SOUTH AFRICAN ROADS BOARD ACT

NO. 74 OF 1988

[ASSENTED TO 23 JUNE, 1988][DATE OF 
COMMENCEMENT: 1 APRIL, 1989]

(English text signed by the State President)

as amended by

National Roads General Amendment Act, No. 27 of 1994

South African Roads Board Amendment Act, No. 15 of 1995

National Roads Amendment Act, No. 24 of 1996

ACT

To establish a South African Roads Board and a Toll Roads 
Committee; to determine the functions of that board and of that 
committee; and to provide for matters connected therewith.

1.   Definitions.—In this Act, unless the context otherwise 
indicates—

“Board” means the South African Roads Board established by 
section 2;

“committee” means a committee established under section 9;

[Definition of “committee” substituted by s. 1 (a) of Act No. 15 
of 1995.]

“Department” means the Department of Transport;

“Director-General” means the Director-General: Transport;

“employee” means an employee as defined in section 1 (1) of 
the Public Service Act, 1994;

[Definition of “employee” substituted by s. 1 (b) Act No. 15 of 
1995.]

“local authority” means a local authority as defined in section 1 
of the Promotion of Local Government Affairs Act, 1983 (Act 
No. 91 of 1983);

“Minister” means the Minister of Transport Affairs;

“National Road Fund” means the National Road Fund referred 
to in section 2 of the National Roads Act, 1971 (Act No. 54 of 
1971);

“officer” means an officer as defined in section 1 (1) of the 
Public Service Act, 1994;

[Definition of “officer” substituted by s. 1 (c) of Act No. 15 of 
1995.]

“Toll Roads Committee” . . . . . .

[Definition of “Toll-Roads Committee” deleted by s. 1 (d) of 
Act No. 15 of 1995.]

2.   Establishment of South African Roads Board.—(1)  There is 
hereby established a board to be known as the South African 
Roads Board.

(2)  The Board shall be a juristic person.

3.   Constitution of Board.—(1)  The Board shall consist of 12 
members, appointed by the Minister, of whom—

(a)one shall be the Director-General, who shall also be the 
chairman of the Board;

(b)two shall be officers in the Department, nominated by the 
Director-General, and who in his opinion have adequate 
knowledge of the planning, construction and maintenance of 
roads;

(c)two shall be persons nominated by the Premiers of the 
provinces and who, in the opinion of the said Premiers have 
adequate knowledge of the planning, construction and 
maintenance of roads;

[Para. (c) substituted by s. 2 (b) of  Act No. 15 of 1995.]

(d)one shall be a person who is in the service of a local authority 
and who has wide experience of, and has shown ability in 
relation to, matters connected with the planning, construction 
and maintenance of roads;

(d A)one shall be a person associated with an academic or 
research institution and who has expert knowledge of the 
planning, construction and maintenance of roads; and

[Para. (dA) inserted by s. 2 (d) of Act No. 15 of 1995.]

(e)five shall be persons (one from each of the categories referred 
to in subparagraphs (i), (ii), (iii), (iv) and (v) of subsection (2) 
(b)) nominated in terms of subsection (2) (b), who are not in the 
service of the State and who shall be persons who have wide 
experience of, and have shown ability in relation to, matters 
connected with the planning, construction and maintenance of 
roads or with transport, commerce, finance, mining or 
agriculture.

[Sub-s. (1) amended by s. 2 (a) of Act No. 15 of 1995. Para. (e) 
substituted by s. 2 (e) of Act No. 15 of 1995.]

(2)  To enable him to—

(a)make the appointment contemplated in subsection (1) (d), the 
Minister shall by notice in writing invite as many nominations 
as he may deem necessary from bodies which the Minister, after 
consultation with the Minister for Provincial Affairs and 
Constitutional Development, deems to be representative of local 
authorities;

[Para. (a) substituted by s. 2 (f) of Act No. 15 of 1995.]

(b)make the appointments contemplated in subsection (1) (e), 
the Minister shall by notice in writing invite as many 
nominations as he may deem necessary from bodies which, in 
the opinion of the Minister, represent the interests of—

(i)organized commerce, industry, mining and agriculture;

(ii)motorists;

[Sub-para. (ii) substituted by s. 2 (g) of Act No. 15 of 1995.]

(iii)persons concerned in the planning, design, construction and 
maintenance of roads;

(iv)persons involved in the freight transport industry;

[Sub-para. (iv) added by s. 2 (h) of Act No. 15 of 1995.]

(v)persons involved in the transport of passengers, including the 
passengers themselves.

[Sub-para. (v) added by s. 2 (h) of Act No. 15 of 1995.]

(3)  When nominations have been invited in terms of the 
provisions of subsection (2) and no or insufficient nominations 
are lodged with the Minister within a period determined for the 
lodging of such nominations in the notice inviting such 
nominations, the Minister may, subject to the provisions of 
subsection (1) (d) or (1) (e), as the case may be, instead of a 
person nominated by virtue of the provisions of subsection (2), 
appoint as a member of the Board any other person whom he 
thinks fit.

4.   Term of office of members of Board.—(1)  Subject to the 
provisions of subsection (2), a member of the Board shall hold 
office upon such conditions and for such period as the Minister 
may determine when making the appointment: Provided that—

(a)individual members of the Board may be so appointed by the 
Minister for different periods and upon different conditions;

(b)the Minister may at any time amend the conditions subject to 
which a member of the Board has been appointed.

(2)  Notwithstanding the provisions of subsection (1), a person 
appointed in terms of the provisions of section 3 (1) (e) as a 
member of the Board shall be so appointed for a period not 
exceeding four years.

(3)  Subject to the provisions of section 3 a member of the 
Board shall upon the expiration of his term of office be eligible 
for reappointment by the Minister.

5.   Powers, functions and duties of Board.—(1)  The Board 
shall with effect from the date contemplated in section 3 (1) of 
the Transport Deregulation Act, 1988, exercise the powers and 
perform the functions and duties transferred to it by that section.

(2)  The Board shall in the exercise of its powers and the 
performance of its functions and duties take into 
consideration—

(a)existing and contemplated road facilities; and

(b)existing and contemplated transport facilities.

6.   . . . . .

[S. 6 repealed by s. 3 of Act No. 15 of 1995.]

7.   . . . . .

[S. 7 repealed by s. 3 of Act No. 15 of 1995.]

8.   . . . . .

[S. 8 amended by s. 2 of Act No. 27 of 1994 and repealed by s. 
3 of Act No. 15 of 1995.]

9.   Committees of Board.—(1)  The Board may establish 
committees to assist it in the performance of its functions and 
duties and may from among its members appoint such persons 
as members of any such committee as it may deem fit.

(2)  The Board shall designate one of the members of a 
committee established under subsection (1) as the chairman 
thereof.

(3)  The Board may delegate or assign, subject to such 
conditions as it may deem fit, to any committee established 
under subsection (1), any of its powers, functions or duties, but 
shall not be divested of any power, function or duty so 
delegated or assigned and may amend or withdraw any decision 
made by such committee in the exercise of a power or the 
performance of a function or duty so delegated or assigned.

[Sub-s. (3) substituted by s. 4 of Act No. 15 of 1995.]

10.   Co-option of persons as members of committees.—(1)  A 
committee may, after having obtained the consent of the Board, 
co-opt any person—

(a)to serve on that committee for such period as the committee 
may determine; or

(b)to attend a particular meeting of the committee; or

(c)to take part in the consideration by the committee of a 
particular matter at a particular meeting of the committee.

(2)  A person co-opted in terms of the provisions of subsection 
(1), shall serve on the committee in question or attend the 
relevant meeting of the committee, as the case may be, in an 
advisory capacity and shall, subject to the provisions of 
subsection (3), not be entitled to vote at any meeting of that 
committee.

(3)  The Minister may, on the recommendation of the chairman 
of the Board, direct, in respect of a particular person co-opted in 
terms of the provisions of subsection (1), that that person be 
allowed to vote—

(a)at all meetings of the committee in question during such 
period as the Minister may determine in the direction; or

(b)at a particular meeting, so determined by the Minister, of the 
committee in question,

and may at any time amend or withdraw such direction.

11.   Persons disqualified from membership of Board or 
committee, vacation of office and filling of vacancies.—(1)  No 
person shall be appointed as a member of the Board or of a 
committee or be co-opted as a member of a committee if he—

(a)is an unrehabilitated insolvent;

(b)has at any time been convicted of any offence for which he 
has been sentenced to imprisonment without the option of a fine 
for a period of not less than twelve months, unless he has 
received a grant of amnesty or a free pardon, or unless the 
period of such imprisonment expired at least five years before 
the date of his appointment or co-option; or

(c)is of unsound mind, and has been so declared by a competent 
court.

(2)  A member of the Board or of a committee shall vacate his 
office if he—

(a)becomes subject to any disqualification mentioned in 
subsection (1);

(b)in writing tenders his resignation as a member, in the case of 
the Board, to the Minister, or, in the case of a committee, to the 
chairman of such committee;

(c)has been absent without the leave of the Board, in the case of 
a member of the Board, or without the leave of the committee in 
question, in the case of a member of a committee, from three 
consecutive meetings of the Board or such committee, as the 
case may be; or

(d)is relieved of his office under subsection (3).

(3)  A member of the Board or of a committee may at any time 
be relieved of his office by the Minister if such a member—

(a)has failed to comply with a condition of his appointment;

(b)has, in the opinion of the Minister, been guilty of improper 
conduct;

(c)is, in the opinion of the Minister, unable to perform 
efficiently his duties as such a member; or

(d)is found by the Minister to have contravened a provision of 
section 14.

(4)  Any vacancy on the Board or on a committee arising from a 
circumstance referred to in subsection (2) of this section and 
any such vacancy caused by the death of a member, shall be 
filled by the appointment, in the case of such a vacancy on the 
Board, by the Minister, or, in the case of such a vacancy on a 
committee, by the Board, subject to the provisions of sections 3 
and 9 and of subsection (1) of this section, of another person as 
a member of the Board or of the committee in question, as the 
case may be, and every member so appointed shall hold office 
for the unexpired portion of the period for which the vacating 
member was appointed.

12.   Acting chairman.—If the chairman of the Board or of a 
committee cannot attend any meeting of the Board or of the 
committee in question, as the case may be, he may designate 
any other member of the Board or of the committee, as the case 
may be, as acting chairman for the purposes of such meeting.

13.   Meetings of Board and of committees.—(1)  The Board or 
a committee shall hold meetings at such times and places as 
may from time to time be determined by the chairman of the 
Board or of the committee in question, as the case may be, or, in 
his absence, by the acting chairman concerned who has been 
designated in terms of section 12.

(2)  The Chairman or any acting chairman designated in terms 
of section 12 shall preside at every meeting of the Board or of 
the committee in question, as the case may be, which he is 
required to attend, and if neither the chairman nor the acting 
chairman concerned is able to attend a meeting, the acting 
chairman concerned shall designate one of the other members of 
the Board or of the committee in question, as the case may be, 
to preside at that meeting.

(3)  The quorum for a meeting of the Board shall be seven of the 
members thereof: Provided that at least—

(a)two of the members appointed in terms of the provisions of 
section 3 (1) (a) and (b); and

(b)three of the members appointed in terms of the provisions of 
section 3 (1) (e),

[Para. (b) substituted by s. 5 (b) of Act No. 15 of 1995.]

shall be present at the meeting.

[Sub-s. (3) amended by s. 5 (a) of Act No. 15 of 1995.]

(4)  . . . . . .

[Sub-s. (4) deleted by s. 5 (c) of Act No. 15 of 1995.]

(5)  The quorum for a meeting of a committee shall be the 
majority of its members.

[Sub-s. (5) substituted by s. 5 (d) of Act No. 15 of 1995.]

(6)  A decision of the majority of the members present at any 
meeting of the Board and a decision of the majority of the 
members entitled to vote who are present at any meeting of a 
committee, shall be the decision of the Board or the committee 
in question, as the case may be, and in the event of an equality 
of votes the person presiding at the meeting shall have a casting 
vote in addition to his deliberative vote.

(7)  A decision of a committee shall be deemed to be a decision 
of the Board, save in so far as the Board may otherwise direct.

(8)  A committee shall not have the power to amend or set aside 
any decision of the Board.

(9)  The Board as well as any committee shall cause minutes to 
be kept of every meeting thereof.

14.   Impartiality and validity of decisions.—(1)  If—

(a)a member of the Board or of a committee (including, in the 
case of a committee, a co-opted member), in his personal 
capacity;

(b)any near relation of such a member; or

(c)any person who or body which is represented by such a 
member,

has any direct or indirect financial interest in any matter to be 
dealt with at any meeting of the Board or the committee in 
question, such member shall not—

(i)attend that meeting;

(ii)in any other manner take part in the consideration of such 
matter by the Board or the committee in question, as the case 
may be; or

(iii)in any manner endeavour to influence the opinion or vote of 
any other member of the Board or the committee in question, as 
the case may be, in connection with the said matter:

Provided that the provisions of paragraph (c) shall not be 
construed as also relating to the representative capacity of any 
member in relation to any institution, authority, sector or 
department of State envisaged in section 3 (1).

(2)  No decision taken by the Board or a committee or act 
performed under authority of the Board or a committee shall be 
invalid by reason only of an interim vacancy on the Board or 
such a committee, or of the fact that a person who was not 
entitled to sit as a member of the Board or such a committee or 
to attend any meeting of the Board or such a committee, sat as a 
member or attended such meeting at the time when the decision 
was taken or the act was authorized, if the decision was taken or 
the act was authorized by the requisite majority of the members 
of the Board or the committee in question, as the case may be, 
who were present at the time and entitled to sit as members or to 
attend the meeting.

15.   Remuneration and allowances of members of Board and of 
committees.—(1)  Subject to the provisions of subsection (2), a 
member of the Board or of a committee shall be paid such 
remuneration and allowances from the National Road Fund as 
may in each case be determined by the Minister with the 
concurrence of the Minister of Finance.

(2)  A member of the Board or of a committee who is a person 
in the service of the State shall not, in respect of the services 
rendered by him as chairman, acting chairman or a member of 
the Board or of a committee, be paid any remuneration in 
addition to his salary as a person in the service of the State, nor 
shall such member be paid any allowance in respect of 
subsistence or transport costs at a rate higher than that 
applicable to him as a person in the service of the State.

(3)  A person who is co-opted in terms of the provisions of 
section 10 as a member of a committee and who is not in the 
full-time service of the State may, in respect of his services as 
such a co-opted member and expenditure incurred by him in 
connection with the rendering of such services, be paid such 
remuneration (if any) and allowances from the National Road 
Fund as the Minister may, with the concurrence of the Minister 
of Finance, from time to time determine generally in respect of 
such co-opted persons or in respect of a particular person so co-
opted.

16.   Secretarial work of Board and committees.—(1)  The 
secretarial work incidental to the performance by the Board or a 
committee of its functions and duties shall be performed, 
subject to the control and directions of the Director-General, by 
such officers or employees in the Department as may be 
designated for that purpose by the Director-General.

(2)  All executive and administrative work arising out of the 
performance by the Board or a committee of its functions and 
duties, shall be undertaken by the Department.

(3)  Notwithstanding the provisions of subsection (2), the Board 
may have any executive or administrative work done by any 
other person, on such terms and conditions as may be 
determined by agreement between the Board and such other 
person, if—

(a)the Director-General does not have officials available in the 
Department with the necessary expertise to perform such work 
efficiently; or

(b)the Director-General does not have sufficient personnel 
available in the Department to perform such work.

[Sub-s. (3) added by s. 19 of Act No. 24 of 1996.]

17.   Financing and adjustment.—(1)  Expenditure incurred by 
the Board or a committee in the exercise of its powers and the 
performance of its functions and duties, shall be defrayed from 
moneys made available from the National Road Fund by the 
Minister.

(2)  There shall be paid from the National Road Fund into the 
State Revenue Fund, at such times as may be determined by the 
Minister with the concurrence of the Minister of Finance, such 
amounts as may be so determined as recoverable amounts in 
respect of—

(a)remuneration paid by the State to a member of the public 
service in that capacity, who is a member of the Board or of a 
committee or who is co-opted as a member of a committee and 
who, in the opinion of the Minister, devotes the whole or a 
substantial portion of his time to his functions in the latter 
capacity;

(b)contributions paid by the State to a pension or provident fund 
in respect of a member of the public service in that capacity, 
who is a member of the Board or of a committee and who, in 
the opinion of the Minister, devotes the whole or a substantial 
portion of his time to his functions in the latter capacity;

(c)expenditure of State money occasioned by the application of 
the provisions of section 16.

18.   Annual report.—(1)  The Board shall as soon as 
practicable after 31 March of each year but not later than 31 
December of that year submit to the Minister a report 
(hereinafter referred to as the annual report) giving particulars 
regarding the activities of the Board and of each committee 
during the year which has ended on the first-mentioned date.

(2)  The Board shall in the annual report make specific mention 
of any matter in connection with which any recommendation 
made by the Board or a committee to the Minister during the 
relevant year was not acted upon.

(3)  The Minister shall lay a copy of the annual report upon the 
Table in Parliament within thirty days after it has been received 
by him if Parliament is then in session, or, if Parliament is not 
then in session, within thirty days after the commencement of 
its next ensuing session.

19.   Short title and commencement.—(1)  This Act shall be 
called the South African Roads Board Act, 1988, and the 
provisions thereof shall come into operation on a date fixed by 
the State President by proclamation in the Gazette.

(2)  Different dates may in terms of subsection (1) be fixed in 
respect of different provisions of this Act.