New policy threatens South African landowners and businesses

The South African National Roads Agency (SANRAL) is allegedly set to unlawfully expand its powers and negatively impact private landowners, farmers, and roadside businesses. 

This warning comes from AfriForum, which has responded to SANRAL’s draft amendments to its Rest and Service Facilities (RSF) policy, which were unveiled in late March 2026. 

AfriForum is joining a chorus of warnings about the policy from various stakeholders, including electric vehicle (EV) charging company Charge Group. 

SANRAL presented the draft policy as a framework to modernise roadside infrastructure, with a particular focus on accommodating electric vehicle charging stations. 

However, AfriForum and Charge have said that SANRAL is exceeding its mandate by trying to give it control over land use planning and private property rights. 

“In terms of the proposed amendments, SANRAL would be empowered to determine where facilities may be located, what types of businesses may operate, how far apart they must be, and under what conditions access may be granted or altered,” AfriForum said. 

The organisation explained that these functions typically fall within the jurisdiction of municipalities and environmental authorities, raising questions regarding the lawfulness of SANRAL’s draft amendments. 

Charge has said that the RSF policy, as outlined by SANRAL, effectively turns the agency into a regulator, market planner, and potential participant. 

This creates a conflict of interest, with the state-owned company effectively set to regulate its own operations that may compete with private players. 

Retrospective provisions and the adoption of discretionary approvals bring the risk of lessening investor confidence and so slowing the development of EV-charging infrastructure, Charge said. 

AfriForum, on the other hand, is particularly concerned about the impact on private landowners, farmers, and agri-businesses. 

“Many rural enterprises depend on access to national roads for their economic viability, including farm stalls, tourism ventures, accommodation and retail activities,” it said. 

“According to AfriForum, the proposed policy could restrict these activities, limit future development opportunities and impose additional regulatory and financial burdens.” 

AfriForum’s Advisor for Environmental Affairs, Marais de Vaal, said this is another example of the government’s efforts to centralise control of the economy. 

“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,” he said. 

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

Charge said that such an intervention from SANRAL is likely to slow the rollout of EV-charging infrastructure by scaring off potential investors. 

Both Charge and AfriForum intend to submit comments on the draft amendments. AfriForum has asked the Department of Transport to extend the public comment period to allow for meaningful consultation with interested parties.