Section 5: Private roads

5. Private roads (1) Any road in any area which has not been dedicated to public use, or has not been accepted as a regular maintenance responsibility by Government, the Road Development Authority or a local authority, shall be deemed to be a private road. (2) Any road which may be required on, or for purposes of access to, any land, whether State land, Pas Géométriques or private property, shall be deemed to be a private road. (3) Subject to this Act, no money provided for the construction, care, maintenance and improvement of public roads shall be expended by or under the authority of any highway authority on any private road. (4) Responsibility for the construction, care, maintenance and improvement of a private road shall rest with the owner of the land on which the road exists or is to be constructed or, if the owner cannot be found, with the occupier of the land served by the road, including the premises fronting the road. (5) In case of doubt whether a road is a private road for the purposes of this Act, the onus shall rest on the person contending that the road should R28 – 5 [Issue 3] Roads Act be maintained by the highway authority to prove that the road has been dedicated to public use or accepted as a regular maintenance responsibility by Government, the Road Development Authority or a local authority. [S. 5 amended by s. 23 (2) of Act 48 of 1991 w.e.f. 12 March 1992; s. 30 (1) of Act 6 of 1998 w.e.f. 20 July 1998.] 6. —