- Ehesini and Kunomyayi residents told the court a neglected access road left them cut off from clinics, schools and government services.
- The municipality said issues with consultation, budget constraints and service delivery backlogs were to blame.
- The High Court ordered the municipality to create a funded rehabilitation plan, carry out regular maintenance and submit ongoing reports to the court.
For people in Ehesini and Kunomyayi, reaching the nearest town has meant using a gravel road that becomes dangerous and sometimes impassable after heavy rain.
After years of trying to persuade Dr AB Xuma Local Municipality to fix and maintain the Ehesini Access Road, the two rural communities turned to the High Court in Mthatha. They argued that the road’s poor condition denied them real access to healthcare, education and other basic services.
Residents say repeated pleas were ignored
Residents told the court they had reported the condition of the road many times to councillors and municipal officials, who were well aware of the problems people faced.
Evidence presented to the court showed that erosion and a lack of proper drainage made the road muddy and slippery when it rained. Residents struggled to get sick relatives to help, children had trouble getting to school and access to Ngcobo, the nearest service centre, was often disrupted.
After a community meeting and serving the required legal notice, the residents were told the municipality was looking into the matter. They said nothing happened, so they went to court.
Municipality points to budgets and planning
Dr AB Xuma Local Municipality opposed the application, saying road maintenance had to be prioritised in its Integrated Development Plan and within a limited budget.
The municipality said the communities had not taken part in consultation processes and pointed to a road network of more than 900km, much of it needing attention. It also said that repairs done after the legal case started meant the dispute was now moot.
Court finds constitutional obligations were breached
Acting Judge N Cengani-Mbakaza rejected the municipality’s arguments and found no evidence that the communities had refused to take part in consultations.
The court said that while municipal planning and budgeting laws control how services are delivered, they do not excuse municipalities from their constitutional duty to provide reliable services. Years of inaction, followed by patching only after legal action started, fell short of what the Constitution requires.
The judge also found that the municipality did not show why it could not meet its responsibilities with the resources it had. Simply saying there were budget problems and backlogs was not enough.
Municipality placed under court supervision
The High Court declared that Dr AB Xuma Local Municipality had failed to meet its constitutional and legal duties by not properly maintaining the Ehesini Access Road.
The municipality was ordered to fully assess the road within 90 days, put a funded rehabilitation and maintenance plan in place, and submit the plan to the court. It must finish repairing the road within 180 days and file a report showing it has done so.
Get your news on the go. Click here to follow the Conviction WhatsApp channel.
