Institutional Parameters

Rail is seen as an essential long-term component of the network for both freight and passenger transport. The provision and maintenance of rail infrastructure for bulk and general cargo, and for inter-city passenger transport, will be determined by market needs and commercial viability. The national transport authority will own the commuter rail infrastructure, rolling stock and land associated with rail reserves, until the provincial or metropolitan transport authorities are able to take over this responsibility. In terms of Schedules 4 and 5 of the Constitution, rail matters are not mentioned and the regulation of railways is thus a competence of the national government unless functions are specifically assigned to the provinces by national legislation (section 104) or the aspect concerned can be brought within the scope of the matters listed in Schedules 4 or 5. The Constitution also provides that national functions can be assigned to other spheres of government by legislation or agreement.