(Photo: Héctor López/Unsplash)
AfriForum warns that the draft amendments to the South African National Roads Agency’s (Sanral) policy on rest and service facilities (RDS) may illegally expand this agency’s powers and negatively affect private landowners, farmers and businesses located opposite national roads.
Marais de Vaal, adviser on environmental affairs, says the draft policy is being presented as a framework to modernize infrastructure along the side of the road, such as providing for the development of charging stations for electric vehicles and alternative fuel facilities, but AfriForum believes its implications extend far beyond traditional rest stops and petrol stations.
Owners and operators of businesses along South Africa’s main roads are furious about proposed changes to the policy.
De Vaal says that in terms of the proposed amendments, Sanral will be authorized to determine where facilities may be located along national roads, what type of businesses may be operated, how far apart they must be and under what conditions access may be granted or changed. “These are functions that typically fall within the jurisdiction of municipalities and environmental authorities, which raises questions about the legality of Sanral taking on such a role.”
He says the impact on private landowners, farmers and agricultural businesses is particularly worrying. “Many rural businesses depend on access to national roads for their economic viability, including road stables, tourism businesses, accommodation and retail activities.” AfriForum believes that the proposed policy could limit these activities, limit future development opportunities and impose additional regulatory and financial restrictions.
According to AfriForum, the draft policy could create a possible conflict of interests. “Sanral will not only regulate and approve developments, but also participate commercially, by leasing its own land for similar facilities. This raises concerns about fairness and competition, as Sanral will act as regulator and market participant at the same time.”
“This is another example of the government’s centralist tendencies. It seems the draft policy goes beyond Sanral’s legal mandate and could introduce far-reaching control over land use and commercial activities along national roads,” says De Vaal.
AfriForum says that while the transition to electric mobility and alternative fuels is an important and necessary development, it must not take place at the expense of property rights, legal administrative processes and fair economic participation.
AfriForum intends to submit comments on the draft amendments. The organization requested the Department of Transport to extend the period for public comments so that meaningful consultation with the parties involved or a thorough legal and policy analysis can take place.
“Regardless of the department’s feedback on the organisation’s request, the public can still count on AfriForum’s involvement in the process.” AfriForum says it will ensure that any final policy is legal, proportionate and in the public interest.