Zero Carbon Charge (Charge) has objected to the South African National Roads Agency Limited’s (Sanral) draft amendments to its Rest and Service Facilities (RSF) policy, warning that the proposals exceeded the agency’s legal powers, threatened private investment in electronic vehicle (EV) infrastructure and imposed far-reaching control over roadside land use.
Charge, the developer of a national network of off-grid, solar-powered EV charging stations, said on Wednesday that the draft policy in its current form risked undermining private-sector investment, delaying critical infrastructure roll-out and creating regulatory uncertainty at a pivotal moment in South Africa’s transition to electric mobility.
The company’s off-grid network already includes a fully operational charging site at Wolmaransstad, with two new stations under construction along the N3 corridor between Johannesburg and Durban scheduled to open in May.
In its submission, Charge lists five core objections to the policy:
* Sanral is exceeding statutory powers under the Sanral Act into land-use planning, environmental regulation and commercial market structuring.
* Its regulatory overreach may be unlawful and reviewable under the Promotion of Administrative Justice Act.
* There is a conflict of interest by positioning Sanral as regulator, market planner and potential participant.
*The policy creates investment uncertainty with its retrospective provisions and discretionary approvals.
* It potentially violates the Competition Act.
“The roll-out of EV charging infrastructure is time-sensitive and capital-intensive. It depends on a policy environment that is clear, lawful and supportive of investment,” said Joubert Roux, co-founder and chair 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.”
Charge has called for the RSF policy to be revised to align strictly with Sanral’s legislated mandate, limiting its scope to access and egress approvals, road safety considerations, structures within building restriction areas and access levies.
AfriForum also raised concern about the policy, warning that the amendments would empower the roads agency to dictate where facilities may be located, what businesses may operate, how far apart they must be and under what conditions access may be granted or altered.
Of particular concern is the impact on private landowners, farmers and agri-businesses that rely on national road access for farm stalls, tourism ventures, accommodation and retail.
“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,” said Marais de Vaal, AfriForum’s adviser for environmental affairs.
AfriForum said it had requested an extension of the public comment period and would submit comments.
