RFA

Covid-19 Lockdown Status

Covid-19 Information and Updates

See The RFA Covid-19 information videos for your workers here:

RFA Covid-19 Information videos


To fiew Frequently asked questions click here:

Industry FAQ’s: Covid-19

IMPORTANT NUMBERS AND LINKS

Click here to view important numbers and links

Updates from the RFA

21 September 2021

Dear Member,

The Minister for COGTA has implemented the Adjusted Alert Level 02 from 13 September 2021. The gazette 45156 and the Guideline document are attached to this email. Please note that the Form 7 has NOT changed in any manner but is still required for movement between 23h00 and 04h00.

Guidelines level 
Corona Gov Gazette
Form 7

 

14 September 2021

Dear Member

Change to Alert Level 02

More Info and changes on the download link below:

Co-Operative Governance




01 March 2021

Dear Member

Change to Alert Level 01

The President announced the move to Alert Level 01 – which is in effect from the date of the publication of the gazette 44201 by the Department of COGTA. The Guideline document as well as the new Form & (as per annexure A) is attached.

form7.annexureA.amended.level01.28feb21.docx

guidelines.lockdown.amendments.level01.28feb21.pdf

covid.gov.gazette.44201.COGTA.28feb21.pdf




15 February 2021

Dear Member,

The government gazettes relating to the partial opening of borders (for persons to move) were published. These are attached with a Guideline document. Whilst there will be no change to the status of freight movements – please be advised that delays will probably ensure in the first week of opening.

corona.alert.level03.gov.gazette.COGTA.44159.13feb21.pdf

corona.alert.level03.gov.gazette.COGTA.44158.13feb21.pdf

guidelines.lockdown.amendments.level03.13feb21.pdf




02 February 2021

Dear Member,

The Minister for COGTA has released Government Gazette 44130 which comes into operation on date of publication (01 February 2021). The Guidelines document is attached.

Please note that all the Health Protocols remain in place – even though not specifically mentioned in the Gazette. These have not been repealed (cancelled).

corona.alert.level03.gov.gazette.COGTA.44130.01feb21.pdf

guidelines.lockdown.amendments.level03.01feb21.pdf




01 February 2021

Dear Member,

The Minister of Transport has published three gazettes (44121, 44122 & 44123) relating to Cross-Border, Harbors and Public Passenger Transport).
The continued flow of freight is confirmed in the relevant gazettes and no changes have been made to the requirements for freight and logistics operations.

No Guideline document will be circulated.

corona.alert.level03.gov.gazette.DOT.44121.30jan21

corona.alert.level03.gov.gazette.DOT.44122.30jan21

corona.alert.level03.gov.gazette.DOT.44123.30jan21




25 January 2021

Dear Member

For your information, attached is the gazetted Public Health (COVID-19) (Risk Determination and Mitigation Measures) Regulations, 2021 for Lesotho, as published earlier this month.

13-01-2021 – Lesotho – COVID-19 – Public Health Regulations

22 January 2021  

Dear Member,

Please note we are aware that once again it is rumored on social media that the ATDF intends to launch mass protest action on 25 January 2021. To date, we have not received any official communication or confirmation in this regard.

We are therefore unable to confirm that this will take place, but we advise members to take caution.




18 January 2021

Dear Member,

The department of Employment and Labour (DoEL) published the attached Gazette posted in July 2020 calling for public comment on Industry Employment Equity (EE) targets.

The DoEL has subsequently requested the Association to forward comments on behalf of the road freight sector which will then be used as the official benchmark for the annual EE reports by companies in our sector to DoEL and will use these inputs to track the pace and application of transformation.

Members are urgently requested to participate in the virtual discussion platforms created by the Association so as to enable the RFA to submit the road freight sector inputs by the end of February 2021.

As the TETA DG grant applications are in progress with a due date of 05 February 2021 – the first EE discussion
will be held as follows:

Date: Tuesday, 09 February 2021
Time: 14h30 to 15h30
Venue: Zoom
Please ensure that your company is represented in this vitally important discussion by registering your company representative (name and designation) with charlene@rfa.co.za

The Employment Equity Amendment Bill 2020




14 January 2021

Dear Member,

The Minister recently retracted his statement relating to the extension of vehicle licenses. This is an untenable situation for most Members where penalties and fines are now mounting up for a situation out of the control of Members.

We are currently drafting correspondence for the attention of the Minister and the Command Council – which includes the correspondence to the Minister sent during 2020 requesting an extension of vehicle licenses due to service delivery failures at the relevant licensing authorities relating to Covid-19 Protocols.

Thereafter – failing successful resolve – we will approach the President.

We need verified confirmation on the status quo (for example there are statements that licensing offices are closed due to damage). There are also reports that some licensing authorities (offices) do not have face value documents to print license discs/operator cards due to disagreements with the Province they are in.

Members have stated that testing centers are closed/do not operate due to continued disinfection processes.

We need this detail to support our call for a vehicle license and roadworthy validity extension. Please supply confirmed details of any difficulties experienced to kevin@rfa.co.za.




29 December 2020

Amended Alert Level 03

The implementation of an Amended Alert Level 03 is with the publication of the Gazette.

The Guideline document plus the “Hotspot” Gazette – 44045 are availble below. The main Gazette (44044) detailing Amended Alert Level 03 can be downloaded here:

http://www.gpwonline.co.za/Gazettes/Gazettes/44044_29-12_CoopGov.pdf

Please note that the Guideline document covers ONLY those aspects relevant to road freight operations.

Form 7 (annexure A) has not been amended – thus we advise that the current form remains valid. As has been learnt in the past – this may prove to be of an issue with law enforcement authorities. Please immediately advise the Association should such difficulties be experienced so that the necessary interventions can be implemented.

Form 7 in the guideline document refers to the new regulations (should Members be faced with having to reprint these form. We trust that (as in September), the authorities will not demand new forms (which are identical in detail) but have an older issue date.

Download:

Guideline document

“Hotspot” Gazette – 44045

Form 7

Frequently Asked Questions: Covid-19 in the Transport Industry

What about foreign companies?

The DtiCportal for registrations and the published regulations are for South African companies and citizens. However – should a foreign operator be moving essential goods through South Africa – they would need to comply with all aspects (currently this excludes registration on the portal). This MAY change


Must I have a certificate and permit on each Employee?

There is currently NO requirement for paper permits or certificates so each Employee and driver can have an electronic version available


How long will it the to get the certificate after registration?

DtiC has not commited to a return time period yet.

Will the documentation be valid for empty and loaded vehicles?

Yes

Do you need to register as a sub-contractor if the “main” contractor has registered?

Given the amount of confusion that will be out on the roads- it is probably best to prevent an ugly altercation

How do I register for a Certificate?

Businesses are required to apply to the Companies and Intellectual Property Commission (CIPC) Bizportal website at www.bizportal.gov.za and obtain a certificate from the Commission that allows them to continue trading.

 The application will be a simple declaration requiring minimal registration details, type of business/trade involved in, what trading name if any is used an d whether it meets the requirements contained in the essential services list, the contact details of the person applying as well as the number of employees that will be working during the lockdown period.

The Bizportal website will contain a menu icon listed as “Essential Service Businesses” through which an application can be made to the CIPC.

WWW.BIZPORTAL.GOV.ZA

When you go into this website please do as follows:

  • Log on to website
  • Click on 3rd tab at the top “Services”
  • Click on Covid19 (red box) 

There are going to be traffic issues volume issues on the site – that is to be expected. 

The ONLY prescribed requirements for a permit and the content thereof are what is published under Annexure C Form 1 of the Gazette (which was circulated earlier on the group). Obviously – you can add information that you may deem necessary (for example the residential address of the Employee so as to show the route he/she may travel – or the route of the vehicle). HOWEVER – be careful that you do not  create a stick with which you can be beaten.

What is the Enterprise Number? 

The enterprise number is the letter M followed by your company registration number excluding the slashes i.e 1992/038633/07 will be M1992038633

Wat happens with licences / permits / PrdP’s that expire during lockdown?

All of these will remain VALID for the period of the lock-down. You will then have 14 (fourteen) days after the lifting of the lock-down (whenever that may be) to renew these WITHOUT penalty or prosecution

How do I get abnormal exemption permits?

Permits will only be issued for essential services as listed (and in this case “electricity supply & maintenance” or “coal and essential mining” – you will require a request and clear statement from Eskom / coal mine that this is indeed urgent / critical and is “essential”. Using this motivation you will then approach a Transport Consultant (as per normal practice) who will interact with the relevant Provinces to ensure an exemption permit is issued as required. As you are aware the RFA has contact with all 09 Provinces in this regard

I have trucks offloading / on the way / returning – ill they still be able to return (to the depot)?

The lock-down is from 24:00 tonight. No vehicles (other than those involved in essential services) may move.

How many persons are allowed in a vehicle and what about assistant drivers / assistants?

The method of calculation of how many persons are allowed in a vehicle at any given time is based on the SEATING capacity of a vehicle. All vehicles have a determination – and you are only allowed 50% of that. Whilst legislation cannot be read in isolation (for example SANS 10231 – Operation of Dangerous Goods Vehicles requires persons to fulfil roles other than the driver) the current published regulation will stand and in a truck (per example) that only allows 02 persons you will only be able to have the driver present. We will lobby this requirement as obviously this was not thought through (only social distancing was taken into consideration).

Will cargo for a gold mine be allowed to move?  

Gold, gold refining and essential mining are listed as “essential services”. The cargo being transported would need to have direct bearing on those aspects. There are going to be “grey areas” in terms of this so clear description of the equipment and its link in the essential mining chain will probably be prudent.

What details are required for completing the Permit or the DTiC Registration process?  

The information required on the Permit (described in the gazette) is contained in the sections to be completed in the application for the permit itself. The DTiC Registration is an online process requiring data verification (company registration via CIPC) 

The document required for Employees to come to work is the Permit as circulated by COGTA 

My truck broke down and I won’t make depot before the lock-down. What do I do?

Essential services include emergency services and critical maintenance and repair relating to the rendering of essential services. It would be advisable to secure an affidavit NOW stating the nature of the incident (with proof of recovery and other repairs) for use to get your vehicle back. This MAY assist you in being able to return.

What documents must be available in a vehicle?  

All Employees (Driver and each passenger) MUST each have a permit in their possession (currently may be electronic). The DTiC Registration Certificate would probably on be required per vehicle (as it refers to the Company being registered as an essential service – not individual Employees) 

RFA Convention 

When and where is the new Convention?

19 – 21 February 2021 at Fairmont Zimbali Hotel & Spa, Dolphin Coast

Can I get a refund on my Convention registration? 

Yes, please email proof of your bank details to events@rfa.co.za and we will assist you with a refund. Please note that if you registered for the Early Bird Special and want to cancel, you will lose the Early Bird Rate.

Can I get a refund for my Convention accommodation booking?

Yes. Please note that you need to contact Zimbali (reservations@zimbaliresort.com) to cancel your accommodation. Note that cancellation terms and conditions will apply and room rates will increase after April 2020. 

In the case of our company not being able to get onto the site to get a printed certificate of exemption, would we be allowed to have a letter from our lawyers Stating that we are Essential service?

The permit is issued by the company (institution). The portal operated by the DTiC – there is currently no other manner of registering in terms of the portal and a letter from a legal company would probably not be accepted as fulfilling the DTiC requirement


Permit in vehicle

There are various responses to the type of permit in the vehicle. We have had responses  of acceptance and non-acceptance of an electronic version. We suggest that a hardcopy one is made available to each Employee to ensure that you do not encounter problems. Unfortunately there are those individuals who do not believe in anything else other than a physical piece of paper.

There is NO requirement for the permit to be stamped and signed by the SAPS. Very clearly stated it is the INSTITUTION (ie the company). We are in heated discussion with SAPS command. There are police stations TURNING people away as they REFUSE to stamp and sign the permits. We hope to resolve asap.


I have client who is a retailer in a foreign country.

They transport food from RSA. How do they operate as they cannot register on the DTiC Portal? The LOCAL operation must register on the Portal (foreign companies CANNOT) and then issue the vehicle permits and the Registration Certificate. A copy of the Customs clearing authorisations in the vehicle would also be a good idea.

 

What to do if your essential service certificate has not been emailed to you

https://businesstech.co.za/news/business/385101/what-to-do-if-your-essential-service-certificate-has-not-been-emailed-to-you/

 

Is the “Citizen’s Movement Document” legal?

Various documents are doing the rounds. Apart from the Permit required by the Government Gazette (specifically aimed at EMPLOYEES) and the Registration of business involved in essential services as defined – NO other documents are prescribed. Citizens would ONLY be travelling to acquire essential medical and food services. There is no declaration necessary.

Do the vehicle occupant restrictions apply to trucks?

The restrictions in the gazette refer to COMMUTER transport services and PRIVATE vehicles specifically as freight vehicles sometimes have additional persons in a cab to perform functions the driver is PREVENTED from due to conditions of employ or legislative requirements.  Whilst this is NOT understood by the authorities on the street – this is what is contained in the regulations. You may experience difficulties (some SPAS members are trying to arrest persons other than drivers in the cab). Please advise  WHERE this is happening so we can raise with the SAPS Command structures

Do the vehicle occupant restrictions apply to trucks?

The restrictions in the gazette refer to COMMUTER transport services and PRIVATE vehicles specifically as freight vehicles sometimes have additional persons in a cab to perform functions the driver is PREVENTED from due to conditions of employ or legislative requirements.  Whilst this is NOT understood by the authorities on the street – this is what is contained in the regulations. You may experience difficulties (some SPAS members are trying to arrest persons other than drivers in the cab). Please advise  WHERE this is happening so we can raise with the SAPS Command structures

Can I start transport goods that are NOT essential Goods following the statement by the Minister of transport this morning?

NO – please NOTE that this has NOT come to pass and that regulations will first need to be published BEFORE that will become the norm. Currently ONLY essential goods and services may move. If other goods / vehicles are found on the road drivers WILL be arrested and the vehicle and goods impounded. We will advise ASAP the regulations are amended

What are the requirements for the Permits as determined in the Government Gazette from COGTA?

Whilst there is continued demand from some SAPS officers in the ground that their stamps must appear on documents – this is NOT required. The published Government Gazette is wat is in force – irrespective of what individuals in the ground wish to implement. Whilst the Gazette invokes powers to protect individuals and authorities whilst implementing the requirements of the Gazette – it DOES NOT transfer any special powers outside of the parameters of the Gazette. A permit to transport essential goods is clearly defined in the Gazette – as well as WHO has the authority to issue such and to certify such document. SAPS IS NOT listed as an entity that can certify such.

Important Numbers and Links

GBV Command Centre: 0800 428 428 / *120*7867# from any cell phone

Persons with disabilities, SMS ‘help’ to 31531

Women Abuse Helpline: 0800 150 150

Child line: 0800 055 555

SAPS Crime Stop: 0860 10111 / SMS Crime Line: 32211

GBVF-related service complaints (SAPS): 0800 333 177/
complaintsnodalpoint@saps.gov.za

National AIDS Helpline: 0800 012 322

National Human Trafficking Helpline: 0800 222 777

Suicide Helpline: 0800 567 567

National Department of Health: https://www.health.gov.za

National Institute of Communicable Diseases: https://www.nicd.ac.za

World Health Organisation: https://www.who.int

Coronavirus Hotline: 0800 029 999

RFA Consent in terms of the Protection of Information

POPI ACT

Dear RFA Member,

  1. The personal information which is processed by The Road Freight Association (“RFA”) in the course of your membership and your engagement of the RFA’s services fall within the ambit of the POPI Act.
  2. The purpose of this document is to obtain your consent to process your personal information.
  3. By your signature hereto, you confirm that you are aware of the fact that you are under no obligation to consent to the processing of your personal information by the RFA and that your consent relates only to the processing of your personal information pertaining to the matters stated herein.
  4. You also confirm that you understand that by failing and/or refusing to provide consent to the RFA, that the RFA will not be able to fulfil its obligations towards you or continue with the membership and service relationship, depending on the nature of the information to which you object, unless you grant your consent to process your personal information.
  5. For purposes of defining “personal information”, you are advised that such information may include your:
      • Full names, surname and identity number/passport details (for natural persons) and/or Company name/Close Corporation name/registration details and other details regarding the Company or Close Corporation;
      • Contact details, such as e-mail address, website address, postal address, landline and mobile contact numbers, geographic location;
      • Nationality and demographic information (natural persons);
      • Place of residence/place of business;
      • Employment details;
      • Bank account details;
      • All information relating to the requirements set out in the Financial Intelligence Centre Act, 38 of 2001, as amended, with which the RFA is obliged to comply; and any other information requested by the RFA and voluntarily provided by you for purposes of performing the services in accordance with your mandate to the RFA

        Note: The member is to take note that certain demographic information is referred to as special personal information in terms of Section 26 of the POPI Act. There is a difference between personal information and special personal information. The RFA therefore processes both general and special personal information of its clients.

  1. Your personal information will only be processed for the purpose for which it was collected, and as agreed (“the services”), which includes, but is not limited to, the following:
      • Bulk emails to our membership database to inform members of events, notices, surveys, products, and services, vacancies, and available/requested loads.
      • Publishing of the member contact information on the RFA Member Directory listed on the RFA Website
      • Photographs taken at RFA Events and/or provided by RFA members may be published in newsletters, magazines and on social media
      • TruckTalk magazine and RFA Newsletters
      • Communication on RFA Whatsapp groups
      • In the performance of all other services in the interest of its members operating in the road freight and transport industry
  1. By signing this document, you agree to the RFA:
      • Processing your personal information for the purposes of rendering the services.
      • Recording, storing, updating, modifying, and retrieving your personal information for the purposes of rendering the services.
      • Collecting your personal information from a third party or source for the purposes of rendering the services.
      • To transmit your personal information to a third party in the Republic of South Africa for the purposes of rendering the services.
      • To transmit your personal information to a third party in a foreign country (who provides an adequate level of protection for the processing of personal information as referred to in Section 72 of the POPI Act) for the purposes of rendering the services.
      • Retain your personal information for the duration of the membership and service relationship and for such period after the termination of the business relationship as stipulated in the relevant legislation applicable to the RFA.
  1. By signing this document, you also confirm that you understand and agree to the following:
      • That you are obliged to inform the RFA of any correction or deletion of your personal information or destroying or deletion of any records of your personal information in terms of Section 24(1) of the POPI Act, by submitting Form 2 of the Regulations Relating to the POPI Act.
      • The contents hereof and accept this consent as adequate notification of the collection and processing of your personal information by the RFA.
      • The destruction or deletion of your personal information once the information is no longer required and the retention period required by legislation has lapsed. The RFA will shred any personal information/data of the member in accordance with the POPI Act in order to preserve the confidentiality of the information/data.
      • The consequences of failing and/or refusing to provide consent to the RFA and that the RFA will not be able to fulfil its obligations towards you or continue with the membership and service relationship, depending on the nature of the information to which you object, unless you grant your consent to process your personal information.
      • That you may withdraw your consent or object to the processing of your personal information at any time by giving written notification to the RFA’s POPI Information Officer Kevin van der Merwe at kevin@rfa.co.za and/or the RFA’s Deputy POPI Information Officer Gloria Moepi at membership@rfa.co.za.
      • That you are aware of your right to lodge a complaint with the Information Regulator, who’s contact details are as follows: