Just when one thought that the long arm of government and their parastatals could not infringe further into the lives of everyday South Africans…along comes SANRAL doing their bit to meddle in the affairs of private business. This time it has everything to do with BEE related to businesses servicing national road locations such as fuel stops, rest stops, truck stops, etc.
In July 2021 SANRAL published a policy document title “POLICY FOR REST AND SERVICE FACILITIES ON NATIONAL ROADS” in a concise 23-page document outlining the basic principles and policies to be applied to rest stops and facilities. It’s an easy document to read and understand.
A brief summary is given below:
“The Southern African Development Community Road Traffic Signs Manual (RTSM) makes reference to 3 types of Rest and Service Areas, namely:
i) Rest Area Class 1
Basic Requirements – tree shade, rubbish bin and table and bench
ii) Service Area Class 2
Basic Requirements – roofed shade, toilets, braai, rubbish bins and table and benches
iii) Service Area Class 3
Basic requirements – roofed shade, toilets, braai, rubbish bins and tables and benches; fuel; restaurants (for light and heavy vehicles and passengers). Additional criteria include:
a) Fuel and restaurant facilities shall comply with warrants for these types of facilities.
b) A wide range of additional facilities may be provided;
c) The facility may qualify for the use of a primary name on the tourism signs provided.
This policy sets out the provisions for the full Rest and Service Facility (RSF), classified as Service Area Class 3, on National Roads.
Apart from the provision of refuelling opportunity, rest and service facilities perform an important function in terms of road safety by providing opportunities for drivers to take breaks during their trip or have a reasonably safe refuge in case of perceived or real safety concerns and emergencies.”
Given that this emphasises safety above all else, and rightly so, it did not take long (5 years) before the focus moved from safety to transformation and equity in February 2026 via Gazette 54203.
The draft policy document expanded from 23 to 39 pages and is now loaded with several new definitions and unsurprisingly focused on the overly boring topic of electric vehicle charging stations under the scope of alternate fuels (as though electric vehicles receive energy from pie-in-the-sky 100% green schemes) and then transformation and equity as though we do not have enough interference in our daily lives as lemmings moving back and forth to and from our places and work, home and holiday destinations.
Arising from this draft policy, it is not surprising that SAKELIGA objected to this document in March 2026 with this statement: “The Draft Policy would give SANRAL sweeping power to dictate who may operate a business alongside a national road, what transformation credentials they must hold, how their business must be structured, and what levies they must pay – even when the business operates on privately owned land and has no contractual relationship with SANRAL.”
This is a typical example of overreach; SANRAL simply has no right to impose requirements on businesses that operate on private land.
Looking at SAKELIGA’s further comments, one can only wonder why SANRAL think they can interfere in private businesses; the current legislation simply does not allow them any say at all.
The Draft Policy claims authority from sections 44 and 48 of the SANRAL Act, which deal with controlling access to and from national roads. These narrow provisions are intended to manage road safety and traffic flow. The Draft Policy significantly overreaches the intent of these provisions, using them as the legal foundation for a sweeping commercial and socio-economic regulatory regime. The road agency’s authority, as defined by the SANRAL Act, is restricted to the planning, financing, construction, operation, management, and maintenance of national roads. SANRAL is not an economic regulator, a licensing authority for private businesses, or empowered to impose transformation requirements on private landowners. The SANRAL Act grants no authority to regulate who may own, operate, or invest in a business on private land adjacent to a national road. Thus, not only is SANRAL’s draft policy unacceptable by virtue of its contents, but also because SANRAL has not been granted any such authority under South African legislation.
In the draft document’s policy goals statement, the focus of safety being first has been replaced with transformation and equity as the first step, as shown below. So much for safety of the road users being most important.
- TRANSFORMATION AND EQUITY
- ROAD SAFETY
- ROAD USER CONVENIENCE AND FATIGUE MANAGEMENT
- ECONOMIC ACTIVITY COMPATIBLE WITH NATIONAL ROADS
- ENVIRONMENTAL RESPONSIBILITY
- ACCESSIBILITY AND INCLUSIVITY
- SPATIAL PLANNING AND COOPERATIVE GOVERNANCE
Quoting from the draft policy document: “TRANSFORMATION AND EQUITY: to promote transformation and equitable access to opportunities arising from the establishment and operation of RSFs, in a manner consistent with section 217 of the constitution, applicable procurement legislation, and SANRAL’s transformation and preferential procurement policies. This is to ensure that there is meaningful transformation, equitable share, participation and empowerment of historically disadvantaged individuals, in particular Black people and majority Black-owned entities, in all business aspects.”
Additionally, SANRAL has jumped on the administrative justice bandwagon; it sounds like SARS in new clothing.
“ADMINISTRATIVE JUSTICE
Any decision taken by SANRAL under or pursuant to this Policy, including decisions relating to the granting, refusal, amendment or withdrawal of access permissions, the imposition of conditions, the determination or revision of levies or charges of general
application, or any enforcement measure, which materially and adversely affects the rights or legitimate expectations of an applicant, owner, operator or other affected person, constitutes administrative action as contemplated in PAJA and shall be lawful,
reasonable and procedurally fair.”
Where should SANRAL’s scope end? Right on their own doorstep, i.e., their own land.
Quoting from paragraph 7.5 of their draft document: “In respect of SANRAL-owned land, Property Policy shall be adhered to, including issuing open tenders for the development of RSFs, the location of which will be determined by SANRAL at its sole and absolute discretion.”
Quoting from paragraph 10.8 of their draft document: Land Ownership
“Where SANRAL decides to release SANRAL-owned land for the development of RSFs along the National Road, such land may be leased out by SANRAL, based on SANRAL’s commercial model and in compliance with the Property Policy, to the operator of the RSF for a period that must have regard to the commercial investment made by the party applying for permission to establish an RSF and which allows for a return on that investment. In such a scenario, the maximum period of such lease is to be no longer than 15 years or such other period as may be determined by SANRAL at its sole and absolute discretion.
SANRAL’s transformation policy and objectives must be met in the leasing of identified SANRAL-owned land.
In respect of SANRAL-owned land, a land reservation fee shall be required to be paid to SANRAL. Such fee shall constitute a refundable security deposit payable in terms of the applicable tender conditions and lease agreement. The deposit shall be held by SANRAL in a dedicated non-interest-bearing account and may be applied only in accordance with the lease agreement, including for unpaid service charges, utilities, or penalties lawfully due. Any unused balance shall be refunded in accordance with the lease agreement.”
As though tolls fees weren’t enough of a source of income for SANRAL, the approved Rest Stop Facilities owner is also obligated to pay levies in paragraph 2.1 of the draft document:
“Such authorisation may be issued by SANRAL subject to the condition that the owner of the property, or where the property is owned by SANRAL, the operator of the RSF, shall pay a levy calculated on the gross turnover (excluding VAT) derived from:
(a) the sale of petroleum products (including fuel and lubricants);
(b) sales conducted through convenience service shops and restaurants;
(c) the sale of NEV products; and
(d) all other sales within the RSF.
The quantum of any levy, rates or fee may be imposed as a condition of an access authorisation contemplated in the SANRAL Act and shall be determined in accordance with SANRAL’s applicable Rates Card or other published tariff adopted pursuant to the SANRAL Act.
Other Fees
SANRAL may, where lawful and appropriate, require rentals, deposits, guarantees, or other charges related to the leasing, development, and operation of an RSF on SANRAL-owned land, in accordance with the SANRAL Act, applicable regulations, and SANRAL’s Property Policy. Any fee charged for an authorisation or consent in terms of the SANRAL Act is distinct from lease rentals and lease-related charges. Lease-related charges shall be recorded in the lease agreement.”
Not only do they want to interfere in the rights of private businesses adjacent to national roads, but the business owner must pay SANRAL for the privilege too, as though taxation in South Africa is not high… SANRAL should do what they are legislated to do: operate national roads in a safe manner and keep their noses out of private business affairs. Toll fees are already far too expensive.
In closing, one can only hope that SAKELIGA succeeds with their objection (now 6 months old) summarised in their well-worded statement: “Private businesses operating on private land should not be required to surrender ownership, restructure their operations, or demonstrate transformation credentials to a roads agency. Moreover, in this case, the entity making these unacceptable demands lacks the legislative authority to do so. Sakeliga will challenge this policy, should it be promulgated in its current form or any form with similar defects.”
