Following demands to fix most South African roads, High-court has on March 1, 2017, ruled that private South African citizens can fix SA roads and then go ahead to sue government for it.
The Eastern Cape High Court ordered the provincial Roads Department to refund citizens, particularly farmers who maintain SA roads within their community themselves.
The high court judgement subjected government to strict conditions which includes a 30 days notice of repairs after which private individuals are free to take up the SA roads repair and them charge the road department.
The court decision early this year has set a new precedent that will allow for private citizens and bodies to perform basic service delivery functions with taxpayers’ money.
According to judgement passed by president of Agri Eastern Cape, Douglas Steyn, the ruling would likely to have far-reaching consequences around the country as other farmers and civil society group will follow suit.
This was confirmed by civil group Afriforum, who noted earlier that it has subsequently begun using similar legal means to provide basic service delivery functions around the country.
Speaking in the 12 March edition of the Rapport, head of AfriForum’s local governance division, Marcus Pawson, noted that it had not only been reimbursed for roads but other basic services such as the removal of trees, and the replacement of water pumps.
Business tech also reported Pawson and Afriforum saying “the judgment was to set precedent in other provincial jurisdictions so that persons would not have to be reimbursed on a case by basis but could then implement the fixes using specific legal guidelines.
The new court judgement comes after the City of Cape Town took SANRAL to court after not agreeing “with much” of what SANRAL was proposing for the N1 and N2.
Mayoral Committee Member for Transport and Urban Development Brett Herron said the City would not support urban tolling as the infrastructure for it to work well, was “just not there.”
SANRAL has been ordered by the court to pay over R20 million for the city’s legal costs, but both parties still believe they can work together.