NATIONAL ROADS AMENDMENT ACT

NO. 24 OF 1996

[ASSENTED TO 16 APRIL, 1996][DATE OF 
COMMENCEMENT: 19 APRIL, 1996]

(Unless otherwise indicated)

(English text signed by the President)

ACT

To amend the National Roads Act, 1971, so as to amend and 
insert certain definitions; to provide for the application of the 
Act; to further regulate the National Road Fund; to further 
regulate assets acquired from the fund; to further regulate the 
declaration of a national road; to further regulate the general 
powers, functions and duties of the South African Roads Board; 
to provide for the delegation of certain powers and functions of 
the Board; to amend certain provisions in view of the 
Constitution of the Republic of South Africa, 1993; to provide 
for the charging of a certain compensation; to further regulate 
the limitation in respect of the institution of actions; to repeal or 
amend certain obsolete provisions and expressions; and to 
further regulate the commencement of the National Roads 
Amendment Act, 1992; to amend the South African Roads 
Board Act, 1988, so as to further regulate the performance of 
the executive and administrative work of the Board; and to 
provide for matters connected therewith.

1.   Amends section 1 of the National Roads Act, No. 54 of 
1971, as follows:—paragraph (a) deletes the definition of 
“Administrator”; paragraph (b) substitutes the definition of 
“local authority”; paragraph (c) substitutes the definition of 
“national road”; paragraph (d) inserts the definitions of 
“Premier” and “province”; paragraph (e) substitutes the 
definition of “regulation”; and paragraph (f) substitutes the 
definition of “toll gate”.

2.   Inserts section 1A in the National Roads Act, No. 54 of 
1971.

3.   Amends section 2 of the National Roads Act, No. 54 of 
1971, as follows:—paragraph (a) substitutes subsection (1) (b) 
and (bA); paragraph (b) substitutes subsection (1A) (f); 
paragraph (c) deletes subsection (1) (g); paragraph (d) 
substitutes subsection (3) (a); paragraph (e) deletes subsection 
(3) (c); paragraph (f) substitutes the words preceding subsection 
(3A) (a); paragraph (g) substitutes subsection (4) (a); paragraph 
(h) substitutes subsection (4) (d); paragraph (i) substitutes 
subsection (7); and paragraph (j) substitutes subsection (9) (a).

4.   Amends section 3 (2) (a) of the National Roads Act, No. 54 
of 1971, as follows:—paragraph (a) substitutes subparagraph 
(i); paragraph (b) adds the word “and” at the end of 
subparagraph (iii); and paragraph (c) adds subparagraph) (iv).

5.   Amends section 4 of the National Roads Act, No. 54 of 
1971, as follows:—paragraph (a) substitutes subsections (1) and 
(2); and paragraph (b) deletes subsections (3), (4) and (5).

6.   Amends section 5 (1) of the National Roads Act, No. 54 of 
1971, as follows:—paragraph (a) substitutes paragraphs) (b), (c) 
and (cA); paragraph (b) substitutes paragraph (f); paragraph (c) 
substitutes paragraph (m); and paragraph (d) adds paragraphs) 
(n), (o), (p), (q), (r) (date of commencement 1 August, 1993), 
(s) and (t).

7.   Amends section 6 of the National Roads Act, No. 54 of 
1971, as follows:—paragraph (a) substitutes subsection (1); 
paragraph (b) substitutes subsection (2) (a); paragraph (c) 
substitutes subsection (2) (d) and (e); paragraph (d) substitutes 
subsection (3) (a); and paragraph (e) adds subsection (3).

8.   Amends section 7 of the National Roads Act, No. 54 of 
1971, as follows:—paragraph (a) substitutes subsection (1); and 
paragraph (b) deletes subsection (3).

9.   Amends section 8 (1) of the National Roads Act, No. 54 of 
1971, as follows:—paragraph (a) substitutes paragraphs (a) and 
(b); and paragraph (b) substitutes paragraph (d).

10.   Amends section 9 of the National Roads Act, No. 54 of 
1971, as follows:—paragraph (a) substitutes subsection (1) (a) 
and (b); paragraph (b) deletes subsection (1) (c); paragraph (c) 
deletes subsection (3) (a); paragraph (d) substitutes subsection 
(4A); and paragraph (e) substitutes subsection (5) (a).

11.   Amends section 15 of the National Roads Act, No. 54 of 
1971, by substituting subsection (2).

12.   Inserts section 15A in the National Roads Act, No. 54 of 
1971 (date of commencement 1 August, 1993).

13.   Repeals section 19 of the National Roads Act, No. 54 of 
1971.

14.   Amends section 20 (1) of the National Roads Act, No. 54 
of 1971, by inserting paragraph (bA).

15.   Amends section 25 (1) of the National Roads Act, No. 54 
of 1971, by substituting the words preceding paragraph (a).

16.   Amends section 28 of the National Roads Act, No. 54 of 
1971, by substituting subsection (3).

17.   Amendment of Act 54 of 1971.—The principal Act is 
hereby amended—

(a)by the substitution for the words “the Administrator” and “an 
Administrator”, wherever they occur, of the words “the 
Premier” and “a Premier”, respectively;

(b)by the substitution for the words “State President”, wherever 
they occur, of the word “President”; and

(c)by the substitution for the expression “Minister of State 
Expenditure”, wherever it occurs, of the expression “Minister of 
Finance”.

18.   Commencement of Act 100 of 1992.—The National Roads 
Amendment Act, 1992 (Act No. 100 of 1992), excluding 
sections 7 (d), 9 (a) and 10, shall be deemed to have come into 
operation on 1 July 1992.

19.   Amends section 16 of the South African Roads Board Act, 
No. 74 of 1988, by adding subsection (3).

20.   Repeal of laws, and saving.—(1)  The National Roads Act, 
1971 (Act No. 54 of 1971), which continued in force in terms of 
section 2 of the Status of the Transkei Act, 1976 (Act No. 100 
of 1976), section 2 of the Status of Bophuthatswana Act, 1977 
(Act No. 89 of 1977), section 2 of the Status of Venda Act, 
1979 (Act No. 107 of 1979), and section 2 of the Status of 
Ciskei Act, 1981 (Act No. 110 of 1981), in the relevant 
territories and which is still in force in those territories are 
hereby repealed.

(2)  If the Board has in terms of a provision of the National 
Roads Act, 1971, which has been amended or deleted by this 
Act, agreed or undertaken, or incurred any obligation, to 
perform any work, such agreement, undertaking or obligation 
shall be executed as if that provision of the Act concerned has 
not been so amended or repealed.

21.   Short title and commencement.—(1)  This Act shall be 
called the National Roads Amendment Act, 1966.

(2)  Section 5 (1) (r) of the principal Act, as inserted by section 
6 of this Act, and section 12 of this Act shall be deemed to have 
come into operation on 1 August 1993.