SANRAL Draft Policy for Rest and Service Facilities (RSF) along National Roads

Compiled: April 9, 2026

The South African National Roads Agency (SANRAL), through the Department of Transport, published the 39-page draft in Government Gazette No. 54203 (Notice No. 7164) on 23 February 2026. The agency invited written public comments by 23 March 2026 (addressed to RSFPOLICY@nra.co.za or sent by registered post to SANRAL’s Pretoria offices) and conducted nationwide stakeholder engagement sessions in March 2026. These sessions took place at physical venues across provinces (e.g., Gauteng on 3 March, Western Cape on 17 March) and online via Microsoft Teams links. The draft repeals the October 2021 RSF Policy, aspects of which the Supreme Court of Appeal previously declared unlawful due to improper levies and a lack of consultation. As of 9 April 2026, the policy remains in draft form with no promulgation announced.

Analysts base the assessment below on the official gazette text, cross-referenced with the 2021 policy, stakeholder submissions (including formal objections), media coverage, and the policy’s stated intent to address prior legal vulnerabilities while expanding controls.

1. Glossary of Terms (Section 1)

The glossary establishes expansive definitions that extend regulatory reach. An RSF means a facility located along or adjacent to a national road, established primarily for the travelling public. It provides fuel and/or alternative fuels (including EV/NEV infrastructure) together with ancillary services such as rest, refreshment, convenience retail, sanitation, and related amenities. The facility depends on access to and from a national road authorised under the SANRAL Act (ss 44 and 48).

Key supporting terms include:

• Public Charging Facility — explicitly covers EV/NEV infrastructure (plug-in hybrids, battery swapping, hydrogen/FCEV) to address “range anxiety.”
• Building Restriction Area and National Road Reserve — zones where the policy applies directly, with extensions to adjacent areas.
• Direct Access — via interchange, intersection, or ramps, serving as the primary trigger for SANRAL approval.
• Rates Card — SANRAL’s published tariff schedule for levies and fees (excluding lease rentals).
• Differentiated facility types: Truck Stop, Maxi Service Area, RSF (Urban/Rural), with associated size caps in Gross Leasable Area (GLA).
• Operational metrics: AADT (average annual daily traffic), NEVs, and sustainability references.

The definitions anchor on authorized access but later sections broaden influence to private land uses near national roads.

2–6. Purpose, Background, Policy Statement, Goals, and Principles (Sections 2–6)

Section 2.3 states the purpose as providing “clear principles towards development, approval and management of RSFs located adjacent or along or within the National Road Reserve and/or the Building Restriction Area, regardless of the road’s functional classification.”

Authority (2.4–2.5) derives strictly from SANRAL Act sections 44 and 48 (access/egress approvals) and section 26(g) (financial compensation and levies). The policy supplements the Statutory Guideline Manual and includes an explicit caveat that it must comply with the Promotion of Administrative Justice Act (PAJA), the Constitution, and prevailing law—acknowledging that statutes override any conflicting policy provisions.

Policy goals (Section 5) prioritise transformation and equity (5.1): the promotion of B-BBEE, preferential procurement, and meaningful participation/empowerment of historically disadvantaged individuals—especially black people and majority-black-owned entities—in “all business aspects” of RSFs. This aligns with section 217 of the Constitution and SANRAL’s transformation policies. Other goals include road safety, user convenience, economic benefits, climate action (UN SDGs), and EV/NEV integration to reduce range anxiety.

Principles (Section 6) emphasise safety-first, sustainability, integrated planning, and mandatory compliance with transformation requirements for applicants. The 2026 draft strengthens EV/NEV focus and transformation language relative to the 2021 version, applying them more uniformly to private and public operators.

7. RSF Location Criteria and Service Provision (Section 7)

SANRAL determines RSF type, size, and minimum distances/spacing on all national roads (Classes 1–3). Decisions factor in road classification, AADT, urban/rural setting, and criteria in Tables 1 and 2.

Table 1 (Allowable Facilities & Maximum Sizes – GLA, paraphrased from gazette) caps sizes as follows:

• RSF (Rural): 350 m² total.
• RSF (Urban): 500 m².
• Maxi Service Area: 2,250–2,500 m² (sources vary slightly on exact maxi figure).
• Public Charging RSF (dedicated EV focus): 300 m².
• Truck Stop: 3,000 m².

Table 2 grades allowable facilities by road class, urban/rural context, and AADT thresholds (e.g., high-traffic Grade 1 urban roads >6,000 AADT permit urban RSF or maxi options).

Facilities must avoid impairing road mobility, future upgrades, or functioning as “trip generators/destinations” (cross-referencing TRH26 access management guidelines). Ancillary services stay strictly limited; developments exceeding size caps trigger conventional traffic-generating application processes under broader planning rules.

8. Additional Criteria and Objectives (Section 8)

The policy requires environmental, spatial planning, safety, and operational standards. Developments must integrate with broader government policies on sustainable development and transformation. SANRAL imposes conditions on design, access geometry, signage (per SARTSM), and operations.

9. Legislative and Policy Framework (Section 9)

Core anchors include the SANRAL Act (ss 44/48 for access; s 26(g) for levies), TRH26, COTO guidelines, and PAJA. The policy supplements—but does not override—other laws such as NEMA (environmental) or SPLUMA (spatial/land-use planning), though critics argue the draft effectively encroaches on these domains.

10. Additional Scope of This Policy (Section 10) — Primary Controversy

This section significantly broadens the application. It covers facilities on or adjacent to national roads, within the building restriction area, and (in specified cases) developments near intersections or requiring access approvals—even on private or public land where access/egress is involved. The scope explicitly includes EV charging, alternative fuels, and ancillary retail. Public and stakeholder interpretations, informed by draft language and 2021 precedents, suggest potential reach to businesses within ~60m of the road or 500m of intersections. Analysts identify this as the core allegation of overreach: SANRAL assuming de facto land-use planning and commercial regulatory roles beyond pure road-access control.

11. Policy Requirements for Tenders to Establish an RSF (Section 11)

On SANRAL-owned or controlled sites, the policy mandates competitive tendering with mandatory transformation/B-BBEE scoring. Applicants must submit compliant site development plans, designs, and agreements; transformation requirements apply broadly.

12. Financial Compensation (Section 12)

Levies under s 26(g) become a condition of direct access authorisation. SANRAL determines amounts via a published Rates Card (applied prospectively and PAJA-compliant). The draft does not fix exact percentages in the text (2021 referenced 0.5% on fuel / 1% on other; prior proposals sought substantial hikes, with media reports citing potential 7–10% turnover-based levies depending on activity). Separate market-value lease rentals apply on SANRAL land, plus a refundable land reservation fee.

13. Transitional Period (Section 13)

Promulgation repeals the 2021 policy. New applications follow the updated rules exclusively. Pending applications with Stage 1 approval proceed under the new policy; others face rejection or re-assessment under strict timelines (no extensions)—non-compliance results in rejection. Existing RSFs may face retrospective compliance where access approvals apply.

14. Responsibilities (Section 14)

The SANRAL Board monitors via its Transformation and Compliance unit. The policy undergoes review every three years or as required by changes in traffic volumes, legislation, or technology.

Key Changes from the 2021 Policy

The 2021 policy emphasised safety, convenience, private-sector participation, size/spacing limits, and basic transformation. The 2026 draft adds explicit EV/NEV categories and range-anxiety mitigation, strengthens B-BBEE mandates, clarifies the post-SCA levy framework, broadens “additional scope” language, introduces detailed grading/sizing tables, and tightens transitional rules that can invalidate pending applications.

Stakeholder Objections and Analyses

Zero Carbon Charge (CHARGE) submits a formal objection on 25 March 2026. CHARGE argues the draft exceeds the SANRAL Act mandate by venturing into land-use planning, environmental regulation, and commercial market structuring. The policy generates regulatory uncertainty, deters private EV investment (particularly off-grid solar-powered networks), risks Competition Act violations, and positions SANRAL as both regulator and potential competitor. CHARGE recommends strict limitations on access/egress approvals, road safety, building restriction zones, and statutory levies, with transformation confined to SANRAL-owned/contracted sites.

AfriForum objects on unlawful power expansion grounds, citing threats to private landowners, farmers, and roadside businesses through potential BEE imposition on private operators and restricted access/development rights; it requests a comment-period extension. Sakeliga and civil groups echo these points and signal possible litigation.

Agricultural stakeholders (Agbiz and Farmers Weekly, 1 April 2026) warn of a prescriptive departure from the 2016 safety-focused framework. The changes could erode rural competitiveness, raise transport/logistics costs via restricted facilities/spacing, and disadvantage private operators relative to SANRAL-controlled sites. Broader media and civil concerns highlight property rights erosion (s 25 Constitution), conflicts of interest, and threats to existing petrol stations and small businesses.

Practical, Legal, and Economic Impacts

SANRAL frames benefits as standardised safety, controlled EV rollout, transformation advancement, reduced range anxiety, and spacing to prevent unsafe clustering. Analysts flag risks including:

• Legal — Vulnerability to PAJA challenges (procedural fairness, rationality), constitutional property rights claims, and Competition Act scrutiny for market structuring. The policy may exceed pure access control.
• EV Infrastructure — Uncertainty risks delaying private solar/off-grid charging networks during South Africa’s critical energy transition.
• Private Sector/Landowners — Affects farmers, agri-businesses, and roadside operators near national routes (access-dependent). Possible levies, redesigns, or BEE burdens arise even without direct SANRAL contracts.
• Economic — Higher compliance costs, reduced investment, and elevated rural transport expenses. National roads carry the bulk of freight and passenger traffic, magnifying downstream effects.

If finalised, SANRAL consolidates a significant gatekeeper role over roadside economies.

Current Status and Intelligence Outlook (as of 9 April 2026)

The comment period closed on 23 March 2026 with no public update on revisions or promulgation. SANRAL may incorporate inputs to narrow the scope, clarify private-land limits, or bolster procedural safeguards. Analysts assess the likelihood of finalisation as moderate to high, potentially with adjustments to mitigate legal risks arising from the SCA’s 2021 ruling. Persistent stakeholder resistance elevates the chances of further litigation or delays.

Affected parties—landowners, roadside business operators, farmers, and EV developers—should closely monitor gov.za, SANRAL announcements, and Department of Transport channels. They should review the full 39-page gazette PDF, evaluate site-specific access dependencies, and consult legal experts on administrative, constitutional, competition, and property law implications. The situation remains fluid; analysts continue tracking developments for any revisions or final notices.

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