Bad news for petrol station owners in South Africa

The South African National Roads Agency’s (Sanral’s) draft amendments to the Rest and Service Facilities (RSF) policy have come under fire.

Civil rights organisation AfriForum has warned that the policy could unlawfully expand Sanral’s powers, negatively affecting private landowners, farmers, and roadside businesses.

This is not the first time the agency’s policy and amendments faced scrutiny, as they were previously declared unlawful.

The policy aims to modernise roadside infrastructure, including accommodating developments such as electric vehicle charging stations and alternative fuel facilities.

Despite this, AfriForum believes the policy’s implications extend beyond traditional rest stops and fuel stations.

The organisation said the proposed amendments would empower Sanral to determine where facilities may be located, how far apart they must be, what types of businesses may operate, and under what conditions access may be granted or altered.

These functions are the responsibility of municipalities and environmental authorities, which is why AfiForum has raised questions about Sanral assuming increasing control.

The organisation believes the policy will restrict national road access for private landowners, farmers and agri-businesses, limiting future developments, and imposing additional regulatory and financial burdens.

A question of fairness has also been raised, as the draft policy allows Sanral to not only approve and regulate developments, but also participate commercially by leasing its own land, which would see it act as a market regulator and participant.

“This is yet another example of the government’s centralistic tendencies,” noted Marais de Vaal, AfriForum’s Advisor for Environmental Affairs.

“The draft policy appears to go beyond SANRAL’s legal mandate and introduces far-reaching control over land use and commercial activity next to national roads.”

AfriForum explained that while the transition to electric mobility and alternative fuels is an important and necessary development, it should not come at the expense of property rights, lawful administrative processes, and fair economic participation.

The organisation stated that it would submit comments on the draft amendments, and has requested the Department of Transport to extend the public comment period.

EV charging stations in the spotlight

Joining AfriForum in submitting objections to the RSF policy is the national off-grid, solar-powered electric vehicle (EV) charging station developer, Zero Carbon Charge (Charge).

The company’s objections are based on the potential undermining of private sector investment, the delay of critical infrastructure rollout, and the creation of regulatory uncertainty.

Charge reiterated AfriForum’s concerns regarding Sanral exceeding its statutory powers, claiming that the policy extends the roads agency’s powers into areas such as land use, planning, environmental regulation and market structuring.

Its main concern is that retrospective provisions and discretionary approvals risk undermining investor confidence and delaying infrastructure development.

“The rollout of EV charging infrastructure is time-sensitive and capital-intensive. It depends on a policy environment that is clear, lawful and supportive of investment,” said Joubert Roux, Charge Co-Founder and Chair.

“In its current form, the proposed RSF policy introduces uncertainty and overreach that could significantly constrain progress at a time when fuel prices are spiking and electric mobility is critical to be independent and safeguarded from geopolitical volatility.”

As such, Charge has called for the policy to be revised and aligned strictly with Sanral’s legislated mandate.

This would allow Sanral to continue to regulate how vehicles enter and exit national roads, and ensure that any development alongside national roads does not compromise traffic safety.

Sanral would be permitted to oversee the placement of infrastructure within designated zones adjacent to national roads, and also continue to levy fees associated with access to national roads.

Charge has recommended that the policy clearly define the applicable legislative frameworks, with matters governed by the relevant acts and municipal authorities.

It also wishes to restrict transformation requirements to instances where Sanral is a contracting party or landowner, and also confirm that the RSF policy will apply prospectively and exclude any retrospective impact.