A decision to adopt and retrospectively apply a new policy on rest and service facilities on national roads by the South African National Roads Agency (Sanral) has been declared unlawful and of no force and effect by the Supreme Court of Appeal (SCA). Also reviewed and set aside was Sanral’s decision to increase the levy percentages paid to it by the developers of these facilities on their gross turnover value excluding value-added tax (Vat) from: The SCA referred the matter to Sanral for reconsideration and compliance with the Sanral Act. Sanral and the ministers and departments of transport and mineral resources and energy were cited as respondents.
This followed the High Court in Pretoria dismissing an application by the Trust to review and set aside a decision of Sanral to adopt and retrospectively apply the new roads policy, with increased levy percentages, for permission to obtain access to and egress from national roads. The Trust wants to construct and operate a filling station and rest facilities on the road between Klerksdorp and Wolmaransstad, and started negotiations with Sanral in 2016. Sanral is the registered servitude holder of the road reserve next to national roads, including the N12, where the Trust wants to erect its filling station and rest facility.
At the time, and in terms of a Sanral policy that applied in 2016, a fee structure was in place, according to which Sanral could levy 0.5% on the gross sale of petroleum products and 1% on the gross sale of all other products on the property. The process to obtain permission to construct the filling station went through three stages. All requirements were met and the parties were at the point of finalising the agreement at the end of 2020.
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