By: Calvin Nchabeleng - Partner & Tshepang Mphela, Associate from Webber Wentzel

The Member of the Executive Council (MEC) for Roads and Transport in Gauteng issued a Notice of Route Determination of a Railway Line (the Notice) for the Soweto Extension and Cosmo City Junction of the Gauteng Rapid Rail Integrated Network Extension Project (the Project).

The Gautrain Rapid Rail Link Network (Gautrain) is an 80-kilometre high-speed commuter rail system managed by the Gautrain Management Agency (GMA) under a Concession Agreement between the Gauteng Provincial Government and a private operator. The Gautrain currently connects Johannesburg, Pretoria, Kempton Park, and O.R. Tambo International Airport. The Project aims to expand the Gautrain network by adding new routes and stations (Network Extensions).

The GMA has recorded significant benefits of the Gautrain on Gauteng’s economy, including:

34,800 direct jobs created during the construction phase and 922 sustainable jobs since operations began.

An estimated ZAR 46 billion contribution to the province's gross domestic products.

Increased property development around Gautrain stations.

The value of property near Gautrain stations is growing 3% faster than in surrounding areas, and rental rates in places like Rosebank have, in some cases, experienced a 100% appreciation.

According to the Notice, the proposed railway routes include:

Little Falls Station to Jabulani Station (Soweto) via Roodepoort Station.

Cosmo City Station to Samrand Station via Fourways Station, Sunninghill Station, and Olievenhoutbosch Station.

Cosmo City Station to Lanseria Station via Cradle Station and Smart City Station.

The Notice was published under section 6 of the Gauteng Transport Infrastructure Act 8 of 2001 (GTIA).

The GTIA (i) consolidates the laws relating to roads and other types of transport infrastructure in the Gauteng province, (ii) regulates transport infrastructure, and (iii) vests the obligation to finance, construct, and manage the province's transport infrastructure in the MEC.

The publication of the Notice marks the first phase in a two-phase process of establishing a railway line. The first phase is the Route Determination, followed by the Preliminary Design phase.

Section 6 of the GTIA outlines the required process for determining a new route. In terms of section 6(1), the MEC must initiate a preliminary route alignment study in the form of a written report containing recommendations on the proposed route. Under section 6(2), the MEC must also conduct an environmental investigation and compile a report before finalising the route determination. In addition, section 6(3) requires the MEC to publish a notice that includes:

" (a)     broad description of the proposed route;

(b)       particulars of the times and places at which the preliminary route report and environmental report can be inspected and copies be made;

(c)       an invitation to all interested and affected parties to comment in writing before a date, not less than 30 days after publication of the notice, on the recommended route; and

(d)       a reference to the regulatory measures which take effect in terms of section 7 on the publication of the route in terms of subsection (11)."

Section 6 further requires the MEC to consult all municipalities affected by the proposed route and request them to submit written comments on the preliminary route and environmental reports. These comments must include the potential impact of the proposed route on spatial planning and strategic municipal development frameworks. Additionally, the MEC must review all public and municipal comments before determining the final route. If necessary, the MEC may refer specific issues raised in the comments to a public inquiry commission, which will provide recommendations within a specified timeframe. Once the MEC has considered the inquiry findings (if applicable) and finalised the route, the determined route must be published with reference to its centre line.

Under section 7 of the GTIA, once a route is published, certain regulatory measures must be applied:

No application may be granted for the establishment of a township, the subdivision of land, or any change of land use in terms of any law or town planning scheme, as well as for any authorisation contemplated in the National Environmental Management Act, 1998 (NEMA), as amended, without due consideration of, among others, the MEC’s comments on such application.

No service provider may, after commencement of this section, lay, construct, alter, or add to any pipeline, electricity line or cable, telephone line or cable, or any other structure on, over, or under areas within 200 metres of either side of the centre line and within 500 metres of the intersection of the centre line of any other route determined in terms of section 6, except with written permission from the MEC, which may be granted with such conditions as the MEC may prescribe or in terms of a registered servitude.

No service provider may construct, alter, or add to any structure of any nature whatsoever on, over, or under areas within 200 metres of either side of the centre line and within 500 metres of the intersection of the centre line of the route with the centre line of any other route determined in terms of section 6, except with written permission from the MEC, which may be granted with such conditions as the MEC may prescribe or in terms of a registered servitude.

Any application for the establishment of a township, the subdivision of land, or any change of land use in terms of any law or town planning scheme, as well as for any authorisation contemplated in NEMA, must be submitted to the MEC. It must be accompanied by a written report from a consulting civil engineering firm specialising in road design and transportation engineering, detailing the effect and impact of granting such an application, including, among others, its impact on the route published by the MEC.

The second phase in establishing the railway line for the Network Extensions will commence with a preliminary design for the extensions.

In line with the legislative requirements outlined above, the MEC has also published a draft Route Determination Report for public comment. This report includes a preliminary route alignment study and an environmental investigation report (the Route Determination Report).

The Route Determination Report highlights, among other aspects, that the Project will be undertaken in phases. A preliminary route alignment study for Phase 1 was conducted in 2021, and the determined route was published in a Provincial Gazette on 25 May 2022.

The Route Determination Report further emphasises that route determination is the first step required by the GTIA. Following this step, the process will proceed as follows:

• Preliminary design: This phase will provide further details on how the proposed extension will be structured, including the extent to which it will be at grade, on viaducts, or underground, as well as the width of the rail reserve within the 400-metre corridor. This process will determine the land or properties impacted. It will also include a full Environmental Impact Assessment (EIA), incorporating a public participation process as legislated under NEMA. The EIA will include specialist studies and provide recommendations on mitigation measures and management plans to be incorporated into the design and subsequent operations plan.
• Proclamation: Property owners and occupiers identified as falling within the future railway reserve will be consulted and given an opportunity to submit comments or representations for consideration by the MEC before the proclamation of the rail reserve.
• Expropriation: The provisions of the Expropriation Act 13 of 2024 will apply, including, among others, serving notices to owners or mortgagees, who may accept or dispute the compensation offered or request further particulars regarding the notice.

Interested and affected parties are invited to submit written comments on the proposed routes by 31 March 2025. Given the impact of the Notice on land use authorisations within the proclaimed route, municipalities as well as interested and affected stakeholders are encouraged to submit comments as invited.

The Gautrain expansion is a welcome development. Based on the proven impact of the existing Gautrain network, this expansion is expected to:

Improve accessibility and mobility for passengers in the newly serviced areas.

Enhance the employment and education opportunities for public transport users.

Generate jobs during the construction and ongoing operations.

Unlock economic activity in areas surrounding new stations.

The expansion also aligns with broader national efforts to modernise rail infrastructure at a time when investment in public transport is at an all-time high. It represents a step in the right direction toward infrastructure development promoting the shift from road to rail, and contributing to South Africa's international climate commitments, including the Paris Climate Accords.