Court orders Eastern Cape municipality to build proper road for villagers enduring ‘deep pain and suffering’

A rural Eastern Cape municipality has been ordered to build a vital access road to a rural village after residents, fed up with being given the runaround by municipal officials, went to court about it.

The application was brought by the Kunogqala Local Residents and a number of its members. The initial application also included a request for an order compelling the municipality to finish a bridge over the local river, but this project had already begun before the court heard the matter.

The road and bridge link Nogqala Location in the Mnyolo Administrative Area to the towns of Ngcobo and Ugie. 

In papers before court residents said that when it rains they are cut off from both towns because they cannot cross the river, while the state of the road was very bad. 

“The dire consequences of the incomplete bridge are set out as follows: Firstly, school pupils stay at home when the weather is bad for at least a month, that sometimes result in the school dropouts in the location; Secondly, during the times of death of one of the residents, male members of the community carry the casket crossing the river on foot and consequently walk long distances because of the incomplete bridge to bury one of their own. The hardship of walking a long distance to reach the gravel road for transport is a general struggle of every resident of Nogqala Village. Their businesses are tremendously struggling as a result of the bad and poor condition of the road and the bridge,” Zono wrote in his ruling.

Construction on the bridge started in 2021 but was left unfinished and it became dangerous. Residents asked attorneys to write letters of demand, but nothing helped.

The municipality argued in court papers that it had already appointed a new contractor to complete the bridge and that work had already begun. 

But it warned the residents that it would not do any work on the access road to the bridge, after residents had been pleading for a proper access road for decades. 

“The broader community affected by this application is situated approximately 48km from the nearest town, Ngcobo, at the foot of the mountain,” Zono said. 

Papers before the court explained that “there is no access road… the applicants experience great hardship in trying to access Ngcobo and Ugie Towns where they do their shopping for daily necessities, access banking services and to work. Their lives are literally being cut off from their source of income and their amenities, which is unbearable.”

The municipality admitted that the road is substandard but added that it would build 500m of road on each side of the bridge.

“Previous and present municipal councillors were approached and complaints were made about the road, but to no avail. Municipal councillors would have opportunities of visiting Nogqala Village community to hold meetings with them, and they would be advised of the problem of incomplete bridge and dilapidated state of the access road. The councillors are using the same road when attending meetings with the Nogqala community. Their present ward councillor is from Nogqala Village. They all knew the extent of the problem besetting the Nogqala road and bridge in the village,” Zono said.

“The last meeting between the community and respondents’ officials was in March 2023 where the subject was the incomplete bridge and lack of access road. Municipal officials left the community with promises to revert back with the date and time when the grievances would be attended to. That did not happen. The officials promised to investigate the matter and resolve the community’s problems. The municipality, contrary to their promise, did not revert back to the  community. Instead, when a letter of demand was sent to the municipality by the community’s legal representatives, they opposed that letter.” 

Zono added that a new contractor had been appointed on 17 July 2023 and work on the bridge restarted on 4 October 2023 and as such he made no further orders about it.

However, he said the municipality’s stance on the road was not “development-orientated and therefore unconstitutional”. 

“Notwithstanding countless meetings with respondents’ councillors and officials about a need to construct the road in question, their need has not been responded to and that failure constitutes an infraction to the Constitution.”

Zono added that the municipality had also failed to explain why the road was not being built. 

“The [municipality] failed dismally to assist this court to optimally and effectively come to a right decision.

“It is apparent from the applicants’ founding papers that there are other rights that are affected by the municipality’s failure to construct the road in question. These rights are predicated on the fact that school pupils or learners find it difficult to attend schools, especially when it is raining. 

“It is further plain that Nogqala Village residents do not enjoy their right to dignity even after they have met their demise. The dilapidated state of the road stripped Nogqala residents of their dignity. They carry coffins, with long distances, crossing rivers while at the same time they are mourning. While their departed one is not handled in dignity because of the state of the road, the mourners are not mourning in dignity for the same reason. This shows the deep pain and suffering people of Nogqala Village are enduring at the hands of the municipality,” Zono added.

He said he believed that the dilapidated state of the road may cause irreparable harm to the community.

He ordered the municipality to “take all steps necessary” to finish the Nogqala Road that connects Nogqala Village to the road to Ngcobo and Ugie. 

Zono also went further to compel the municipality to communicate with the community through their attorneys within 180 days to inform them about what had been done so far and then also report after another three months to explain what else it had done.

Sivuyile Myeko, spokesperson for the Dr AB Xuma Municipality, had not responded to a request for comment by the time of publication.

Read more: ‘We just want a tar road’ – Eastern Cape’s Elliotdale residents express their plight in protest

In 2024, in a damning report, the South African Human Rights Commission found that the state of road infrastructure was so bad in the Eastern Cape that it violated the Constitution. 

Read more: Human rights commission proposes once-off fuel levy to fix horrific Eastern Cape roads

“The inquiry revealed that inadequate road infrastructure continues to severely hamper access to essential services, particularly in rural communities, where the lack of connectivity directly affects access to healthcare, education, economic opportunities and other opportunities needed. These road conditions have perpetuated historical inequalities and have resulted in ongoing human rights violations. A key finding of the inquiry is that the persistent lack of road maintenance and development contributes to widespread violations of fundamental rights, including access to education… the right to healthcare… and the right to safety and security… These rights are significantly compromised, particularly in rural areas where road infrastructure remains grossly inadequate,” the report read.

At the time the commission ordered the national and provincial transport departments to prioritise the upgrade and maintenance of critical routes that serve key facilities such as hospitals, schools and police stations. In particular, the road networks that serve the agricultural and tourism sectors must be given special attention to ensure these vital industries can operate effectively and contribute to the provincial economy.  

On Monday, Eastern Cape transport MEC Xolile Nqatha said huge investments would be made into the province’s road infrastructure, both by the South African National Roads Agency and the province. This would “go a long way in addressing some of the issues raised by the South African Human Rights Commission in its recent report on road infrastructure in the province, citing it as a human rights violation”.

One of the most pressing issues identified in the report is the substantial backlog in road infrastructure development in the Eastern Cape, with only 9% of roads being paved, compared with the national average of 25%. This historical backlog is exacerbated by a lack of adequate sufficient funding.

Read more: R3.8bn a year – how much the Eastern Cape needs to fix potholes and maintain roads

He said the latest in line to be upgraded from gravel to tarred is Clarkebury Road, connecting the R61 near Engcobo and the N2 road near Dutywa, while several other roads are at various stages of similar upgrades. Those included Willowvale to Dwesa, the R61 to the Hluleka Game Reserve as well as the R72 to Hamburg coastal resort.

“We know that the demand for road infrastructure is massive, and we acknowledge that our strides are perhaps not to everyone’s satisfaction. But our pledge is to continue to invest towards an improved road infrastructure for everyone in the Eastern Cape,” Nqatha added. DM