Who and what is AfriForum?

AfriForum is an Afrikaans civil rights organisation that protects the rights of minority groups at national as well as provincial level, and anyone who can identify with AfriForum’s principles and objectives may join the organisation. AfriForum’s community plan focuses on mobilising communities to thus take control of their own streets and neighbourhoods again. AfriForum ensures that your constitutional and civil rights are recognised and protected at national level.

Wie en wat is AfriForum?

AfriForum is ’n Afrikaanse burgerregteorganisasie wat die regte van minderheidsgroepe op sowel nasionale as provinsiale vlak beskerm, en enigiemand wat met AfriForum se beginsels en doelstellings kan identifiseer, mag by die organisasie aansluit. AfriForum se gemeenskapsplan fokus daarop om gemeenskappe te mobiliseer om só weer beheer terug te neem oor hul eie strate en woonbuurtes. AfriForum verseker dat jou grondwetlike én burgerregte op nasionale vlak erken en beskerm word.

SANRAL policy raises alarm over expanding state control of roadside land use

Soundbite: Marais de Vaal (English)

Soundbite: Marais de Vaal (Afrikaans)

AfriForum warns that the South African National Roads Agency’s (SANRAL) draft amendments to its Rest and Service Facilities (RSF) policy could unlawfully expand SANRAL’s powers and negatively affect private landowners, farmers and roadside businesses. While the draft policy is presented as a framework to modernise roadside infrastructure, including accommodating developments such as electric vehicle charging stations and alternative fuel facilities, AfriForum is of the opinion that its implications extend far beyond traditional rest stops and fuel stations.

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. These are functions that typically fall within the jurisdiction of municipalities and environmental authorities, raising questions about the lawfulness of SANRAL assuming such a role.

Of particular concern is 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. According to AfriForum, the proposed policy could restrict these activities, limit future development opportunities and impose additional regulatory and financial burdens.

AfriForum further argues that the draft policy also creates a potential conflict of interest. SANRAL would 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 would effectively act as regulator and market participant at the same time.

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

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

AfriForum intends to submit comments on the draft amendments and has requested the Department of Transport to extend the public comment period to allow sufficient time for meaningful consultation with interested parties or for a thorough legal and policy analysis. Regardless of the Department’s response on the organisation’s request, the public can still rely on AfriForum’s involvement in the process, which will ensure that any final policy is legal, proportionate and in the public interest.