The Gautrain Management Agency has commenced with plans for the proposed extension of the Gautrain Rapid Rail Integrated Link (the Gautrain) to areas such as Mamelodi, Cosmo City, Fourways, Sunninghill, Randburg and Roodepoort. A notice was published in the Government Gazette on 26 February 2025 regarding the route determination for the proposed extension. This being line with section 6 of the Gauteng Transport Infrastructure Act No 8 of 2001 (the GTIA) as amended by the Gauteng Transport Infrastructure Amendment Act No 6 of 2003.

The said notice includes a diagram and a legend which outlines the existing routes and as well as the intended extensions. The diagram indicates that along the existing route an additional station will be added in Samrand which lies between Centurion and Midrand Stations. The first phase of the extension will be a route beginning at the Sandton station and will extend to Cosmo City and Litte Falls. The diagram also includes a preliminary route alignment study of three proposed routes that will form a junction at Cosmo City.

Interested and affected parties have an opportunity to comment in writing to the MEC for Roads and Transport (the MEC) until 31 March 2025 in accordance with section 6(3)(c) of the GTIA.

The proposed extension of the Gautrain will result in the expropriation of land or land rights in the areas of extension. Section 19(1) and (3) of the GTIA provides that the MEC may, by notice to the owner of land, expropriate land or a right in land with compensation and cause it to be registered in the name of the province. Section 24(1) of the GTIA provides that ownership of the expropriated property shall vest in the province on the date of expropriation.

No private structural alterations allowed

Section 46(1) of the GTIA provides that no person may, without the MEC’s written permission, make a structural alteration or addition to a structure situated on, over or below the surface of a provincial railway line. According to section 46(7), the MEC may, by notice in writing, direct that such person removes the alteration or addition within a reasonable period. Failure to do so will result in the MEC attending to such removal and recovering the cost from said person. On or about 19 February 2025, a Rosebank resident drilled a borehole on his property which caused water and soil seepage into the Gautrain tunnel. This incident resulted in repairs amounting to R1 million.

Impact on property

It is interesting to note that a 2017 study by the South African Journal of Geomatics on the impact of the Gautrain on the prices of property situated around Sandton, Rosebank and Midrand indicated an increase in property prices subsequent to the operation of the Gautrain stations

Therefore, with the proposed extension of the Gautrain, citizens whose land rights may be expropriated are urged to be aware of the legal consequences thereof.

Written by Lisa Tonini and Kagiso Moatlhodi, Fluxmans Attorneys