Court blocks Sanral

LEVIES: 'NEW' POLICY ON REST AND SERVICE FACILITIES DECLARED UNLAWFUL

- Roy Cokayne

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:

►0.5% to 2.5% on petroleum products; and

►1% to 6% on all other sales on the property.

The SCA referred the matter to Sanral for reconsideration and compliance with the Sanral Act.

Costs were ordered against Sanral.

The SCA issued these orders to an appeal lodged by Casper Kasselman, Gertruida Kasselman, BDV Administration of States (Pty) Ltd and Loxodonta (Pty) Ltd, collectively known as the Trust.

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.