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The South African National Roads Agency Limited and National Roads Act, 1998 (Act No. 7 of 1998)

Chapter 4 : Finances and Accountability

34. Funding of Agency



(1) The Agency is funded and provided with capital from—
(a) the capital invested in or lent to the Agency as contemplated in section 8;
(b) the levies on petrol and distillate fuel to be paid to the Agency in compliance with or in terms of any law by or in terms of which that levy is imposed;
(c) loans granted to or raised by the Agency in terms of section 33;
(d) interest on the Agency’s cash balances or on moneys invested by it;
(e) income earned from the Agency’s participation in joint ventures in terms of section 26(d);
(f) income derived from the sale of the Agency’s assets;
(g) all toll payable to the Agency in terms of Chapter 3;
(h) fines payable by persons as penalty on their conviction of offences created by this Act, and all civil fines or penalties payable by persons for contravening of this Act, whether imposed under section 27(5) or through the application of a points demerit system in terms of section 29, or otherwise;
(i) income generated through developing, leasing out or otherwise managing its assets within the scope of this Act;
(j) any other levies and any fees, rentals or other moneys charged by and payable to the Agency in terms of this Act;
(k) moneys appropriated by Parliament from time to time to supplement the Agency’s funds; and
(l) moneys received by way of grant, donation or inheritance from any source, whether inside or outside the Republic.


(2) Moneys that in terms of subsection (1) are the funds of the Agency, will be used in accordance with the Agency’s business and financial plan as approved by the Minister, to meet the expenditure incurred by the Agency in connection with its functioning, operations and work in terms of this Act.


(3) The Agency must keep separate accounts of all moneys received as toll or otherwise in connection with toll roads and of the interest earned on the investment of those moneys. Those moneys may be used only for—
(a) meeting expenditure connected with the acquisition of land for toll roads, any investigations and surveys with regard to toll roads and the planning, designing and construction of, and any other work in connection with, toll roads, including the erection of toll plazas and any facilities in connection therewith;
(b) the maintenance and operation of toll roads and toll plazas and any facilities connected with toll roads and toll plazas;
(c) paying off any loan mentioned in section 61(5)(a) or raised in terms of section 33 to finance toll roads, and the payment of interest on such a loan.


(4) For the purposes of subsection (1)(b)—
(a) ‘‘distillate fuel’’ means diesel fuel, and includes any other substance, or any mixture of diesel fuel and such other substance, which is normally capable of being used as fuel in a compression ignition engine; and
(b) ‘‘petrol’’ means, in addition to petrol, any other substance, or any mixture of petrol and such other substance, which is normally capable of being used as fuel in a spark ignition engine.