The South African National Roads Agency’s (Sanral’s) proposed overhaul of its rest and service facilities (RSF) policy could derail private investment in electric vehicle (EV) infrastructure at a critical time for the country’s energy transition, says Zero Carbon Charge (Charge).
In a statement, the mobility infrastructure company confirms it has lodged a detailed objection to the amendments put forward by Sanral.
It argues that the policy introduces legal, regulatory and commercial risks that could slow the rollout of charging stations across the national road system.
Last month, the Department of Transport (DOT) gazetted the amendments to the 2026 Sanral policy for RSF for national roads, and requested public comments.
The policy acts as a replacement for the 2021 version deemed unlawful by the Supreme Court of Appeal, aiming to strengthen control over location, type and distance between sites.
According to the DOT, the proposed policy aims to regulate EV charging stations, foster transformation and control the development of facilities along national roads.
By including EV charging, the policy ensures the transition away from petrol/diesel is regulated, and that key infrastructure remains tied to state-controlled road networks, says the department.
The amendments collectively expand Sanral’s role from being a road infrastructure manager, to a commercial regulator, revenue collector and strategic planner of roadside economies.
Among other changes, Sanral is proposing to play a decisive role in how quickly EV infrastructure scales in SA, and to make decisions on which areas new charging infrastructure should be built.
Sanral is currently holding broader stakeholder consultations on the new regulations around the country.
According to Charge, the draft policy ventures into areas such as land use planning, environmental regulation and broader market structuring, raising concerns about regulatory overreach.
The company also flags potential legal vulnerabilities, warning that aspects of the policy could be challenged under the Promotion of Administrative Justice Act, while simultaneously raising competition concerns linked to the Competition Act.
Charge argues that Sanral’s proposed role as regulator, planner and possible market participant could distort fair competition.
Charge cautions that discretionary approvals and retrospective provisions could undermine confidence in long-term infrastructure projects, particularly in a sector that requires significant upfront capital.
“The rollout of EV charging infrastructure is time-sensitive and capital-intensive. It depends on a policy environment that is clear, lawful and supportive of investment,” says Joubert Roux, co-founder and chairperson of Charge.
“In its current form, the proposed RSF policy introduces uncertainty and overreach that could significantly constrain progress at a time when fuel prices are spiking and electric mobility is critical to be independent and safeguarded from geopolitical volatility.”
Risky results
Charge further warns that, if left unchanged, the policy could have unintended consequences for SA’s broader economic and energy objectives, particularly efforts to accelerate electric mobility and reduce reliance on imported fuel.
Charge is calling for a narrower interpretation of Sanral’s role, arguing that the RSF policy should be confined to core road management functions.
This includes regulating how vehicles safely access national roads, ensuring developments do not compromise road safety, overseeing infrastructure within designated road reserve areas, and administering access-related levies as provided for in legislation.
“Charge also proposes clearer alignment with existing legal frameworks. We recommend that environmental matters fall under the National Environmental Management Act, and spatial planning be governed by the Spatial Planning and Land Use Management Act, alongside municipal authorities.”
In addition, Charge argues that transformation requirements should only apply where Sanral is directly involved as a contracting party or landowner.
“Charge is urging Sanral to confirm that the framework will apply only to future developments and not affect existing applications, while also introducing clear administrative timelines aligned with procedural fairness requirements.”
The intervention comes as Charge continues to roll out its off-grid, solar-powered charging network, to enable long-distance EV travel, while reducing pressure on the national grid.
Meanwhile, advocacy group AfriForum has also raised concerns, noting the proposed 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.”
According to AfriForum, the proposed amendments will empower Sanral 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.”
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