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

Chapter 3 : Functions, Powers and Responsibilities of Agency

32. Protection of national interest and Republic's strategic and economic interests

 

 

(1) If the Agency should act contrary to the national interest or the strategic or economic interests of the Republic, the Minister, by notice in writing to the Board, may order the Agency to discontinue the offending act or conduct.

 

(2) The Board and the Chief Executive Officer are responsible to ensure that any lawful order issued under subsection (1) is complied with.

 

(3)        

(a) The Minister may request the Agency in writing to plan, design and construct a new national road or to maintain or rehabilitate any particular national road, despite the fact that such a project has not been budgeted for by the Agency and is not included in its business and financial plan, subject to paragraph (b).

(b)        The Agency must comply with the Minister’s request and commence with the project if—

(i) the Minister has certified the project as being urgently necessary in the national interest or for the strategic or economic interests of the Republic; and
(ii) the State bears the cost of the project and makes the necessary funds available to the Agency for that purpose.