The South African National Roads Agency Limited and National Roads Act, 1998 (Act No. 7 of 1998)Chapter 5 : Official Policies on, and Declaration, Use and Protection of, National Roads52. Trading on national road or in building restriction area |
| (1) | Except as provided in subsection (2), no person may without the Agency’s written permission or contrary to the terms of the written permission, carry on any trade or expose, offer or manufacture for sale any goods on a national road or in a building restriction area. |
| (2) | Subsection (1) does not apply to any person who, after the date on which a road or route is declared a national road under section 40, continues, on land forming part of the national road or building restriction area, any business or undertaking which was carried on or conducted on that land immediately before that date, unless that person, by notice in writing, has been directed by the Agency to discontinue the business or undertaking before a date stated in the notice, and that date has arrived. |
| (3) | Any employee of the Agency or person authorised thereto in writing by the Agency, any employee of the Agency mentioned in section 54(1), any employee of a municipality or province designated or appointed to perform law enforcement functions on a national road by virtue of an agreement entered into under section 54(3), and any person who in terms of a road traffic law is a traffic officer for the purpose of the road traffic law, may— |
| (a) | if such an employee, officer or person (in this section called the competent official) suspects on reasonable grounds that a person has performed an act for which the Agency’s written permission is required in terms of subsection (1), demand that the person then and there produces to the competent official the Agency’s written permission to perform that act; |
| (b) | if the person to whom the demand is made, fails to produce such a written permission to the competent official, or if the competent official suspects on reasonable grounds that a person has performed on a national road or in a building restriction area any act that is unlawful in terms of subsection (1)— |
| (i) | demand that the person’s full name and residential address be furnished by the latter then and there; |
| (ii) | order that person to remove from the building restriction area or the national road— |
| (aa) | every article with or in respect of which that act has been performed or which the competent official suspects on reasonable grounds to be destined for use for or in connection with the performance of such an act by that person; or |
| (bb) | any structure, tent, vehicle, implement or other object in, on or with which that act has been performed, or in or on which there is such an article, or which the competent official suspects on reasonable grounds to be destined for use for or in connection with the performance of such an act by that person; |
| (c) | remove from the national road or the building restriction area any article, structure, tent, vehicle, implement or other object mentioned in paragraph (b)(ii), or which the competent official finds on the national road or in the building restriction area and suspects on reasonable grounds to have been used, or to be destined for use, by any person in connection with a contravention of subsection (1). |
| (4) |
| (a) | A person is guilty of an offence— |
| (i) | upon contravening any provision of subsection (1); or |
| (ii) | when failing to furnish the latter’s full name and residential address to a competent official demanding it in terms of subsection (3)(b)(i); or |
| (iii) | upon having failed to obey an order given to that person under subsection (3)(b)(ii). |
| (b) | A person convicted of an offence mentioned in paragraph (a) will be punishable with a term of imprisonment not longer than three months, or a fine. |