09 November 2023 - NW1556
Seitlholo, Mr IS to ask the Minister of Transport
Whether, with regard to the matter of the SA National Road Agency SOC Ltd (SANRAL) relating to Farm Biesjesvallei, 149, Portion 106 and a certain person (name furnished), the portion of the farm belong to SANRAL; if not, what is the status of the transfer; if so, what are the relevant details?
The property in question relates to a historic matter where the landowner signed an agreement with SANRAL and agreed to the transfer of the road portion to SANRAL’s name without compensation. The portion of property falls within the road reserve of N14 section 11 that was taken over from the Province and declared as a National Route in 2006 under Declaration 217 of 2006. The N14 has been in existence for more than 25 years as a provincial road before its declaration a National Road in 2006. The transfer relates to a process where SANRAL transferred the road reserve (between road fence boundaries) of roads that were ceded to SANRAL by the Province or Municipalities. In nearly all instances a lifetime right was acquired by the previous Roads Authority but the road reserve portion (between road fence boundaries) was never separated or subdivided from the original owner’s property. The landowner has no control or use of the road reserve portion (between road fence boundaries) as he cannot lawfully prevent the public from using the road, hence it is considered a bare dominium to him. This is also to the benefit of the landowner as he/she will now pay rates on a smaller portion of land that excludes the road reserve portion.
Landowners are not compensated for the road reserve portion during the transfer process because they were compensated for their land by the previous Roads Authority that ceded the road to SANRAL.
Although the landowner originally agreed, the issue of compensation later became a major contention from the landowner and was never resolved as no agreement could be reached with him in this regard.
Despite numerous engagements, the landowner was unwilling to sign transfer documents and was served with a notice informing him about the matter and that it was going to be referred to the Minister of Transport for expropriation of the road reserve portion (between road fence boundaries) if he did not sign the necessary transfer documents. The matter will be referred to the Minister of Transport for expropriation as per SANRAL Act..