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

Chapter 6 : General and Miscellaneous Provisions

61. Transitional provisions, and savings
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(1)Subject to this Act, any notice, authorisation, permission, approval, decision, exemption, direction, order, suspension, determination or condition issued, given, granted, made or imposed under any provision of the previous Act, and any other act or thing performed or done under such a provision, will be regarded and treated as having been issued, given, granted, made, imposed, performed or done under the corresponding provision of this Act by the person or functionary competent in terms of this Act to do so.

 

(2)Except where any other provision is made by this Act or in any agreement entered into by the Minister and the Agency and published in terms of section 7(3), and subject to subsection (3) of this section, the Agency will be the legal successor of the South African Roads Board or the State with regard to, and must be substituted for the South African Roads Board or the State in, any contract or agreement entered into with any person before the incorporation date by or on behalf of the South African Roads Board (including an agreement with a municipality or the Premier of a province), or by or on behalf of the Minister representing the State (as the case may be), if—
(a)by the incorporation date, the term of the relevant contract or agreement has not yet expired; and
(b)that contract or agreement is one which has been concluded in terms of the previous Act and which relates to any matter falling within the scope of the Agency’s powers, functions and duties in terms of this Act.

 

(3)
(a)Unless any other provision has been made in an agreement entered into by the Minister and the Agency and published in terms of section 7(3)—
(i)the State, as represented by the Minister, will be substituted for the South African Roads Board as party in any legal proceedings instituted by or against the South African Roads Board before the incorporation date and still pending on that date, where the legal proceedings entail a contractual or delictual claim founded on a cause of action relating to or arising from the financing, construction, operation, management, control, maintenance or rehabilitation of a national road under the previous Act;
(ii)any  legal  proceedings entailing a contractual or delictual claim founded on a cause of action which arose before the incorporation date, relates to or arises from the financing, construction, operation, management, control, maintenance or rehabilitation of a national road under the previous Act and which is brought after the incorporation date, must be instituted by or against the State as represented by the Minister.
(b)For the purposes of any claim referred to in paragraph (a), the Minister will be regarded and treated, in all respects, as the legal successor to the South African Roads Board.

 

(4)Any determination of the amount of toll, exemption from payment of toll, and restriction or suspension of the levying of toll in terms of the previous Act, which is in force in respect of a particular toll road immediately before the incorporation date, will continue in force in respect of that road in all respects as if made, granted or imposed under this Act, until it is determined anew, or is altered, withdrawn or terminated (as the case may be) under Chapter 3.

 

(5)
(a)The Agency will succeed the South African Roads Board as debtor under the loans which before the incorporation date were raised by that Board in terms of section 2(2A) of the previous Act for the purposes of or in connection with the existing toll roads.
(b)Any guarantee issued in terms of the previous Act by the State to cover the loan obligations of the South African Roads Board to which the Agency succeeds in terms of paragraph (a) of this subsection, will be regarded and treated in all respects as if it had been issued in terms of section 33(3) of this Act to cover the fulfilment of those obligations by the Agency.
(c)With a view to accommodating the intrinsic funding levels associated with the existing toll roads, the State, represented by the Minister and acting with the agreement of the Minister of Finance, may from time to time increase the amount of any guarantee mentioned in paragraph (b) so as to cover any replacement or additional loans that may be raised by the Agency for the purposes of or in connection with any existing toll road.
(d)For the purposes of this subsection, ‘‘existing toll road’’ means any national road which was declared a toll road under section 9 of the previous Act and to which the provisions of section 27(6) of this Act apply.