By Sharon King / Business Development Manager /  Mooney Ford Attorneys

 Is your petrol station out of fuel — or just waiting for a price increase?

With Middle East tensions continuing to drive fuel price volatility, South African motorists are well familiar with the long queues that form at filling stations before a monthly price adjustment. But a more troubling trend has emerged: reports of petrol stations that suddenly ‘run dry’ just before a price hike — only to restock once the higher price takes effect.

So is this practice legal?

Under South African law, the Department of Mineral and Petroleum Resources (DMRE) sets the maximum retail price of petrol. Retailers cannot charge above this price — which means deliberately withholding available fuel to avoid selling at the current regulated price is not only unethical, it may be unlawful.

The key distinction is intent:

✔️ Genuine shortages due to supply chain delays or panic buying = lawful

❌ Deliberately withholding fuel to benefit from an upcoming price increase = potentially illegal

In March 2026, Minister Gwede Mantashe warned Parliament that this conduct would not be tolerated and confirmed that the DMRE would investigate cases where fuel ‘mysteriously’ reappears after a price increase. The Competition Commission has similarly flagged this behaviour as potential price gouging.

If you suspect a filling station is withholding fuel, you can report it to:

• The DMRE
• The Competition Commission
• Consumer protection authorities

At Mooney Ford Attorneys, we keep you informed on the legal issues that affect your daily life and business. Reach out if you have questions about your rights as a consumer.

Photo by Dawn McDonald on Unsplash