Rural community wins court battle for access road
Ehesini’s impassable road in the Eastern Cape cut off villagers, left children struggling to access schools and ambulances unable to reach villages
In a landmark court victory, a rural community in the Eastern Cape region of South Africa has secured an order compelling their local municipality to construct a proper access road. The Ehesini community has been grappling with a "road" that has been little more than a dangerous potholed footpath since before the end of apartheid.
Judge Nolubabalo Cengani-Mbakaza ruled that the municipality and its manager had breached their constitutional and statutory duties by failing to adequately maintain and repair the access road. The court mandated that the municipality assess and fix the road, allocate funds for ongoing maintenance, and provide a report within 90 days.
The judge also ordered that all rehabilitation work be completed within 180 days and that a second report be submitted within 200 days. The community, led by headwoman Nomtha Thwane, expressed their distress over the lack of a suitable road, stating that it hindered access to schools, clinics, and job opportunities in the nearest town.
The judge emphasized the community's urgent need and the municipality's failure to address the issue despite repeated pleas and statutory notices.
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