between #UniteBehind and the Minister.
We therefore request:
- a meeting with yourselves and your department before 26 September 2024 to discuss the devolution of commuter rail services and the Service Level Plan case;
- the expedited publication of the draft Devolution Strategy; and
- a response to this letter before 17 September 2024.
Sincerely,
Joseph Mayson
Legal Officer
#UniteBehind
0728541531
Zukie Vuka
Chairperson of the Board
#UniteBehind
065 822 5862