- The court found that the Gxaka-Gxaka access road is dilapidated.
- Mbhashe Local Municipality was ordered to begin repairs within 30 days and complete them within 180 days.
- The court held that the municipality had breached its constitutional obligation to provide a properly maintained access road.
Residents of the Gxaka-Gxaka area near Willowvale have secured a court order requiring Mbhashe Local Municipality to repair and restore the access road connecting their community to Fort Malan Road.
Community members, acting through their traditional leader, brought the case to court. The leader was authorised by the community to act on their behalf. Residents asked the court to order the municipality to repair and restore the road, saying it had deteriorated badly.
The applicants said the road was full of potholes and in a very poor state. They argued that, despite many complaints to municipal councillors, nothing had been done to fix it.
The municipality opposed the application. It denied the road was in poor condition and said it was last maintained in 2024 after a complaint was made through the ward councillor.
The municipality also said the complaints had not been submitted as the applicants claimed. It argued that complaints are usually handled through its infrastructure maintenance process and that the applicants used the wrong legal process by going straight to court.
Road condition examined
The court needed to decide if the road was in poor condition, if the municipality had failed its constitutional obligations, and if an appropriate remedy should be given. Both sides presented photographs to support their arguments.
The applicants admitted that some maintenance had been done in 2024 but said flooding afterwards caused major damage to the road.
The court found that the dispute about the road’s condition could be decided based on the documents before it. "I am satisfied that the applicants have made a case to say the road is dilapidated as they allege," the court held.
The judgment noted that the photographs clearly showed the condition and surface of the road, supporting the applicants’ claims.
Constitutional and statutory duties
When looking at the municipality’s obligations, the court considered the Constitution and laws that govern local government.
The judgment referred to sections of the Constitution that require municipalities to provide services to communities in a sustainable way and to prioritise the basic needs of local people.
The court also looked at the Municipal Systems Act, which says municipalities must make sure local communities have at least a basic level of essential services.
Referring to Constitutional Court authority, the judgment stated, "The provision of basic municipal services is a cardinal function, if not the most important function, of every municipal government."
The court concluded that providing an access road counts as a basic service that municipalities are legally and constitutionally required to deliver. The judgment said the access road the applicants want is one of the basic services the municipality is legally and constitutionally required to provide.
Municipality found to have breached its obligations
In court, the municipality admitted it has a duty to provide an access road to the community, but denied failing in that duty. But after weighing the evidence, the court found the municipality had not met its duty.
The court said it was clear the municipality had breached its constitutional duty to provide a better, well-surfaced, and properly maintained access road.
The court also rejected the municipality’s argument that granting the order would go against the principle of separation of powers.
Standing challenge rejected
The municipality argued that the applicants did not have the right to bring this case to court. The court found that the traditional leader had been properly authorised by a community resolution to act for the residents, and that community members had signed affidavits supporting the application.
After looking at all the facts, the court decided the applicants had the right to bring the case. The judgment said the applicants had made a case for standing under section 38 of the Constitution.
Repair work ordered
The court ordered the municipality to repair and restore the Gxaka-Gxaka access road from the point where it connects to the Fort Malan main road. The municipality must start work within 30 days and finish everything within 180 days.
If the municipality misses these deadlines, it must report back to the court, explaining what steps have been taken and why more time might be needed.
If the municipality fails to comply, the applicants are allowed to go back to court using the same documents, adding anything new if needed.
The municipality was also ordered to pay the costs of the application.
Get your news on the go. Click here to follow the Conviction WhatsApp channel.
